Illustrations
(a) When a person does an act with some intention other than that which the character and
circumstances of the act suggest, the burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The burden of proving that he
had a ticket is on him. .
123. Burden of proving death of person known to have been alive within thirty years. Subject
to Article 124, when the question is whether a man is alive or dead, and it is shown that he was alive
within thirty years, the burden of proving that he is dead is on the person who affirms it.
124. Burden of proving that person is alive who has not been heard of for seven years. When
the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven
years by those who would naturally have heard of him if he had been alive, the burden of proving that
he is alive is shifted to the person who affirms it.
125. Burden of proof as to relationship in the cases of partners, landlord and tenant,
principal and agent. When the question is whether persons are partners landlord and tenant, or
principal and agent, and it has been shown that they have been acting as such, the burden of proving
that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on
the person who affirms it.
126. Burden of proof as to ownership. When the question is whether any person is owner of
anything of which he is shown to be in possession, the burden of proving that he is not the owner is
on the person who affirms that he is not the owner.
127. Proof of good faith in transactions where one party is in relation of active
confidence. When there is a question as to the good faith of a transaction between parties, one of
whom stands to the other in a position of active confidence, the burden of proving the good faith of
the transaction is on the party who is in a position of active confidence.
Illustrations
(a) The good faith of a sale by a client to an advocate is in question in a suit brought by the
client. The burden of proving the good faith of the transaction is on the advocate.
(b) The good faith of a sale by a son just come of age to a father is in question in a suit
brought by the son. The burden of proving the good faith of the transaction is on the
father.
128. Birth during marriage conclusive proof of legitimacy.__ (1) The fact that any person
was born during the continuance of a valid marriage between his mother and any man and not earlier
than the expiration of six lunar months from the date of the marriage, or within two years after its
dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child
of that man, unless—
Page 56 of 68