(law) The duty of a party in a legal proceeding to prove an assertion of fact; it includes both the burden of production and the burden of persuasion; the onus probandi.
In 1864, in a debate on a private member's bill for extending the suffrage, he declared that the burden of proof lay on those " who would exclude forty-nine fiftieths of the working-classes from the franchise."
Under the act of 1892 this shifting of the burden of proof only occurred if the circular had been sent to any person at any university, college, school or other place of education.
If not, the lord can follow him in fresh pursuit for four days; once these days past, the fugitive is maintained provisionally in possession of his liberty, and the lord has to bring an action de nativo habendo and has to assume the burden of proof.
It is -evident that the burden of proof would rest with those who held them to be by the same hand.
It acted on the principle that the titles of all private landed estate might be called in question, inasmuch as at some time or other it must have belonged to the Crown; and the burden of proof of ownership was held not to lie with the Crown which made the claim, but with the actual owner of the property.