Page:United States Statutes at Large Volume 47 Part 1.djvu/1132

 1108 Controvertible sumptions. 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 7. Any other presumption which, by statute, is expressly made conclusive. Pre - SEC. 1143 . ALL OTHER PRESUMPTIONS MAY BE CONTROVERTED.-All other presumptions are satisfactory, if uncontradicted. Th ey are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind 1. That a person as innocent of crime or wrong ; 2 . That an unlawful act was done with an unlawful intent ; 3. That a person intends the ordinary consequence of his voluntary act ; 4. That a person takes ordinary care of his own concerns ; 5. Th at ev iden ce willfully su ppre ssed wou ld be ad vers e if produced ; 6. That high er ev idence woul d be advers e fro m inf erior being produced ; 7. That money paid by one to another was due to the latter ; 8 . That a thing d elivered by one to. another belonged to the latter ; 9. That an obligation delivered up to the debtor has been paid ; 10. That former rent or installments have been paid when a rec eipt for latte r is prod uced ; 11. That things which a person possesses are owned by him ; 12 . That a person is the owner of property from exercising acts of o wnership over it, or fro m common reputati on of hi s owners hip 13 . That a person in possession of an order on himself for the payment of money, or the delivery of a ,thing, has paid the money or delivered the thing accordingly ; 14 . That a person acting in a public office was regnl.arly appointed to it; 15 . That official duty has been regularly performed ; 16 . That a court or judge, acting as such, whether in the Canal Zo ne or any state or country, was acting in the lawful exercise of his jur isdic tion ; 17 . That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties ; 18 . That all matters within an issue were laid before the jury and passed upon by them ; 19 . That private transactions have been fair and regular ; 20 . That the ordinary course of business has been followed ; 21. T hat a promissory note or bil l of exchange was given or indorsed for a sufficient consideration ; 22 . That an indorsem ent of a negotia ble prom issory n ote or b ill of exchange was made at the time and place of making the note or bill ; 23 . That a writing is truly dated ; 24 . That a letter duly directed and mailed was received in the regular course of the mail ; 25 . Identity of person from identity of name ; 26 . That a person not heard from in seven years is dead ; 27. T hat acquiescence followed fr om a belief tha t the thing acquiesced in was conformable to the right or fact ; 28 . That things have happened according to the ordinary course of nature and ordinary habits of life ; 29 . T hat persons acti ng as copartners have entered in to a contract of copartne;ship ; 30. That a man and woman deporting themselves as husband and wife hav e entered into a lawful contract of marriage ; 31 . That a child born in lawful wedlock is legitimate ;