Possession.) definition, 88. (See to what species of property it applies, against rights of crown, 89, 107- difference between it and custom, 90. requisites of, 90, 91. by unity of possession, 92. presumption of, how rebutted, 100- in the case of pews, 110-114. 2 & 3 Will. 4, c. 71; 116–130. mischievous influence of, in certain primary and proper signification of, secondary signification of, in jurispru- popular signification of, 14. in general, 15. presumptions of law, 17—30. conclusive, 20. fictions, 24. rebuttable, 28. presumptions of fact, 31. admissibility of presumptive evid- strong presumptions, 42. presumptions of mixed law and fact, direction to juries when evidence is new trials for the disregard of pre- conflicting presumptions, 52. particular presumptions of law and fact, presumptions against ignorance of illegality, 64. neglect of duty, 68. fraud and covin, &c. 69. maxim "Omnia præsumuntur ritè esse presumptions from possession and user, presumptions derived from the course presumptions from the habits of society, presumptions of the continuance of presumptions from the general charac- presumptive proof of handwriting, 217. miscellaneous presumptions, 240. Presumptive evidence in criminal cases, general theory and rules of. (See examination of some of the principal (See the several titles, Real evi- classification of presumptions by objections to, 37. tion doubtful, 38. presumption of guilt from, 310. 312. utility of the threefold classifica- Prisoners' counsel act, construction of, 345. Public officers, of pews, 113. of fences, 146. Replevin clerk, presumption of appointment of, 76. Reply, right to, when witnesses to character Reputation, evidence of marriage, 70. presumption of due appointment of, Return to mandamus, 76. presumed to do their duty, 68. Public rights, presumption in favour of, 78. in derogation of, 109, Revocation, appointment of, 77. presumptions 110. Putting off trial, 349. presumption of, 189. of will, 177. 206. River, presumption relative to soil at bottom of agreement to use land abutting on, (See Navigable river). presumption against, 57. fear presumed in cases of, 204. Sale of goods under distress, Satisfaction of term, not a ground for presuming a surren- not under seal only prima facie evi-Sea, for last rent presumptive evidence of Re-conveyance, presumption of, 146. Records, how proved, 35. 149. presumed to be correctly made, 68. Recovery, presumption in favour of, 79. presumable from circumstances, 145. Registration of deeds, When presumed, 149. Relation. (See Fictions.) exclusive right over arm of, 110. Sealing, of deed, when presumed, 75. 81. presumption relating to soil of, 240. Secondary evidence, 35, 36. Security, Seduction, presumption from possession of, 188. evidence to character in, 212. Seisin of estate, presumption of continuance from proof of, 186. Seisin of estate, (continued.) Statute, presumption of, 145. of occupation from allegation of, Strong presumptions of fact, 40. 42-44. Set-off, 242. onus of proving lies on the defendant, proof of, by date of document, 182. parochial, presumption of continuance of accounts, presumption from, 42. presumption of ownership of soil of, Sexual intercourse, presumption of, between husband and males under fourteen presumed incapa- Ship, presumption of loss of, 237-239. Signing, proof of. (See Handwriting.) presumption of signing by testator, 82. Silence under accusation, presumption of guilt from, 316. Slight presumptions, do not shift the burden of proof, 40. Sovereign of foreign state, 236, 237. take precedence of general ones, 53- 56. Spoliator, shift burden of proof, 42. effect of in civil and criminal cases, presumption of, when several persons cases in this country, 193-201. Tail, (Tenant in,) 67. 107. 170. presumption of surrender of, 150- Tithe collector, 77. presumptions in disfavour of, 203-Tithes. (See Modus decimandi). Title, numerous presumptions in favour of, presumption of knowledge of, 180. Toll, 50.93. Trade, presumption from usage of, 179. 181- contracts in restraint of, 243. |