Persons excused by law from taking, 215-217.

Declarations substituted for, in certain cases, 63, 224, 231.

Voluntary, prohibited by law, 63.

OFFENCES,

Division of, into Delicta facti transeuntis and Delicta facti perma-

nentis, 504, 583.

Caution required when of ancient date, 414.

OFFICE,

Presumptions from course of practice in, 472.

Public, 472.

Private, 472.

Copies, 564.

OFFICIAL,

Appointments, presumptions in favour of, 421, 422, 568.

Acts, presumptions in favour of, 421, 424.

Preappointed evidence, not sufficient attention paid to, &c., 157.
ONOMASTIC SIGNATURE, 295.

ONUS PROBANDI. See BURDEN OF PROOF.

OPINION OF WITNESSES,

Not in general receivable as evidence, 144, 587.

Exceptions,

Questions of science, skill, &c.-Evidence of "Experts," 590-
595.

Opinions founded on facts which cannot be brought before the
tribunal, 596, 597.

This rule known in former times, 144.

OPPORTUNITIES OF COMMITTING AN OFFENCE,

Presumption of guilt from, 518.

OPPRESSIVE CONDUCT,

Presumption against, 418.

ORDEAL,

Trial by, 38.

ORDERING WITNESSES OUT OF COURT, 243, 712.

ORDER OF BEGINNING, or, Ordo Incipiendi. See BEGINNING, ORDER OF.
ORDERS OF JUSTICES,

Presumptions in favour of, 424.

ORIGINAL EVIDENCE, 23.

Exaction of, a feature of English law, 108, 539.

OUSTER,

Presumption against, 418.

PARENT,

Presumption of gift from to child, 407, 467, 468.

PAROL,

Evidence,

In what sense inferior to written, 280-284.
No degrees of, 107.

Contract, 282.

PARTIES, to suit or proceeding,

Formerly incompetent witnesses, 217.

Exceptions, 218-224.

Statutory exceptions, 224, 225.

In what cases incompetency still retained, 225.

PERSONAL,

Knowledge, tribunals must not act on, 32, 108.
Evidence, 23.

Injury, married woman competent witness against her husband in, 227.
PETTY JUROR. See JUROR.

POSSESSION,

Presumptions from, 42, 395, 428-463.

Of stolen property, presumption of guilt from, 265–270.
Proof of ancient, 576.

PRACTICE, FORENSIC, respecting evidence,

Rules of, less inflexible than the rules of evidence, 105, 148, 705.
Course of a trial, 705–712.

Principal incidents of, connected with evidence, 712.

Ordering witnesses out of Court, 243, 712, 713.

Order of beginning, 713-718.

Practice respecting "Leading Questions," 718-721.

PRACTICE, FORENSIC―(continued.)

Discrediting adversary's witnesses, 721-724.

When a party may discredit his own witnesses, 724-726.

Proof of documents, 726-729.

Inspection of documents in the custody, or under the control, of

the opposite party, 152, 729-731.

Ways of questioning the ruling of a court or judge on matters of
evidence, 731-733.

Rules of, known to our ancient lawyers, 144, 145.
PREAPPOINTED or PRECONSTITUTED EVIDENCE,

What, 25, 26, 68, 187.

Prescribed forms for, 63-66.

Consequence of non-observance of, 66.

In English law sufficient attention not paid to official, 157.
PREPARATIONS FOR THE COMMISSION OF AN OFFENCE.

Presumption of guilt from, 519.

PRESCRIPTION,

Found in the laws of most countries, 42.

In English law, 429–438, 444.

Evidence of, from modern user, 432, 444.

PRESUMPTION,

Original and proper sense of, 372.

Secondary sense of, in jurisprudence, 39, 373, 374.

Necessity for legal presumptions, 39, 378.

Popular signification, 375.

Sometimes found in jurisprudence in this sense, 375.

Kinds of, 377, 378.

Presumptions, or intendments, of law-præsumptiones seu posi-
tiones juris, 41, 377, 378-388.

Kinds of, 41, 380.

Irrebuttable, or conclusive-præsumptiones juris et de
jure, 41, 380.

Fictions of law, 382-387.

Rebuttable, or inconclusive - præsumptiones juris, or
præsumptiones juris tantùm, 41, 380, 387.

Presumptions of fact-præsumptiones hominis, 377, 388–402.
Grounds and sources of, 388-390.

Probative force of, 391-397.

Classification of, into violent, probable, and light or rash,
390.

Objections, 391.

Illustration, 392.

Division of, with reference to their effect on the burden
of proof, 392.

Slight presumptions, 392, 393.

Strong presumptions, 392, 395.

Mixed presumptions-Presumptions of mixed law and fact—Pre-
sumptions of fact recognized by law, 378, 397–402.

PRESUMPTION—(continued.)

Direction to juries respecting presumptions of fact and mixed pre-
sumptions, 400.

New trials for disregard by juries of presumptions of fact, or of

mixed law and fact, 401.

Abuse of artificial presumptions, 44, 398.
Conflicting presumptions, 403.

How arising, 403.

Rules respecting, 404.

Special presumptions take precedence of general ones,
404.

Presumptions derived from the course of nature are
stronger than casual presumptions, 406.

Presumptions are favoured which give validity to acts,
407.

The presumption of innocence is favoured in law, 408.
Presumptions of law and fact usually met in practice, 411--497.
(These will be found under their respective titles.)
Presumptions in criminal law, 497–502.

Generally, 498.

Criminal intent presumed from certain acts, 498.

transferred from one act to another, 500.

Presumption of higher degree of guilt, 500.

Statutory presumptions in criminal law, 500.

Presumptions for the protection of accused persons, 502.

PRESUMPTIVE EVIDENCE,

Original signification, 6, 23.

Secondary sense in jurisprudence, 23, 365.

A species of circumstantial evidence, 22, 365.

Equally admissible with direct evidence, 365, 502.

Comparison between and direct evidence, 367-370.

Probative force of a chain of, 370.

Not excluded by rule requiring primary evidence, 366, 569.
Necessity for resorting to, more frequent in criminal cases than in
civil, 502.

PRESUMPTIVE EVIDENCE in criminal cases,

Rules of, 503-517.

1. There must be clear and unequivocal proof of the corpus delicti,

503-515.

2. The hypothesis of guilt should be consistent with all the facts
proved, 515, 516.

Usual forms of inculpatory, 517-532.

Reducible to three general heads, 517.

Real evidence, 517.

Evidence derived from the antecedent conduct or position of
the accused, 517.

Evidence derived from the subsequent conduct of the accused,