Page:United States Statutes at Large Volume 47 Part 1.djvu/1131

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 1107 men t or proof, be rea d in evidence in an action or proceeding, wit h- out f urthe r proof ; also, the original record of su ch conveyance or instrument thus acknowledged or proved, or a certified copy of the record of such conveyance or instrument thus acknowledged or proved, may be read in evidence, with the like effect as the original instrument, without further proof. MATER IAL O BJECT S PRE SENTE D TO THE SENS ES OT HER T HAN W RITIN GS Material objects oth- er than writing. SEC. 1136 . MATERIAL OBJECTS .-Whenever an object, cognizable by Admissible. the senses, has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it,'or to ma ke an i tem in the sum of the e viden ce, s uch o bject may be ex hibit ed to the jury, or its existence, situation, and character may be proved by witnesses. The admission of s uch evidence mu st be regulated by the sound discretion of the court. I NDIRE CT EV IDENC E ; INFER ENCES AND PRESU MPTIO NS Indirect evidence ; in- ferences and presuihk tions. SEC. 1137. INDIRECT EVIDENCE CLASSIFIED .-Indirect evidence is of Ind ire ct evidence two kinds : classified. 1. Inferences ; a nd , 2. Presumptions. SE C. 1138. INFERENCE DEFINED .A n inference is a deduction which the reaso n of the j ury m akes from the f acts prove d, wi thout an ex pre ss direction of law to th at effect. SEC. 1139. PRESUMPTION DE FIN ED .-A p resum ption is a dedu ction which the law expressly directs to be made from particular facts SEC. 1140 . WHEN AN INFERENCE ARISES.-An inf erenc e mus t be founded : 1. Ona fact legally proved ; and, 2. On such a deduction from that' fact as is warranted by a con- sideration of the usual propensities or passions of me n, the particular propensities or passions of the person whose act is in question, the course of business, or the course of nature. SE C. 1141. PRESUMPTIONS MAY BE CONTROVERTED, WH EN .-A p re- Presumption maybe sumpt ion ( unles s dec lared by law to be c onclu sive) may be co ntro- Controverted, when. verted by oth er evidence, direct or indirect ; but unless so con- troverted the ju ry are bou nd to f ind according to the presumption. SE C. 1142. SPECIFICATION OF CONCLUSIVE PRESUMPTIONS .-The fol- lowingpresumptions, and no others, are deemed conclusive 1 . A malicious and guilty intent, from the deliberate commission of an unlawful act , for the pu rpo se of injuring another ; 2. The truth of the facts recited, from the recital in a written instrument between the parties thereto, or their successors in inter- est by a subsequent title ; but this rule does not a pply to the rec tal of a consideration ; 3. W henev er a party has, by his own dec larat ion, act, or om issio n, intentionally, and deliberately led another to believe a particular thing true and to act upon such beli ef, he can not, in any li tigat ion arising out of such declaration, act, or omission, be permitted to falsi fy it , 4. A tenant is not permitted to de ny the title of his landlord at the time of the commencement of the relation ; 5. The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate ; 6 . The ju dgmen t or order of a cour t, wh en de clare d by this code to be conclusive- but su ch judgment or order must be alleged in the pleadings if there be an opportunity to do so If there be no such opportunity, the judgment or order may be used as evidence ;