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§ 1963. All other presumptions may be controverted. All other presumptions are satisfactory if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind:

1. That a person is innocent of crime or wrong;

2. That an unlawful act was done with an unlawful intent; 3. That a person intends the ordinary consequence of his voluntary act;

4. That a person takes ordinary care of his own concerns; 5. That evidence wilfully suppressed would be adverse if produced;

6. That higher evidence would be adverse from inferior being produced;

7. That money paid by one to another was due to the latter; 8. That a thing delivered by one to another belonged to the latter;

9. That an obligation delivered up to the debtor has been paid;

10. That former rent or installments have been paid when a receipt for latter is produced;

11. That things which a person possesses are owned by him; 12. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership;

13. That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly;

14. That a person acting in a public office was regularly appointed to it;

15. That official duty has been regularly performed;

16. That a court or judge, acting as such, whether in Guam or any state or country, was acting in the lawful exercise of his jurisdiction;

17. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties;

18. That all matters within an issue were laid before the judges and passed upon by them;

19. That private transactions have been fair and regular; 20. That the ordinary course of business has been followed; 21. That a promissory note or bill of exchange was given or endorsed for a sufficient consideration;

22. That an endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill;

23. That a writing is truly dated;

24. That a letter duly directed and mailed was received in the regular course of the mail;

25. Identity of person from identity of name;

26. That a person not heard from in seven (7) years is dead; 27. That acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact;

28. That things have happened according to the ordinary course of nature and the ordinary habits of life;

29. That persons acting as copartners have entered into a contract of copartnership;

30. That a man and woman deporting themselves as husband and wife have entered into lawful contract of marriage;

31. That a child born in lawful wedlock, there being no divorce from bed and board, is legitimate;

32. That a thing once proved to exist continues as long as is usual with things of that nature;

33. That the law has been obeyed;

34. That a document or writing more than thirty (30) years old is genuine, when the same has been since generally acted upon as genuine, by persons having an interest in the question, and its custody has been satisfactorily explained;

35. That a printed and published book, purporting to be printed or published by public authority, was so printed or published;

36. That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published, contains correct reports of such cases;

37. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest;

38. The uninterrupted use by the public of land for a burial ground, for five (5) years, with the consent of the owner, and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose;

39. That there was a good and sufficient consideration for a written contract. [Enacted 1953.]

§ 1967. § 1968. § 1969.

§ 1970.

§ 1971.

§ 1972.

§ 1973. § 1973a.

§ 1974.


Indispensable Evidence

Indispensable evidence, what.

To prove perjury and treason, more than one witness required.
Wills to be written.

Will, how revoked.

Transfer of real property to be in writing.

Last section not to extend to certain cases.

Agreements, when must be in writing.
Contract, sale of goods, evidence of.
Representation of credit by writing.

§ 1967. Indispensable evidence, what. The law makes certain evidence necessary to the validity of particular acts, or the proof of particular facts. [Enacted 1953.]

§ 1968. To prove perjury and treason, more than one witness required. Perjury and treason must be proved by testimony of more than one witness; treason, by the testimony of two witnesses to the same overt act; and perjury by the testimony of two witnesses, or one witness and corroborating circumstances. [Enacted 1953.]

§ 1969. Wills to be written. A last will and testament, except a nuncupative will, is invalid, unless it be in writing and executed with such formalities as are required by law. When, therefore, such a will is to be shown, the instrument itself must be produced, or secondary evidence of its contents be given. [Enacted 1953.]

§ 1970. Will, how revoked. A written will cannot be revoked or altered otherwise than as provided in the Civil Code or Probate Code. [Enacted 1953.]

§ 1971. Transfer of real property to be in writing. No estate or interest in real property, other than for leases for a term not exceeding one (1) year, nor any trust or power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing. [Enacted 1953.] [See Cruz Flores v. Duenas (1963) 318 F.2d. 87.]

§ 1972. Last section not to extend to certain cases. The preceding section must not be construed to affect the power of a testator in the disposition of his real property by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law, nor to abridge the power of any court to compel the specific performance of an agreement, in case of part performance thereof. [Enacted 1953.] [Specific performance: see Atoigue Gogo v. Cruz Ada (1955) 128 F. Supp. 92.]

§ 1973. Agreements, when must be in writing. In the following cases the agreement is invalid, unless the same or some note of memorandum thereof be in writing, and subscribed by the party charged, or by his agent. Evidence, therefore, of the agreement, cannot be received without the writing or secondary evidence of its contents:

1. An agreement that by its terms is not to be performed within a year from the making thereof; [See Jones and Guerrero Co. v. Smith (1961) 292 F.2d. 815.]

2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in § 2794 of the Civil Code;

3. An agreement made upon consideration of marriage other than a mutual promise to marry;

4. An agreement for the leasing for a longer period than one (1) year, or for the sale of real property, or of an interest therein; and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged;

5. An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission;

6. An agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath any property, or to make any provision for any person by will. [Enacted 1953.]

§ 1973a. Contract, sale of goods, evidence of. 1. A contract to sell or a sale of any goods or choses in action of the value of five hundred dollars ($500.00) or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receives the same, or gives something in earnest to bind the contract, or in part payment, or unless some note or memo

randum in writing of the contract or sale be signed by the party to be charged, or his agent in that behalf.

2. The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at some future time, or may not, at the time of such contract or sale, be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply.

3. There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods. [Enacted 1953.]

§ 1974. Representation of credit by writing. No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and either subscribed by or in the handwriting of the party to be charged. [Enacted 1953.]


Conclusive or Unanswerable Evidence

§ 1978. Conclusive or unanswerable evidence.

§ 1978. Conclusive or unanswerable evidence. No evidence is by law made conclusive or unanswerable, unless so declared by this Code. [Enacted 1953.]

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