§ 3222. Disputable presumptions

All presumptions, other than those provided for by section 3221 of this title, 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 s 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 the Canal Zone or a 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 jury 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 indorsed for a sufficient consideration;

(22) that an indorsement 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 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 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 a lawful contract of marriage; (31) that a child born in lawful wedlock 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 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 those

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 that presumption is necessary to perfect the title of such person or his successor in interest; and

(38) that there was a good and sufficient consideration for a written contract.

Subchapter VII-Particular Cases; Statute of Frauds

83251. Offer equivalent to tender

An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property.

§ 3252. Right to receipt for payment or delivery

Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.

§ 3253. Objections to tender must be specified

The person to whom a tender is made shall, at the time, specify any objection he may have to the money, instrument, or property, or he is deemed to have waived it. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property, he shall specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards.

§ 3254. Compromise offer

An offer of compromise is not an admission that anything is due. § 3255. Statute of frauds; transfer of real property

An estate or interest in real property, other than for leases for a term not exceeding one year, or a trust or power over or concerning it, or in any manner relating thereto, may not 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.

§ 3256. Same; wills, trusts, and specific performance

Section 3255 of this title does not affect the power of a testator in the disposition of his real property by a last will and testament, nor prevent a trust from arising or being extinguished by implication or operation of law, nor abridge the power of a court to compel the specific performance of an agreement, in case of part performance thereof.

§ 3257. Same; contracts

The following contracts are invalid, unless they, or some note or memorandum thereof, is in writing and subscribed by the party to be charged, or by his agent. Evidence, therefore, of the agreement, may not 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;

(2) a special promise to answer for the debt, default, or miscarriage of another, except in the case provided for by section 3714 of Title 4;

(3) an agreement made upon consideration of marriage;

(4) an agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such an 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 property, or to make provision for a person by will. § 3258. Same; representation of credit

Evidence is not admissible to charge a person upon a representation as to the credit of a third person, unless the representation, or a memorandum thereof, is in writing, and either subscribed by or in the handwriting of the party to be charged.

2. Scope of term "person" when used regarding protection of property.

SUBCHAPTER II-TYPES OF CRIMES OR OFFENSES

21. Definition of crime or public offense.

22. Union of act and intent or negligence; manifestations and presumptions as to intent.

23. Classification of offenses.

SUBCHAPTER III-PARTIES TO CRIMES

41. Principals; pleading.

42. Conviction of testimony of accomplice; accomplice defined. 43. Accessory after the fact; punishment.

44. Misprision of felony.

45. Persons capable of committing crimes.

46. Omission to perform act performed by another.

47. Intoxicated persons; consideration in determining intent.

SUBCHAPTER IV-RESISTANCE TO COMMISSION OF CRIME

71. Resistance by party about to be injured.

72. Person aiding another about to be injured.

73. Extent of right of self-defense.

SUBCHAPTER V-SENTENCE AND PUNISHMENT

Article A-General Provisions

91. Persons subject to prosecution and punishment.

92. Penalties where penalties not otherwise prescribed.

93. Offense made punishable in different ways; double jeopardy.

94. Duty to determine and impose punishment.

95. Punishment within limits prescribed.

96. Punishment where only minimum term prescribed.

Article B-Subsequent Offenses; Habitual Criminals

111. Punishment for offenses committed after conviction of prior penitentiary offense.

112. Punishment for petit larceny or attempts to commit offenses, after prior conviction of petit larceny.

113. Punishment of habitual criminals.

114. Effect of pardon.

SUBCHAPTER VI-MISCELLANEOUS PROVISIONS

131. Arrest only for crimes declared in Code; exceptions. 132. Civil liability for offenses; effect of this title.

133. Forfeiture of property upon conviction.

134. Forfeiture of public office upon conviction.

135. Evaluation of property in determining grade of offense. 136. Preservation of powers of courts-martial and others.

137. Offenses involving sending of letters.