But the Court shall also have regard to such facts as the following, in considering whether
such maxims do or do not apply to the particular case before it;
as to illustration (a).__a shopkeeper has in his till marked rupee soon after it was
stolen, and cannot account for its possession specifically, but is continually
receiving rupees in the course of his business ;
as to illustration (b).__A, person of the highest character, is tried for causing a
man's death by an act of negligence in arranging certain machinery, B, a person of
equally good character, who also took part in the arrangement, describes precisely
what was done, and admits and explains the common carelessness of A and
himself ;
as to illustration (b).__a, crime is committed by several persons. A, B and C, three
of the criminals, are captured on the shop and kept apart from each other. Each
gives an account of the crime implicating D, and the accounts corroborate each
other in such a manner as to render previous concert highly improbable;
as to illustration (c).__A. the drawer of a bill of exchange, was a man of business.
B; the acceptor, was a young and ignorant person, completely under A's influence;
as to illustration (d).__It is proved that a river ran in a certain course five years
ago, but it is known that there have been floods since that time which might
change its course ;
as to illustration (e).__a judicial act, the regularity of which is in question, was
performed under exceptional circumstances ;
as to illustration (f).__the question is, whether a letter was received. It is shown to
have been posted, but the usual course of the post was Interrupted by
disturbances;
as to illustration (g).__a man refuses to produce a document which would bear on
a contract of small importance on which he is sued, but which might also injure
the feelings and reputation of his family;
as to illustration (h).__a man refuses to answer a question which he is not
compelled by law to answer, but the answer to it might cause loss to him in
matters unconnected with the matter in relation to which it is asked ;
as to illustration (i).__ a bond is in possession of the obligor, but the
circumstances of the case are such that he may have stolen it.
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