Page:United States Statutes at Large Volume 76A.djvu/504

–408– -408§ 3222. Disputable presumptions All presumptions, other than those provided for by section 3221 of this title, are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind: (1) that a person is 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) that evidence wilfully suppressed would be adverse if produced; (6) that higher evidence would be adverse from inferior being produced; (7) that money paid by one to another was due to the latter; (8) that a thing delivered 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 receipt for latter is produced; (11) that things which a person possesses are owned by him; (12) that a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership; (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 regularly appointed to it; (15) that official duty has been regularly performed; (16) that a court or judge, acting as such, whether in the Canal Zone or a State or country, was acting in the lawful exercise of his jurisdiction; (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) that a promissory note or bill of exchange was given or indorsed for a sufficient consideration; (22) that an indorsement of a negotiable promissory note or bill 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 m seven years is dead; (27) that acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact;

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