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Bouvier's Law Dictionary, Revised 6th Edition (1856)

PRESUMPTION, evidence. An inference as to the existence of one fact, from
the existence of some other fact, founded on a previous experience of their
connexion. 3 Stark. Ev. 1234; 1 Phil. Ev. 116; Gilb. Ev. 142; Poth. Tr. des.
Ob. part. 4, c. 3, s. 2, n. 840. Or it, is an opinion, which circumstances,
give rise to, relative to a matter of fact, which they are supposed to
attend. Menthuel sur les Conventions, liv. 1, tit. 5.
2. To constitute such a presumption, a previous experience of the
connexion between the known and inferred facts is essential, of such a
nature that as soon as the existence of the one is established, admitted or
assumed, an inference as to the existence of the other arises, independently
of any reasoning upon the subject. It follows that an inference may be
certain or not certain, but merely, probable, and therefore capable of being
rebutted by contrary proof.
3. In general a presumption is more or less strong according as the
fact presumed is a necessary, usual or infrequent consequence of the fact or
facts seen, known, or proven. When the fact inferred is the necessary
consequence of the fact or facts known, the presumption amounts to a proof
when it is the usual, but not invariable consequence, the presumption is
weak; but when it is sometimes, although rarely,the consequence of the fact
or facts known, the presumption is of no weight. Menthuel sur les
Conventions, tit. 5. See Domat, liv. 9, tit. 6 Dig. de probationibus et
praesumptionibus.
4. Presumptions are either legal and artificial, or natural.
5.-1. Legal or artificial presumptions are such as derive from the law
a technical or artificial, operation and effect, beyond their mere natural.
tendency to produce belief, and operate uniformly, without applying the
process of reasoning on which they are founded, to the circumstances of the
particular case. For instance, at the expiration of twenty years, without
payment of interest on a bond, or other acknowledgment of its existence,
satisfaction is to be presumed; but if a single day less than twenty years
has elapsed, the presumption of satisfaction from mere lapse of time, does
not arise; this is evidently an artificial and arbitrary distinction. 4
Greenl. 270; 10 John. R. 338; 9 Cowen, R. 653; 2 McCord, R. 439; 4 Burr.
1963; Lofft, 320; 1 T. R. 271; 6 East, R. 215; 1 Campb. R. 29. An example of
another nature is given under this head by the civilians. If a mother and
her infant at the breast perish in the same conflagration, the law presumes
that the mother survived, and that the infant perished first, on account of
its weakness, and on this ground the succession belongs to the heirs of the
mother. See Death, 9 to 14.
6. Legal presumptions are of two kinds: first, such as are made by the
law itself, or presumptions of mere law; secondly, such as are to be made by
a jury, or presumptions of law and fact.
7.-1st. Presumptions of mere law, are either absolute and conclusive;
as, for instance, the presumption of law that a bond or other specialty was
executed upon a good consideration, cannot be rebutted by evidence, so long
as the instrument is not impeached for fraud; 4 Burr. 2225; or they are not
absolute, and may be rebutted evidence; for example, the law presumes that a
bill of exchange was accepted on a good consideration, but that presumption
may be rebutted by proof to the contrary.
8.-2d. Presumptions of law and fact are such artificial presumptions as
are recognized and warranted by the law as the proper inferences to be made
by juries under particular circumstances; for instance, au unqualified
refusal to deliver up the goods on demand made by the owner, does not fall
within any definition of a conversion, but inasmuch as the detention is
attended with all the evils of a conversion to the owner, the law makes it,
in its effects and consequences, equivalent to a conversion, by directing or
advising the jury to infer a conversion from the facts of demand and
refusal.
9.-2. Natural presumptions depend upon their own form and efficacy in
generating belief or conviction on the mind, as derived from these
connexions which are pointed out by experience; they are wholly independent
of any artificial connexions and relations, and differ from mere
presumptions of law in this essential respect, that those depend, or rather
are a branch of the particular system of jurisprudence to which they belong;
but mere natural presumptions are derived wholly by means of the common
experience of mankind, from the course of nature and the ordinary habits of
society.
Vide, generally, Stark. Ev. h.t.; 1 Phil. Ev. 116; Civ. Code of Lo.
2263 to 2267; 17 Vin. Ab. 567; 12 Id. 124; 1 Supp. to Ves. jr. 37, 188, 489;
2 Id. 51, 223, 442; Bac. Ab. Evidence, H; Arch. Civ. Pl. 384; Toull. Dr.
Civ. Fr. liv. 3, t. 3, o. 4, s. 3; Poth. Tr. des Obl. part 4, c. 3, s. 2;
Matt. on Pres.; Gresl. Eq. Ev. pt. 3, c. 4, 363; 2 Poth. Ob. by Evans, 340;
3 Bouv. Inst. n. 3058, et seq.

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