§ 1771. It can be delivered only, 1. To the testator in person: 2. Upon his written order, proved by a subscribing witness: or, 3. After his death, to the person named in the endorsement, if any, or if he be dead, to the person entitled to the papers of the testator: or, 4. If not so delivered, the surrogate must publicly open and examine it, make known its contents, and file it in his office, to remain there until proved, if capable of proof, and then to be delivered to the person entitled to its custody, or until required by the authority of a competent court to be produced therein. 1772. The record of a conveyance of real property, or other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a court, or when temporarily removed by the clerk, having it in custody, to the court of which he is clerk, or to courts held in the city or village, where his office is situated. CHAPTER IV. MATERIAL OBJECTS PRESENTED TO THE SENSES OTHER THAN WRITINGS. § 1773. Whenever an object, cognizable by the senses, has such a relation to the fact in dispute, as to afford reasonable grounds of belief respecting it, or to make an item in the sum of the evidence, such object may be exhibited to the jury, or its existence, situation and character may be proved by witnesses. The admission of such evidence must be regulated by the sound discretion of the court. CHAPTER V. INDIRECT EVIDENCE; INFERENCES AND PRESUMPTIONS. SECTION 1774. Indirect evidence classified. 1775. Inference defined. 1776. Presumption defined. 1777. When an inference arises. 1778. Presumptions may be controverted, when. 1779. Specification of conclusive presumptions. § 1774. Indirect evidence is of two kinds : 1. Inferences: and, 2. Presumptions. § 1775. An inference is a deduction, which the reason of the jury makes from the facts proved, without an express direction of law to that effect. § 1776. A presumption is a deduction which the law. expressly directs to be made from particular facts. § 1777. An inference must be founded: 1. On a fact legally proved: and, 2. On such a deduction from that fact as is warranted by a consideration of the usual propensities or passions of men, the particular propensities or passions of the person whose act is in question, the course of business, or the course of nature. § 1778. A presumption, (unless declared by law to be conclusive,) may be controverted by other evidence, direct or indirect; but unless so controverted, the jury are bound to find according to the presumption. § 1779. The following presumptions and no others, are deemed conclusive: 1. An intent to murder, from the deliberate use of a deadly weapon, causing death within a year. 2. A malicious and guilty intent from the deliberate commission of an unlawful act, for the purpose of injuring another. 3. The truth of the facts recited from the recital in a written instrument, between the parties thereto, or their successors in interest, by a subsequent title, but this rule does not apply to the recital of consideration: 4. Whenever a party has, by his own declaration, act or omission, intentionally, and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it: 5. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation: 6. The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate: 7. The judgment or order of a court, when declared by this code to be conclusive: but such judgment or order must be alleged in the pleadings, if there be an opportunity to do so; if there be no such opportunity, the judgment or order may be used as evidence: 8. Any other presumption, which by statute, is expressly made conclusive. § 1780. 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 con cerns: 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 instalments have been paid when a receipt for later 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 this state, or any other state or country, was acting in the lawful exercise of his jurisdiction: |