Amendment status not verified — confirm the current text below against the official source.
The Court may presume the existence of any . facj' which it thinks likolr to have haplwllcd, rcg'nrd 1 , '11'1"'" jt.: ,,'i;.' Birth dLU'ill~' JII:ll'l'la~C, '('dIlC!IISi ve 1'1'001' of ll'g-itim<o.cy, ' Proof of "('ssiol1 of territory. Court. llla~' presume cxisknce 01 rcertain fill:h, .)h . ,'- ~ 1872.J being had to' the' comn10n course of' natural events, hUlnan condllct and public and private business, in their relation to the facts of the particular case. Illustrations. The Court may presume- (a.) That a man who is in possession of stolen goods soon after the theft is either the thief or has rc0oived the goods knowiI~g them to be stolen) unless he can account for his. possessIOn; (0.) That an accomplice is unworthy of credit!)unless lw is corrobol'ated in material particulars; (c.) That a bill of exchange, accepted or cnuorsed, was accepted or endorsed for good consideration; . (d.) That a thing 01'state of things which has been sho\vn to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence; (e.) That judicial and official acts have been regularly per- formed; , (f.) That the common course of business has been follow.. cd in particular cases; (g.) That evidence which, coulU he aml is not produced would, if produeed) be unfavourable to the person who with~ holds it; . (h.) That if a man refuses to answer a question which he is not compelled to answer by law) the answer, if given, would be unfavourable to him; (i.) That when a document creating fin obligation is in the hands of the obligor, the obligation has been (lischarged. But the Court shall also have regard to such facts flS the following, in considering whether snch maxims do 01' do -not apply to the particular case before it :- As to illustration (a)-A shop-keeper has in his till. a marked rupee soon after it was stolen, and cannot account for its posses- . sion specifically, but is continually receiving rupees in the course of his business: As to illustration (b)-A) a person of the highest. character, is tried for causing a man's death by an act of ncgligence in arranging certain machinery. . B) a person of equally good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself: . As to illustration (b)-A crime is committed hy severnl per- sons. A, Band 0, three of the criminals, are captured Oilthe t~P()t'::mdkept npal't. from each other. l~ach g-ives an account Evidellce. r - i.', ;,\'j ~ BVlclence. tAUT 1 ~ of the crime implicating D, and the accounts co1'l'ohorateeach other in such a manner as to render previous concert highly improbable: . '" As to ill'lstration (c)-A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant per80n, completely under A's influence: As to illustration (d)-It is proved that a river ran in a certain course five years ago, but it is known that there have been floods sin'ce that time whic~ might change its ('ourse: As to illustration (e)-A judicial act, the regularity of which is in question, was performed under exceptional circum~tances: As to illustration (f)-The question is, whether a letter was l'eceived. It is shown to have be~n posted, but the usual course of the post was interrupted by disturbances: As to iUustI'atioll (g)-A man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and repu- tation of his family: As to ilJustration (h)-A man refuses to answer a question which be is not compelled by law to answer, but the al1swer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked: ' As to illnstration (i)-A bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it. '. .--'-~ . ".., E:'.toppel. CHAPTERVIII. -ESTOPPEL.