A Treatise on Presumptions of Law and Fact: With the Theory and Rules of Presumptive Or Circumstantial Proof in Criminal Cases |
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Page 26
... called proofs , and the process employed in their application , reasoning . ( g ) §2 . It is obvious , from the above enumeration , that , if the assent of the human mind to propositions , or the sphere of human action , were only co ...
... called proofs , and the process employed in their application , reasoning . ( g ) §2 . It is obvious , from the above enumeration , that , if the assent of the human mind to propositions , or the sphere of human action , were only co ...
Page 28
... called the principal fact , and the former the evidentiary fact . And when the persuasion is at its highest point , the principal fact may , in a more expressive way , be termed " the fact proved , " and the evidentiary , " the ...
... called the principal fact , and the former the evidentiary fact . And when the persuasion is at its highest point , the principal fact may , in a more expressive way , be termed " the fact proved , " and the evidentiary , " the ...
Page 31
... called " passio animi aliquid firmiter non eligentis ; " ( Menoch . de Præs . , lib . 1 , quæst . 8 , n . 41 :) e . g . A. B. is found murdered ; C. D. , a man of bad character , is known to have a strong interest in his death ; this ...
... called " passio animi aliquid firmiter non eligentis ; " ( Menoch . de Præs . , lib . 1 , quæst . 8 , n . 41 :) e . g . A. B. is found murdered ; C. D. , a man of bad character , is known to have a strong interest in his death ; this ...
Page 32
... called by jurists , presump- tions of fact , or natural presumptions ; and , also by the civilians , [ * 16 ] præsumptiones hominis , ( m ) in order to distinguish them from others of a technical kind , of which more or less are to be ...
... called by jurists , presump- tions of fact , or natural presumptions ; and , also by the civilians , [ * 16 ] præsumptiones hominis , ( m ) in order to distinguish them from others of a technical kind , of which more or less are to be ...
Page 33
... called , intendments of law , and by the civilians præsumptiones seu positiones juris , are inferences or positions established for the most part by the common , but occasionally by statute law , and are obligatory alike on judges and ...
... called , intendments of law , and by the civilians præsumptiones seu positiones juris , are inferences or positions established for the most part by the common , but occasionally by statute law , and are obligatory alike on judges and ...
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Common terms and phrases
accused appeared Beck's Benth Blackst Causes Célèbres circum circumstances claim committed consideration convicted corpus delicti courts crime criminal death deceased deed defendant dence document Doe d easement Eccl enjoyment executed existence extrajudicial False confessions favour grant Greenl guilt Hagg Hale handwriting held Hilder Huberus indictment inference innocent instance judge judicial Jurisp justice land Law Reps Litt Lord Coke Lord Denman Lord Eldon Lord Mansfield Lord Tenterden marriage matter maxim ment murder nature observed offence owner party period person Phill plaintiff pleaded possession Poth Præl Præs præsumptio præsumptio juris præsumuntur prescription presumed PRESUMPTIONS OF LAW presumptive evidence Presumptive Proof primâ facie principle prisoner Prob probability proved quæ question rule says seisin shew shewn Stark statute stolen sufficient sumption supposed surrender suspicion taken tenant term testator testimony Theory of Presumptive tion trial twenty witnesses
Popular passages
Page 85 - Lancaster, or being the property of any ecclesiastical or lay person or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
Page 85 - ... years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 86 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Page 85 - That the Time during which any Person otherwise capable of resisting any Claim to any of the Matters before mentioned shall have been or shall be an Infant, Idiot, Non compos mentis, Feme Covert, or Tenant for Life, or during which any Action or Suit shall have been pending, and which shall have been diligently prosecuted, until abated by the Death of any Party or Parties thereto, shall be excluded in the Computation of the Periods herein-before mentioned, except only in Cases where the Right or...
Page 161 - I would never convict any person of murder or manslaughter, unless the fact were proved to be done, or at least the body found dead,(/) for the sake of two cases, one mentioned in my lord Coke's PC cap.
Page 83 - Parliament assembled and by the authority of the same that no claim which may be lawfully made at the common law by custom prescription or grant to any...
Page 172 - They ought rather to reflect, that he who falls by a mistaken sentence, may be considered as falling for his country ; whilst he suffers under the operation of those rules, by the general effect and tendency of which the welfare of the community is maintained and upholden. CHAPTER X. OF RELIGIOUS ESTABLISHMENTS, AND OF TOLERATION. ' A RELIGIOUS establishment is no part of Christianity ; it is only the means of inculcating it.
Page 85 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...
Page 89 - ... tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods...
Page 86 - It seems, therefore, that the 'enjoyment as of right' must mean an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission asked from time to time, on each occasion or even on many occasions of using it; but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use it without danger of being treated as a trespasser, as a matter of right, whether strictly legal, by...