Presume

To presume, in the judicial sense, seems to mean to deterprobabilities inferred from such evidence as is exhibited, or by some rule of public policy or positive law. Presumption is an act of deciding, or a rule for deciding, a question which the dii-ect evidence leaves doubtful, by consideration of the probabilities, or in obedience to a rule of law deemed best adapted to determine questions of that nature. It is unfortunate that there are not two distinct names in use for what are known as presumptions of law and presumptions of fact; for the difference in their nature and grounds is marked and important. The latter class are founded on actual probability. Some evidence having been introduced, it is found, on consideration, to be feeble and inconclusive; nevertheless, it raises a probability, the mind inclines to infer from it a certain fact; hence, if nothing to the contrary can be proved, the controversy may often (in civil cases more particularly) be decided by assuming the probable fact to be true. Presumptions of this class have only a prima facie operation; they may be, in general, rebutted by counter-evidence of facts establishing a different probability. But it is impossible to sustain the doctrine of presumptions of law on the theory that they rest on a probability of fact. The presumption of title founded on twenty years' adverse possession; the presumption of payment of a simple-contract debt more than six years old; the presumption of incapacity to commit crime, in an infant under seven years; and numerous similar rules, — do not rest on a mere probability in each case that the fact is as the rule would have it, but are peremptory rules of law, resting on authority, judicial or legislative, established for the sake of securing peace and quieting litigation, and just as applicable and controlling when the circumstances of the case indicate a counter-probability. Presume ■ and intend, presumption and intendment, are nearly interchangeable terms. A presumption is that which is presumed or believed in the absence of any direct evidence to the contrary. Legitimate presumptions have been denominated violent sumptions as are drawn from inadequate grounds are termed light or rash presumptions.

— Brown, Presumptions are divided into prmsumptiones juris et de jure, otherwise called irrebuttable presumptions (often, but not necessarily, fictitious), which the law will not suffer to be rebutted by any counter-evidence; as, that an infant under seven years is not responsible for his actions; prcesumptiones juris tantum, which liold good in the absence of counter-evidence, but against which counter-evidence may be admitted; and prcesumptiones hominis, which are not necessarily conclusive, though no proof to the contrary be adduced. (Aust. Jur. lect. 26; 3 StepL Com. 545, note; Pow. Evid. 4thed. 70.) Modey ^ W. The principle of the law, that every man (including a prisoner brought up for trial) is to be presumed innocent till his guilt is established, cannot, of course, mean that we are to take for granted he is innocent;

— for, if that were the case, he would be entitled to immediate liberation: nor does it mean that it is antecedently more liliely than not that he is innocent, or that the majority of those brought to trial are so.

According to the most correct use of the term, a presumption in favor of any supposition means not a preponderance of probability in its favor, but such a preoccupation of the ground as implies that the rule presumed must stand good till some sufficient reason is adduced against it. It evidently means only that the burden of proof lies with the accusers,■' that the accused is not to be called on to prove his innocence, or to be dealt with as a criminal, till they have done so; but that they are to bring their charges against hira, which, if he can repel, he stands acquitted. Wharton, citing Whately Bhet. Ft. L eh.

3, § 2.

Presumptions are consequences which the law or judge draws from a fact known to a fact unknown. Presumptions not established by law are left to the judgment and discretion of the judge. Cronan u.

New Orleans, 16 La. Ann. 374.

A presumption is an inference as to the existence of a fact not known, arising from its connection with the facts that are known, and founded upon a knowledge of human nature and the motives which are known to influence human conduct.

Jackson v. Warford, 7 Wend. 62.

Presumptive evidence

Evidence which inclines but does not control belief; probable but not conclusive proof; evidence which, although believed, is not necessarily conclusive as to the fact in issue, but from which, according to the ordinary course of human affairs, the existence of that fact might be presumed. made in a bill in chancery for the purpose of negativing an anticipated defence. Hunt Eq. Pt. I. eh.

1.

Pretended or pretensed right or title. A right or title to land set up by one who is out of possession against the person in possession.

Cowel. The Stat. 32 Hen. VIII. ch.

9, forbids the sale of a pretended right or title to land, unless the vendor has received the profits for one whole year before the grant, or has been in actual possession of the land, or of the reversion or remainder, on pain that both purchaser and vendor shall each forfeit the value of such land to the king and the prosecutor.

4 Bl. Com. 136; 4 Steph. Com. 237.

Similar statutes prevail in most of the states.