2ND EDIT. REVISED STATUTES 1906 REMARKS no seal, or so certifies, such evidence may be made by a copy purporting to be certified under the signature of a judge or presiding magistrate of such court or of such justice or coroner without any proof of the authenticity of such signature or other proof whatsoever. Slightly altered, as here set forth. Sec. 12. Sec. 24. Copies of Official documents of Canada, or of a province or of a municipality.-In every case in which the original record could be received in evidence, (a) a copy of any official or public document of Canada or of any province, purporting to be certified under the hand of the proper officer or person in whose custody such official or public document is placed; or, (b) a copy of a document, by-law, rule, regulation or proceeding, or a copy of any entry in any register or other book of any municipal or other corporation, created by charter or statute of Canada or of any province, purporting to be certified under the seal of the corporation, and the hand. of the presiding officer, clerk or secretary thereof, shall be receivable in evidence without proof of the seal of the corporation, or of the signature or of the official character of the person or persons appearing to have signed the same, and without further proof thereof. Altered, in arrangement, only. Sec. 13. Sec. 25. Copies of or extracts from books and documents of a public nature. Unchanged. Sec. 17. Sec. 26. Copies of entries in Canadian Government Unchanged. books. Sec. 18. Sec. 27. Certified copies of notarial acts in Quebec. Unchanged. Sec. 19. Sec. 28. Notice to adverse party of intended production of a copy of a book or document.-No copy of any book or other document shall be received in evidence, under the authority of any of the last five preceding sections, upon any trial, unless the party intending to produce 2ND EDIT. REVISED STATUTES 1906 REMARKS the same has before the trial given to the party against whom it is intended to be produced reasonable notice of such intention. 2. The reasonableness of the notice shall be determined by the court or judge, but the notice shall not in any case be less than ten Meaning unchanged. days. This section does not apply on a criminal trial to proof of births, deaths, and marriages by extracts from the registers of acts of civil status in the Province of Quebec. (36) Sec. 15. Sec. 29. Order signed by Secretary of State. Sec. 16. Unchanged. Sec. 30. Copies of documents printed in Canada Gazette. Unchanged. Sec. 31. Proof of handwriting of person certifying not required. Unchanged. Sec. 32. Proof of attested instrument.-It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite. 2. Such instrument may be proved by admission or otherwise as if there had been no attesting witness thereto. (37) Sec. 33. Impounding forged instrument admitted in evidence. Whenever any instrument which has been forged, or fraudulently altered is admitted in evidence, the court or the judge or person who admits the instrument may, at the request of any person against whom it is admitted in evidence, direct that the instrument shall be impounded and be kept in the custody of some officer of the court or other proper person for such period and subject to such conditions, as to the court, judge or person admitting the instrument seems meet. (38) Sec. 20. Sec. 34. Construction of this Act. PROVINCIAL LAWS OF EVIDENCE. Unchanged. Sec, 21. Sec. 35. How applicable. Unchanged. STATUTORY DECLARATIONS. Sec. 26. Sec. 36. Solemn declaration. Any judge, notary pub lic, justice of the peace, police or stipendiary (36) R. v. Long, 5 Can. Cr. Cas., 493. (37) Taken from sec. 696 of the old Criminal Code. (38) Taken from sec. 720 of the old Criminal Code. 2ND EDIT. REVISED STATUTES 1906 REMARKS magistrate, recorder, mayor or commissioner authorized to take affidavits to be used either in the provincial or dominion courts, or any other functionary authorized by law to administer an oath in any matter, may receive the solemn declaration of any person voluntarily making the same before him, in the form following, in attestation of the execution of any writing, deed or instrument, or of the truth of any fact or of any account rendered in writing: I, A. B., do solemnly declare that (state the fact or facts declared to), and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of The Canada Evidence Act. Sec. 27. Sec. 37. Affidavits, etc., may be made before a commis sioner. PART II. APPLICATION. Meaning unchanged. Sec. 38. This Part applies to the taking of evidence relating to proceedings in courts. out of Canada. INTERPRETATION. Added. Sec. 39. Definitions. In this Part, unless the context otherwise requires, (a) 'court' means and includes the Supreme Court of Canada, and any superior court in any province of Canada; (b) judge' means and includes any judge of the Supreme Court of Canada and any judge of any superior court in any province of Canada; (c) 'cause' includes a proceeding against a criminal; (d) 'oath' includes affirmation in cases in 2ND EDIT. REVISED STATUTES 1966 REMARKS which by the law of Canada, or of the province, as the case may be, an affirmation is allowed instead of an oath. Added Sec. 40. Construction.-This Part shall not be so construed as to interfere with the right of legislation of the Legislature of any province requisite or desirable for the carrying out of the objects hereof. PROCEDURE. Added. Sec. 41. Order for examination in Canada of a witness in relation to a suit in any other of His Majesty's dominions or in any foreign country. -Whenever, upon an application for that purpose, it is made to appear to any court or judge, that any court or tribunal of competent jurisdiction, in any other of His Majesty's dominions, or in any foreign country, before which any civil, commercial or criminal matter is pending, is desirous of obtaining the testimony in relation to such matter, of any party or witness within the jurisdiction of such first mentioned court, or of the court to which such judge belongs, or of such judge, such court or judge may, in its or his discretion, order the examination upon oath upon interrogatories, or otherwise, before any person or persons named in such order, of such party or witness accordingly, and by the same or any subsequent order may command the attendance of such party or witness for the purpose of being examined, and for the production of any writings or other documents mentioned in such order, and of any other writings or documents relating to the matter in question that are in the possession or power of such party. or witness. Added. Sec. 42. Enforcement of order.-Upon the service upon such party or witness of such order, and of an appointment of a time and place for the examination of such party or witness signed by the person named in such order for taking the same, or, if more than one person is named, then by one of the persons named, and 2ND EDIT. REVISED STATUTES 1906 REMARKS upon payment or tender of the like conduct money as is properly payable upon attendance at a trial, such order may be enforced in like manner as an order made by such court or judge in a cause depending in such court or before such judge. Added. Sec. 43. Every person whose attendance is required in manner aforesaid shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial. Added. Sec. 44. Upon any examination of parties or witnesses, under the authority of any order made in pursuance of this Part, the oath shall be administered by the person authorized to take the examination, or, if more than one, then by one of such persons. Added. Sec. 45. Any person examined under any order made under this Part shall have the dike right to refuse to answer questions tending to criminate himself, or other questions, as a party or witness, as the case may be, would have in any cause pending in the court by which, or by a judge whereof, such order is made. 2. No person shall be compelled to produce, under any such order, any writing or other document that he could not be compelled to Added. produce at a trial of such a cause. Sec. 46. Court may make rules for carrying this Part into effect. The court may frame rules and orders in relation to procedure, to the evidence to be produced in support of the application for an order for examination of parties and witnesses under this Part, and generally for carrying this Part into effect. 2. In the absence of any order in relation to such evidence, letters rogatory from any court of justice in any other of the dominions of His Majesty, or from any foreign tribunal, in which such civil, commercial or criminal matter is pending, shall be deemed and taken to be sufficient evidence in support of such application. Added. |