Page:Black's Law Dictionary (Second Edition).djvu/943

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PRESIDENT

main direction and administration of their concerns. Roe v. Bank of Versallies. 167 M0. -100. 67 S. W. 303.

The chief executive magistrate of a state or nation. particularly under a democratic form of government; or of a province, col- ony, or dependency.

In English law. A title formerly given to ihe king's lieutenant in a province; as the president of Wales. Cowell.

This word is also on old though corrupted form of “precedent," (q. a:.,) used both as a French and English word. Le president est rare. Dyer, 136. -President of the council. In English law. A grant oliicer of state; 11 member of the cab-

et. He attends on the sovereign, proposes bu-‘Incas at the council-table, and reports to the sow cirn the transactions there. 1 Bl. Comm. 2'l0.—President of the ‘United States. The oliirial title of the chief executive oiiicer of the federal government in the United States.

PRESIDENTIAL ELECTORS. A body of electors chosen in the different states, whose sole duty it is to elect a president and vice-president of the United States. Each state appoints, In such manner as the legislature thereof may direct, a number of elect- ors equal to the whole number of senators and representatives to which the state is entitled in congress. Const. U. S. art. 2, 5 1.

PRESS. In old practice. A piece or skin of parchment, several of which used to be served together in making up a roll or record of proceedings. See 1 Bl. Comm. 183; Tnwnsh. Pi. 486.

llletaphorloally, the aggregate of publicatlnns issuing from the press, or the giving publicity to one's sentiments and opinions through the medium of piiuting; as in the phrase “liherty of the pres."

PRESSING SEAMEN. KENT

See bananas-

PRESSIN G TO DEATH. For-rs or Dunn.

See Pnurn

PREST. In old English law. A duty in money to be paid by the sherifl upon his account in the exchequer, or for money left or remaining in his hands. Cowell.

P R E S ‘I‘—MONEY. A payment which binds those who receive it to be ready at all times appointed, helng meant especially of soldiers. Cowell.

PRESTATION. In Old English law. A payment or performance; the rendering of A service.

PRESTATION-MONEY. A sum of money paid by archdeacons yearly to their bishop; also purveyance. Cowell.

PRESTIMONY, or PEESTIMONIA. In canon law. A fund or revenue appropri-

935

PRESUMPTION

ated by the founder for the subsistence of a priest, without being erected into any title or benefice, chapel, prehend, or priory. It is not subject to the ordinary; but of it the patron, and those who have a right from him. are the colintors. Wharton.

PRESUMPTIO. EUMPTION.

See Pnaazstmrrxo; Pan-

PRESIIMPTION. An inference affirmative or disafifirmative of the truth or false- hood of any proposition or fact drawn by a process of probable reasoning in the nhsence of actual certainty of its truth or falsehood. or until such certainty can be ascertained. Best, Pres. 5 3.

A rule of law that courts and judges shall draw a particular inference from a particu- lar fact, or from particular evidence, unless and until the truth of such inference is disproved. Steph. Ev. 4. And see Lane v. Missouri Pac. Ry (‘o., 132 Mo. 4, 33 S. W. 645; State v. Tibhetts, 35 llie. 81; Newton v. State. 21 Fla. 9S; Ulrich v. Ulrich. 136 N. Y. 120. 32 N. E. 606. 18 L. R. A. 37: U. S. v. Sykes (D. C.) 58 Fed. 1000; Suedilrer V. Everingham, 27 N. J. Law, 153; Cronan v. New Orleans. 16 La. Ann. 37-}; U. S. v. Searcey (D. C.) 26 Fed. 437; Donne v. Glenn, 1 C010. 495.

A presumption is a deduction which the iaw expresslv rlirer-ts to be made from pailicular facts. (‘onle Civ. Proc. Cal. § 1959.

Presumptions are couscqucuccs which the law or the judge draws from a iinoun fact to a fact unknown. Civ. Corie La. art. 223-l.

An inference atlirmative or rlisuffirmative of the existence of a. disputed fact. dnwn I-y a ju- dicial trihunal, by a process of probable reason ing. from some one or more matters of fact. either admitted in the cause or othnrxuse satisfactorily esiahlishcd. Best, Pres. 5 12.

A prr-sumption is an inference as to the existence of a fact not known, arising from its conncction with the facts that are known, and founded upon a knowledge of human nature and the motives which are lmown to influour-r~ hu- man conduct. Jackson v. W'arford, 7 Wend. (N. Y.) 62.

Glassi.flcation.—Pr-esumptious are either presumption: of [am or presumptions of fact. “A presumption of law is a juridical postulate that a particular predicate is universally assignable to a particular suhject. A presumption of fact is a logical ar_zument from a fact to a fact; or. as the distinction is sometimes put. it Is an argument which infers a fact otherwise douht- ful from a fact which is pron-rl." 2 W“hart. Ev. § 1226. See Code Ga. 27.72. Ami see Home ins. Co. v. Weldc. a ‘Vail. 43.9. 20 In

- ' Podnlslii v. Stone, 1-96 Ill. 540, 58 40: Mclntvre v. Aim: Min. (‘r,>.. 20 60 Pnc. 552; U. S. v. Svkcs (I7. C) 00; Sun Mut. Ins. Co. v. Ocean ins.

. S. 4S5. 1 Sup. Ct. 58?. 2'? L Ed

Lyon v. Guild. 5 Fleisk (Tnnn.) 182: Com. v. I-‘rew, 3 Pa. Co. Ct. R. 496.

l’m.mmption.9 of law are rules which. in certain cases, either forbid or dispense with any ul- terior inqniry. 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.

Prr.ru.mptiam of fact are inferences as to the

existence of some fact drawn from the existence