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CONTENTS.
PART I.
ON PRESUMPTIVE EVIDENCE AND PRESUMPTIONS IN GENERAL.
CHAPTER I.
On Proof, Evidence, and Presumptions in General, with the division of the
latter into Presumptions of Law, Fact, and Mixed Law and Fact.
Knowledge and judgment-faculties of the human mind conversant about
truth and falsehood
founded on probability
original and primary signification of the word " presumption"
Different meanings of the word "proof"
Modes by which truths of fact are evidenced to the mind
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5,7
through the medium of the senses
by reasoning from truths which have been so evidenced
Meaning of the expression "evidence"-how distinguished from proof
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Modes of reasoning on matters of fact not coming under the cognizance of the
senses
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necessary inference
probable or presumptive inference
In jurisprudence, the words "evidence" and "proof" not applied to questions
of law
by things coming under the cognizance of the senses
by media of testimony, such as witnesses, documents, &c.
division of judicial evidence into direct and circumstantial
technical meaning of the expression "presumptive evidence, and secondary
signification of "presumption"
Popular signification of "presumption"
Division of facts into physical and psychological
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Division of presumptions into presumption of law, of fact, and of mixed law
and fact
Conclusive presumptions, or "presumptiones juris et de jure" formerly too numerous
useful when restrained within proper limits
Fictions
use of
Rebuttable presumptions of law, or " præsumtiones juris tantùm"
CHAPTER III.
Presumptions of Fact, and Mixed Presumptions.
Presumptions of fact
grounds and sources of they relate to things, persons, and the acts or
thoughts of intelligent agents
legal admissibility of presumptive evidence
rules of legal evidence
presumptive evidence not inferior or secondary to direct evidence
probative force of presumptive evidence
division of presumptions of fact into violent, probable, and slight
Lord Coke's illustration of violent presumption
objections to it
utility of threefold classification doubtful
presumptions considered with reference to the burden of proof
general rule respecting the onus probandi
divisions of presumptions of fact into slight and strong
slight presumptions of fact
do not shift the burden of proof
use and effect of slight presumptions
strong presumptions of fact
shift the burden of proof
effect of, in civil and criminal cases
distinguishable from presumptions of law
Mixed presumptions, or "quasi præsumptiones juris"
different classes of
artificial presumptions formerly carried too far
true limits and use of .
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Discretion of juries in drawing presumptive inferences controlled by the courts
direction to juries respecting presumptions of fact and mixed presumptions new trials when they are disregarded by juries
CHAPTER IV.
On Conflicting Presumptions.
Of the maxim "stabit præsumptio donec probetur in contrarium"
2. Presumptions derived from the ordinary course of nature are stronger
than casual presumptions
3. Presumptions are favoured which tend to give validity to acts
4. The presumption of innocence is favoured in law
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Presumptions against Ignorance of the Law, Illegality, Neglect of Duty, Fraud,
Covin, Immorality, etc.
On the Maxim, "Omnia præsumuntur rite esse acta."
Meaning of the rule "omnia præsumuntur ritè esse acta"
General view of the subject
priora præsumuntur à posterioribus
probatis extremis, præsumuntur media
posteriora præsumuntur à prioribus
Division of the subject
official appointments
official acts
judicial acts
awards
rule does not apply to give jurisdiction
extra judicial acts,
examples of application of the rule
execution of wills
signing by testator
attestation by witnesses.
collateral facts presumed to give validity to instruments
construction of instruments
interlineations and erasures
Presumptions from Possession and User.
Presumption of right from possession
1. Presumption from long user of rights to things which lie
prescription
at common law
easements
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licenses
3. Presumptions in support of beneficial enjoyment
general principles
presumption of conveyances by trustees
instances in which the courts have refused to presume in favour of pos-
session and enjoyment
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149
general rule
presumption of the surrender of terms by trustees for terms of
years
formerly carried to an unreasonable length
surrender of terms presumable from circumstances
surrender of terms presumed from acts of the owner of the inherit-
ance
discussion of the question, whether the surrender of a term of years
assigned to attend the inheritance is to be presumed, as
among purchasers, from the terms not being noticed in recent
marriage settlements
arguments of Sir E. Sugden against it
the case of Doe d. Burdett v. Wrighte
case of Doe d. Putland v. Hilder
subsequent cases at variance with them
as also the subsequent practice
surrender of terms not assigned to attend the inheritance
presumptions in favour of title-belief of juries
Presumptions derived from the Course of Nature.
Physical
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