Blacks Law Dict. 1st ed

PRIIT 1 INTEfSET

933

PRESUMPTION

upon a knowledge of human nature and the mo tives which are known to influence human conduct. 7 Wend. 62. Presumptions are either presumptions of law or presumptions of fact. "A presump tion of law is a juridical postulate that a par ticular predicate is universally assignable to a particular subject. A presumption of fact is a logical argument from a fact to a fact; or, as the distinction is sometimes put, it is an argument which infers a fact otherwise doubtful from a fact which is proved." 2 Whart. Ev. § 1226. See Code Ga. § 2752. Presumptions of law are rules which, in cer tain cases, either forbid or dispense with any ul terior inquiry. 1 GreenL Ev § 14. Inferences or positions established, for the most part, by the common, but occasionally by the statute, law, which are obligatory alike on judges and juries. Best, Pres § 15. Presumptions of fact are inferences as to the existence of some fact drawn from the existence of some other fact; inferences which common sense draws from circumstances usually occurring in such cases. 1 Phil. Ev. 486. Presumptions are divided into prcesumptlones juris et de jure, otherwise called "irrebuttable presumptions," (often, but not necessarily, ficti tious,) 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; pro> sumptiones juris tantum, which hold good in the absence of counter-evidence, but against which counter-evidence may be admitted; and prcesump tiones hominis, which are not necessarily con clusive, though no proof to the contrary be ad duced. Mozley & Whitley. There are also certain mixed presumptions, or presumptions of fact recognized by law, or presumptions of mixed law and fact. These are certain presumptive inferences, which, from their strength, importance, or frequent occurrence, attract, as it were, the observation of the law. The presumption of a "lost grant" falls within this class. Best, Ev. 436. Presumptions of law are divided into con clusive presumptions and disputable pre sumptions. The former are inferences which the law makes so peremptorily that it will not allow them to be overturned by any con trary proof, however strong. Best, Pres. § 17. They are called, also, "absolute" and "irre buttable" presumptions. The latter are in ferences of law which hold good until they are invalidated by proof or a stronger pre sumption. Best, Pres. § 25. Legitimate presumptions have been de nominated "violent" or "probable," accord ing to the amount of weight which attaches to them. Such presumptions as are drawn from inadequate grounds aie termed "light" or "rash" presumptions. Brown.

PRESUMPTION OP SURVIVOR SHIP. A presumption of fact, to the effect that one person survived another, applied for the purpose of determining a question of succession or similar matter, in a case where the two persons perished in the same catas trophe, and there are no circumstances ex tant to show which of them actually died first, except those on which the presumption is founded, viz., diffeiences of age, sex, strength, or physical condition. PRESUMPTIVE EVIDENCE. Any evidence which is not direct and positive. 1 Starkie, Ev. 558. The proof of facts from which, with more or less certainty, accord ing to the experience of mankind of their more or less universal connection, the exist ence of other facts can be deduced. 2 Saund. PI. & Ev. 673. The evidence afforded by circumstances, from which, if unexplained, the jury may or may not infer or presume other circumstances or facts. 1 Greenl. Ev. §13. When the conclusion of the existence of a prin cipal fact does not follow necessarily from the facts proved, but is deduced from them by proba ble inference, the evidence is said to be presump tive, and the inference drawn, a presumption. Best, Pres. § 11. Evidence of facts, admitting of explanation or contradiction, as distinguished from con clusive evidence. Burrill, Circ. Ev. 89. PRESUMPTIVE HEIR. One who, if the ancestor should die immediately, would, under existing circumstances of things, be his heir, but whose right of inheritance may be defeated by the contingency of some near er heir being born; as, a brother, who is the presumptive heir, may be defeated in the sue cession by the birth of a child to the ancestor 2 Bl. Comm. 208. PRESUMPTIVE TITLE. A barely presumptive title, which is of the very low est order, arises out of the mere occupation or simple possession of property, (jus posses sionis,) without any apparent right, or any pretense of right, to hold and continue such possession. PRET. In French law. Loan. A con tract by which one of the parties delivers an article to the other, to be used by the latter, on condition of his returning, after having used it, the same article in nature or an equivalent of the same species and quality, Du verger. PRET A INTEREST. In French law. Loan at interest. A contract by which oua

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