Page:United States Statutes at Large Volume 47 Part 1.djvu/1133

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 32. That a thing once proved to exist continues as long as is usual With thi ngs of that natur e ; 33 . That the Jaw has been obeyed ; 34 . That a document or writing more than thirty yea rs old is genuine, Whe n the same has ' been since gen erally acted up on as genuine, by persons having an interest in the question, and its custody leas been satisfactorily explained ; 3 5 . Th at a printed and published book, purporting to be printed or published by public authority, was so printed or published 3 6 . Th at a printed an d published boo k, purporting t o contain reports of cas es adjudged in the tribunals of the state or co untry where the book is published, contains correct reports of such cases 37 . That a trustee or other person, whose duty it was to convey real property to a particular person, has act ually conveyed t o him when such presumption is necessary to perfect the title of such person or his successor in interest ; 38 . That there was a good and suffic ient considerat ion for a written contra ct ; 39 . When two persons perish in the same calamity, such as a wreck, a battle, or a conflagration, a nd it is not show n who died first, and there are no particular circumstances from which it can be inferred, survivorship i s presumed from the probabiliti es resulting fro m the strength, age, and sex, according to the following rules : First. If both of those who have perished were under the age of fifteen years, the older is presumed to have survived ; Second. If both were abo ve the age of sixty, the younger is presumed to have survived ; Third. If one be under fifteen and the other above sixty, the former is pres umed to have su rvived ; Fourth. If both be over fifteen and under sixty, and the sexes be different, the male is presumed to have survived ; if the sexes be the same, then the older ; Fifth. If one be under fifteen, or over sixty, and the other between those ages, the latter is presumed to have survived. INDISPENSABLE EVIDENCE Indisp ensable evi - dence. SEC. 1144. INDISPENSABLE EVIDENCE, WHAT .-The law mak es cer- What Is. tain evidence necessary to th e validity of pa rticular acts, o r the proof of particular facts. SEC. 1145. To PROVE PERJURY AND TREASON, MORE THAN ONE For pe rjury and tree. WITNESS R EQ UI R ED .-Perjury and treason mu st be proved by testi- m ony of mo re than one witness. Treason by the testimony of two witnesses to the same overt act ; and perjury by the testimony of t wo witnesses, or one witness an d corroborating circumstances. SEC. 1146. WILL TO BE IN WRITING .-A last will and testament, For wil l, except a nuncu pative will, is invalid, unless it be in writin g and exe cut ed with su ch for mal iti es as are req uir ed by law. Whe n, therefore, such a will is to be shown, the instrument itself must be produced, or secondary evidence of its contents be given. SEC. 11 47 . WILL, HOW REV OKED .-A wr itt en wil l can not be For revo cation of revoked or altered otherwise than as provided in the Civil Code . P W`ll. elf, p. use. SEC. 1148 . TRA NSF ER OF REAL PROPERTY TO lIE IN WRITING.-NO Transfer of real prop estate or inte rest in real prop erty, other than for leases for a term ertyy not exceeding one year, nor a ny trust or powe r over or concer ning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in willing, subscribed by 1109 Contr overtible pr( sumptions-Contd . I I