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(c.) By the production, in the case of any proclamation, Copy or extract certified order, regulation or appointment made or issued by the Govby proper ernor General or by the Governor in Council, of a copy or authority. extract purporting to be certified to be true by the clerk, or assistant or acting clerk of the Queen's Privy Council for Canada, and in the case of any order, regulation or appointment made or issued by or under the authority of any such Minister or head of a department, by the production of a copy or extract purporting to be certified as true by the Minister, or by his deputy or acting deputy, or by the secretary or acting secretary of the department over which he presides. 44 V., c. 25, s. 90, part, and s. 91, and c. 28, s. 1.

proclama

Governor, &c.

4. Prima facie evidence of any proclamation, order, regula- Prima facie tion or appointment made or issued by a Lieutenant Governor evidence of or Lieutenant Governor in Council of any Province, or by or tions, &c., of under the authority of any member of the Executive Council, Lieutenant being the head of any department of the Government of the Province, may be given in all courts of justice established by the Parliament of Canada and in all legal proceedings whatsoever, civil or criminal, over which the Parliament of Canada has legislative authority, in all or any of the modes hereinafter mentioned, that is to say :

Gazette.

(a.) By the production of a copy of the official Gazette for Official the Province, purporting to contain a notice of such proclamation, order, regulation or appointment;

by Govern

(b.) By the production of a copy of such proclamation, order, Copy printed regulation or appointment, purporting to be printed by the ment Printer. Government Printer for the Province;

tract certified

(c.) By the production of a copy or extract of such proclam- Copy or exation, order, regulation or appointment, certified to be true by the by the proper clerk or assistant or acting clerk of the Executive Council, or by authority. the head of any department of a Provincial Government, or by his deputy or acting deputy, as the case may be. 44 V., c. 28, s. 2.

writing, &c.,

5. No proof shall be required of the handwriting or official Proof of handposition of any person certifying, in pursuance of this Act, to not requisite. the truth of any copy of or extract from any proclamation, [31-32 V., c. order, regulation or appointment; and any such copy or ex- 37, s. 2.] tract may be in print or in writing, or partly in print and partly in writing. 44 V., c. 28, s. 3.

6. Any order in writing, signed by the Secretary of State Order signed of Canada, and purporting to be written by command of the by Secretary Governor General, shall be received in evidence as the order of the Governor General. 41 V., c. 7, s. 6, part.

notices, &c.,

7. All copies of official and other notices, advertisements Copies of and documents, printed in the Canada Gazette shall be primâ carn de facie evidence of the originals, and of the contents thereof. 32- Gazette. 33 V., c. 7, s. 4.

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Copies of entries in books of Govern

ments to be

evidence on

proof thereof. [42 V. c. 11,

ss. 3, 4, 5.]

S. A copy of any entry in any book of account kept in any 8. department of the Government of Canada shall, in all courts ment depart established by the Parliament of Canada, and in all legal proceedings, civil and criminal, over which the Parliament of Canada has legislative authority, be received as primâ facie evidence of such entry and of the matters, transactions and accounts therein recorded, if it is proved by the oath or affidavit of an officer of such department that such book was, at the time of the making of the entry, one of the ordinary books kept in such department, that the entry was made in the usual and ordinary course of business of such department, and that such copy is a true copy thereof. 48-49 V., c. 48, s. 1.

How this Act shall be construed.

[31-32 V., c. 37, s. 6.]

Application

laws

9. The provisions of this Act shall be deemed to be in addition to and not in derogation of any powers of proving documents given by any existing statute or existing at common law. 44 V., c. 28, s. 5.

10. In all proceedings over which the Parliament of Canada of provincial has legislative authority, the laws of evidence in force in the Province in which such proceedings are taken shall, subject to the provisions of this and other Acts of the Parliament of Canada, apply to such proceedings.

evidence.

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

CHAPTER 140.

An Act respecting the taking of Evidence relating to A. D. 1886. proceedings in Courts out of Canada.

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as

follows:

"Court."

1. In this Act, unless the context otherwise requires,- Interpreta(a.) The expression "court" means and includes the Su- tion. preme Court of Canada, and every superior court in any Province of Canada;

(b.) The expression "judge" means and includes any judge "Judge.” of the Supreme Court of Canada, and any judge of any superior court in any Province of Canada;

(c.) The expression "cause" includes a proceeding against "Cause." a criminal. 31 V., c. 76, s. 6, part ;-46 V., c. 35, s. 1, part.

made for ex

witness in

2. Whenever, upon an application for that purpose, it is Order may be made to appear to any court or judge, that any court or tri- amination in bunal of competent jurisdiction, in any other of Her Majesty's Canada of a dominions, or in any foreign country, before which any civil, relation to a commercial or criminal matter is pending, is desirous of obtain- matter pending out of ing the testimony in relation to such matter, of any party or Canada. witness within the jurisdiction of such first mentioned court, or [19-20 V., c. of the court to which such judge belongs or of such judge, such 113, s. 1.] 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. 31 V., c. 76, s. 1;-46 V., c. 35, s. 1, part.

[19-20 V., c.

3. Upon the service upon such party or witness of such Enforcement order and of an appointment of a time and place for the exa- of such order. mination of such party or witness, signed by the person named 113, s. 1.j in such order for taking the same, or if more than one person is named, then by one of the persons named, and upon pay

390

Conduct money and expenses.

[19-20 V., c. 113, s. 4.]

Witness to have like

right of re

trial.

[19-20 V., c. 113, s.

Chap. 140. Evidence, Proceedings out of Canada.

49 VICT.

ment 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. 31 V., c. 76, s. 2.

4. 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. 31 V., c. 76, s. 3.

5. Any person examined under any order made under this Act shall have the like right to refuse to answer questions fusal as at a tending to criminate himself, and other questions, which a party or witness, as the case may be, in any cause pending in the court by which, or by a judge whereof, such order is made, would be entitled to, and no person shall be compelled to produce, under any such order, any writing or other document that he could not be compelled to produce at a trial of such a cause. 31 V., c. 76, s. 4.

5.]

Examination to be upon oath or affirmation.

[19-20 V., c. 113, s. 3.]

Rules and

orders may be

court.

[19-20 V., c. 113, s. 6.]

6. Any person authorized to take the examination of parties or witnesses by any order made in pursuance of this Act, may take such examination upon the oath of the parties or witnesses, or upon affirmation, in cases in which by the law of the Province wherein such examination is taken, affirmation is allowed instead of oath; and such oath or affirmation shall be administered by the person so authorized, or, if more than one, then by one of such persons. 31 V., c. 76, s. 5, part.

7. The court may frame rules and orders in relation to made by the procedure, to the evidence to be produced in support of the application for an order for examination of parties and witnesses under this Act, and generally for carrying this Act into effect; and 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 Her 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. 31 V., c. 76, s. 6, part ;—46 V., c. 35, s. 1, part.

Powers of

8. This Act shall not be so construed as to interfere with local Legisla the right of legislation of the Legislature of any Province requisite or desirable for the carrying out the objects hereof. 31 V., c. 76, s. 7.

tures not affected.

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

CHAPTER 141.

An Act respecting Extra-judicial Oaths.

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as

HER

follows:

A. D. 1886.

1. Every justice of the peace or other person who adminis- Penalty for ters, or causes or allows to be administered, or receives or administering oath causes, or allows to be received any oath, affidavit or solemn without law

ful warrant.

affirmation, touching any matter or thing whereof such justice [5-6 W. IV, c. or other person has not jurisdiction or cognizance by some law 62, s. 13.] in force at the time being, or authorized or required by any such law, is guilty of a misdemeanour and liable to a fine not exceeding fifty dollars, or to imprisonment for any term not exceeding three months. 37 V., c. 37, s. 1, part, and s. 2.

peace,

extend to cer

affirmations.

2. Nothing herein contained shall be construed to extend Act not to to any oath, affidavit or solemn affirmation before any justice tain oaths, in any matter or thing touching the preservation of the affidavits and or the prosecution, trial or punishment of any offence, or to [5-6 W. IV, c. any oath, affidavit or affirmation required or authorized by any 62, s. 13.] law of Canada, or by any law of the Province wherein such oath, affidavit or affirmation is received or administered, or is to be used, or to any oath, affidavit or affirmation which is required by the laws of any foreign country to give validity to instruments in writing designed to be used in such foreign countries respectively. 37 V., c. 37, s. 1, part.

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Repealed and new section substituted by 53 V., c. 37, s. 41.

*

be used in

be made.

4. Any affidavit, affirmation or declaration required by any Before whom fire, life or marine insurance company, authorized by law to do affidavits to business in Canada, in regard to any loss of property or life insurance insured or assured therein, may be taken before any commis- ces may sioner authorized to take affidavits, or before any justice of the peace or before any notary public for any Province of Canada; and any such officer is hereby required to take such affidavit, affirmation or declaration. 32-33 V., c. 23, s. 4.

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