Bill 10 (Legislature 2, Session 2)

L2 S2 10808

Alberta — Bills

BILL No. iS of 1910.

An Act respecting Witnesses and Evidence. (Assented to H IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, ~acts as follows:

SHORT TITLE. 1. This Act may be cited as "The Evidence Act." INTERPRETA'J'ION. 2. In this Act-- Short. tit,Jt J-nterpret1-t,- 10U 1. · "Court" shall include a judge, arbitrator, umpire, com- Court missioner, police magistrate, justice of the peace or other officer or person having by law or by the consent of parties authority to hear, .receive and exarnine evidence; ·2.

"Action" shall include an issue, matter, arbitration, Action ,ref··.erer;Lce, inve~tigation., inquiry, a prosecution ~or an _offence ~·/~omnutted:agarnst a Statute of Alberta or an Ordinance m force in Alberta, or against a· by-law or regulation made under the authority of any such Statute or Ordinance and any other proceeding authorized or permitted to b~ tried, heard, h4d or taken by or before a court under the law of Alberta. APPLICA'l'ION OF ACT. 3.

This Act shall extend and apply to the evidence ofllered ~l'X~~at!ol• or taken orally or by interrogatories or affidavits or by the production of documents or things or otherwise by or before a court in an action. COMPETENCY OF WITNESSES. 4. No person offered as a witness in an action shall be ex- Wit.nesses eluded by reason of any alleged incapacity from crime or inttrest i:,~';.:,;.!Uat~d from giving evidence. ~e~':~e 0 ~ li.

Every person offered as a witness shall be admitted to give suo'! perso>!>s evidence notwithstanding that he has an interest in the m*ter ~tted tq in question or in the event of the action, and notwithstan~ng evidence that he has been previously convicted of a crime or offence. ' 6.

The parties to an action, and the persons on whose behalf Evi<Jence o~ the same is brought, instituted, opposed or defended sJall, part>"" except as hereinafter otherwise provided, be competent nd compellable to give evidence on behalf of themselves or of ny of the parties; and the husbands and wives of such parties nd l:vigen:ie orl persons shall, except as hereinafter otherwise provided, bea:::d ~Yre competent and compellable to give evidence on behalf of ~ny of the parties.

2 ~(. A witness shall not be excused from answering any question Wit e'd not upon the ground that the answer may tend to criminate him, r;,cu !ns,.-er or may tend to establish his liability to a civil proceediyg at the ~~~d ~;·:~on• instance of the Crown or of any person or to a proseeutifn under cnm nate any Act of or Ordinanec in foree in Alberta.

(2) If with respeet to any question a witness objeets to answer t,nr, ~i..:.'d'' upon any of the grounds mentioned in subsection lj and if, in e "de~"" but for this

section or any Act of the Parliament of Canada, he agaJ at un would have been excused from answering such '.question reason of any Act of the Parliament of Canada com elled to then, although the witness is by reason of this secti~n or by answer, the answer so given shall not be used or rece vable in evidence against him in any civil proceeding or in any proceed- ing under any Act of or Ordinance in force in Alberta.l 8.

The parties to an action ?r proceeding insti~ute in con-~:;;~*~~~!~ sequence of adulterv, and their husbands and wives shall be m c se-r competent but not c~rnpellablc to give evidence, but the husband ~:l~f ~~; or wife, if competent only under this Act, shall not e asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless he or she shall have alr<~ady given evidence in the same action or proceeding in dis- proof of his or her alleged adultery. U.

A husband shall not be compellable to disclose any com- Co'?'~uni munication made to him by his wife during the marr~age, nor 'd~~i.; made sh2.1l a wife be compellable to disclose any cornmunicatipn made marr ""• to her by her husband during the marriage. Expert Evidence. · 10.

Whc:e it is inten~ed by any party to ex!lmine a:s witn_es.se>< ~~'::!f':cror persons entitled according to the law or praet1ee to grvq oprnwnexpe •.-..it evidence not more than three of such witnesses rnay be called ~:~i~ .'~t.e. upon either side without the leave of the judge or other person presiding, to be applied for befor-e the examination of any of such witnesses. Con:obor_ative Evidence. 11.

The plaintiff in an action for breach of promise of ~arriage Ev!cl nor" in shall not recover unless his or her testimony is corr borated b~~~oc: orr by some other material evidence in support of the promi ·e. prom se I 1~. _In an action by ?r against the heirs, next of kin, e~ec~tors, ~~ ':,~ ~",;':.:'lnst administrators, or assigns of a deceased person, an op OSlte or Tcl>re enta intercstcd party shall not obtain a verdict, judgment or . eeision, ~;:;;"a !d .. on his own evidence, in respect of any matter occurring before !,';[J~ ~~~~ the death of the deceased person, unless such evidence is eor- u~~t") ::,o.;!~· roborated by some other material evidence.

JS .. ~o rob- 13. In ~n action by or against a lunatic so found or an inmate~':,~ ~:..'lnst of a lunatiC asylurn, or a person who frorn unsoundness of rnind '"'~"' ""· etc. is incapablP of giving evidence, an opposite or interestt party~;;';;.;; of shalll not obtain a verdict, judgment or decision on is own:;:;;;;; ''::a1:t! evidence unless such evidence is corroborated by sm e other material evidence. Oaths and Affirmations. 1•1. Where an oath may lawfully be administered I to any Depotnt person as a witness or as a deponent· in

an act~on or on appoint- ::!!.~h ~~fareu rncnt to any office or ernployment 01· on any occasion w~atever, to be mdmg

3 such p. erson shall be J;>o~nd by ~he oath administen;d, if tj, sarne shall have been admmrstered rn such form and wrth sue cere monies as such person may declare to be binding.

(2) Where an oath has been duly administered and taken, the fact that the person to whom the same was adrninfstered had, at the time of taking such oath, no religious belie shall not for any purpose affect the validity of such oath. 15 ..

If a person called as a witness or required or desitng toCertain~ give evidence or to make an affidavit or deposition in an action l::'~ns ay or on an occasion whereon or touching a matter respecting which ~~d:.i~ ~ne an oath is required or permitted, objects to take an oat or is ~?~:th. stead objected to as incompetent to take an oath and if the pr siding judge or the person qualified to take affidavits or depositions is satisfied that such person objects to be sworn from consci- entious scruples or on the ground of his religious belief or pn the ground that the taking of an oath would have no binding effect on his conscience, such person rnay make an affirrnati n and declaration in lieu of taking an oath and such affirmati n and declaration shall be of the same force and effect as if such erson had taken an oath in the usual form.

(2) Where the evidence is in the form of an affidavit or deposition the person before whom the same is take certify that the deponent satisfied him that he was a entitled to affirm. ritten Certifie{e that de- shall P.onent ntttled t.o erson affirm 16. If any person to whom an oath is to be administered ~esires Scotch <jath to swear with uplifted hand, in the form and manner in .which an oa .. th iR usually administered in Scotland, he shall be per- mitted so to do, and the oath shall be_ administered to ~im in such form and manner witho~t further question. 1 17.

In any legal proceeding where a child of tender ytat.·s is Eyidenc~ of offered as a witness, and such child does not, in the opin on of child the judge, justice or other presiding officer, understa d the nature of an oath, the evidence of such child may be rcc ived, though not given upon oath if, in the opinion of the udge, justice or other presiding officer, as the case may be, such child is possessed of sufficient intelligence to justify the receptiion of the evidence, and understands the duty of speaking the 1ruth.

(2) No case shall-be decided upon such evidence alone~ and Must be.! such evidence must be corroborated by some other material co;nrobor I ted evidence. 18. A witness who is unable to speak may give his evidence Evidenc~ of in any other manner in which he can make it intelligible. 1 mute Attendance of Witnesses. 19.

A witness served i~ due time with a subpCEna issued out >yitnes~ I of any court in Alberta, and paid his proper witness fe~· and ~,~'!:',!'.;~~g conduct money, who shall make default in obeying sue sub- ~~}i!:'nto pama, without any lawful and -reasonable impediment shall in adclitioJ?- to any penal.ty he may incur as for a conte' pt of court be hable to an actwn on the part of the person by hom or on whose behalf he shall have been subpcenaed, for any dam- age which such person may sustain or be put to by reasf:m of such default.

4 Examination of Witnesses. 20.

A witness may be cross-examined as to previous statements Proo~( made by him in writing, or reduced into writing, relative to the ~rii[. wtory matter in question, without the writing being shown to him; state ents but if it is intended to contradict him by the writing, hi~ atten- tion shall, before such contradictory proof is given, be c>!Jied to those parts of the writing which are to be used for the purpose of so contradicting him; and the judge or other person p*siding at any time during the trial or proceeding may require the pro- duction of the writing for his inspection, and may thereupon make. such use of it for the purposes of the trial or pro~ceding as he may think fit .. 21.

If a witnes~ upon ~ross-examination ~s to a f'?rme~ sta~c- ~,;-~~;a~ctory ment made by h1n1 relative to the matter In questwn, lj,nd rn- oral sta~e consistent with his present testimony, does not distinctly admit ments that he did make such statement, proof may be given that• he did in fact make it; but before such proof is given the circum~tances of the supposed statement, sufficient to designate the pad;icular occasion, shall be mentioned to the witness, and he shall bd asked whether or not he did make such statement . . 22.

A witness may be asked whether he has been convicted ~~;:fo~f~ of any crime, and upon being so a;sk~d, if he either deni~s the ~r~vi~'i ;;-•• fact or refuses to answer, the convrctwn may be proved; and a 'f'l;Y ~· ~iven certificate containing the substance and effect only (orrlitting lt, e1c. 0 ws the formal part) of the charge and of the conviction, purpbrting to be signed by the officer having the cw;tody of the r~cords of the court at which the offendm· was convicted, or by the deputy of the officer, _shall, upon proof of the iucntity of the . -'WI. ·t.ness aii"such corivict,·'be sufficient evidence "of' the convittion, ~~~flctl'* of without proof of the signature or of the official character f the person appearing to have signed the certificate.

(2) For such certificate a fee of $1 and no more may be Fee for demanded or taken. 23.

A party producing a witness shall not be allowed to im- Hnw far 1 peach his credit by general evidence of bad character b11t he ~f:c'~'ita'l' may contradict him by other evidence, or if the witness in the~~;:=." opinion of the judge or other person presiding proves ad~erse such party may by leave of the judge or other person pres ding prove that the witness made at some, other time a state ent inconsistent with his, present testimony, but before such last mentioned proof is given the circumstances of the pro osed statement sufficient to designate the particular occasion hall be mentioned to the witness and he shall be asked whether or not he did make su<.;h statement.

STATUTES AND PUBLIC DOCUMENTS. Statutes, Procla1nations, Orders in Council, Letters Patent,\ etc. 24. Letters pater:t ~nder the Great Seal of the United King- ~~~r~nce of dom of Great Bntam and Ireland, or of any other of I His patent Majesty's dominions, may be proved by the production of arl ex emplifie.ation thereof,_ or of the enrolment th~reof, underJ the Great t>eal under whrch the same may have Issued, and uch exemplification shall have the like force and effect for all pur- poses as the letters patent thereby exemplified, as well against His Maje_sty as against all other persons whomsoever.

5 25. Copies of Statutes, official gazettes, Ordinances, regu- g;:::;!:'.li~;.i lations, proclamations, journals,_ orders, appointments. to office, ~~~vinds notice 13 thereof and other pubhc documents purporting to be St!'tutes printed by or under the authority of the ·Parliament of $reat e~dence Britain and Ireland or of the Imperial Government or by or under the authority of the Government or of any legisllitive body of any Dominion, Commonwealth, State, Province, Colony, :Territory, or possession within the King's dominions, shall be admitted in evidence to prove the contents thereof. 1 26.

Prima facie evidence of a proclamation, order, regulttion!':~~):'; •. or appointment to office made or issued- ~· ~n;.<;;ciine~ .. (

a) By the Governor General or the Governor Gener I in ~.~t:'Yn Council, or other chief executive officer or ad inis- ~r'P~~:':- trator of the Government of Canada; or ' ~~~r.oh"~' - (

b) By or under the authority of any Minister or head of proved any department of the Government of Canada or I of a provincial or territorial Government in Canada; or (

c) By a Lieutenant Governor or Lieutenant ·Governtr in Council or other chief executive officer or admini 'tra tor of Alberta or of any other province or terr tory in Canada; · may be given by the production of- . (

a) A copy of the Canada Gazette or of the official gazette for any province or territory purporting to corJ,tain a notice of such proclamation, order, regulatio:h or appointment; or I (b) (

c) A .copy of such proclamation, order, regulation or appoinLrnent purporting to be printed by the King's ;Prii1tcr. or _b_r: the Goverllll,l~,g,t,,J:£~~~~r.~~gr the ~rov- mce ·or ·terrttory; .or · ··· · A copy of or extract from such proclamation, order, regulation or appointment purporting to be certjfied to be a true copy by such Minister or head of a department or by the clerk or assistant or acting clerk of the Executive Council or by the head of any department of the Government of Canada or of a pro vincial or territorial Government or by his deputy or acting deputy. 27.

An order in writing purporting to be signed by the Secre- Qnlers tary of State of Canada, and to be written by command of I the 'S':;::f.a~~ ':?~ Govemor General, shall ·be received in evidence as the ol'(1cri\~~.:'ciai of the Governor General; and an order in writing purpor~ing secretary to be signed by the Provincial Secretary and to be written by command of the Lieutenant Governor shall be received in evidence as the order of the Lieutenant Governor. Official Documents. 28.

Copies of proclamatipns and of official and other docu- Notices in ments, Illotices l:md advertisements printed in the Canada GazJtte Gazette or in the Alberta Gazette, or in the official gazette of any provi\::tee or territory in Canada shall be prirna facie evidence of the originals, and of the contents thereof. 29.

W"here the odginal record could be received in evide~ce, How P!-lblio a copy of any official or public document in Alberta purpoc~ng ~~~~~~~ •• to be certified under the hand of the proper officer, or the pe on proved in whose custody such official or public document is placed, or of a document, by-law, ntlc, regulation or proceeding, or of

6 any entry in any register or other book of any corpqration, created by charter or Statute of Alberta, or chafter or Ordinance of the North-West Territories carrying on business By-law$, ~to., in Alberta, purporting to be certified under the seal of the ~h~~~P<fr corporation, and the hand of the presiding officer or se~retary thereof, shall be receivable in evidence without proof of the seal of the corporation, or of the signature or of the pfficial character of the person or persons appearing to have signed the same, and without further proof thereof.

I 30 .. ·where a document is in the official possession, c*stody Privii~o:tln or power of a member of the Executive Council, or of the head ~':i'l~;~t o{ a department of the public service of Alberta, if the deputy docume •• head or other officer of the department has the document in his personal possession, and is called as a witness, he s~all be entitled, acting herein by the direction and on behalf of such member of the Executive Council or head of the department, to object to produce the document on the ground that it is privileged; and such objection may be taken by him in th same manner, and shall have the same effect, as if such mem >er of the Executive Council or head of the department wer per- sonally present and made the objection. 31.

A copy of an entry in any bo,ok of account kept i any ;r.!';~~~-':ni~ntal department of the Government of Canada or of Alberta shall books to be be rcecived as prima facie evidence of such entry, and f the~~;;:,~~! ie 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 pntry, one of the ordinary books kept in such department, th:j.t the e. nt. ry was ... ap.,p·t.trcntly, a_nd as the dcpon. e·n·t·. belie. nes, lll1dc in -.the usual~{lld ordinary course of busi!1CSf1,of such departruent, ,• and'tha;tsuch'copy'is a true copy thereof. . . ' ! 32. vVhcre a book or other document is of SO public a rlaturecogiAs~f as to be admissible in evidence on its mere production from the!::.' d~~u- oks proper custody, a copy thereof or extract therefrom shall be ;:!f,~l~ 1 !'1 admissible in evidence if it is proved that is it an cxaf' incd evidence copy or extract, or that it purports to be signed and ce tificcl as a true copy or extract by the officer to whose custod the original has been entrusted.

(2) Such officer shall furnish the certified copv or e~tract Copies to lbe to any person applying for the same at a reasonable time, ',upon~~~~ 'r his paying therefor a sum not exceeding ten cents for tvery folio of one hundred words. , [ S1:gnatures of Judges, etc. I 33. All courts, judges, justices, masters, clerks of c~rts, .ru~iciai t commissioners and other officers acting judicially, shall take~;~~:~? judicial notice of the signature of any of the judges of any ourt ~~.:'',,~~r:: ~~ of Canada, of Alberta, and of every other province and tcr tory in Canada, where such signature is appended or attache ,. to any decree, order, certificate, affidavit, or ·judicial or o cial document., I

(2) The members of the Board of Railway Commissioners of Canada shall be deemed judges for the purposes of this section. 3:1: No proof shall be re_qu~red of the handwriting or olcial f~~t;,.~,; I positiOn of any person certifying to the truth of any copy f or whe'! not '1"'· extract from any pro.clamation, order, regulation or app int- reqmred ment; and any such copy or extract may be in print or in writing, or partly in print and partly in writing. ' \

7 Foreign Judgments. 35. A judgment, decree or other judicial proceeding r~overed, fore$' made, had or taken in the Supreme Court of Judicature r in any!.~~-. ~;••.

Court of Record in England or Ireland or in any of the uperiorprov Courts of Law, Equity or Bankruptcy in Scotland, or in mb.y Court of Record in Canada or in any British Colony or posseRRion, or in any Court of Record of the United States, or of I any State of the United States of America, may be proved by an e~mplifi- cation Of the same under the seal of the court, with ut any proof of the authenticity of_ such seal or other proof w _ate_v~r, in the same manner as a JUdgment decree, or other JUdteml proceedjng of the Supreme Court of Alberta may be pr ven by an exemplification thereof. Notarial Documents. 36.

A copy of a notarial act or instrument in writif. made ~~f~i.l'~ots in Quebec, before a .11:otary and filed, enrolled or enr IBtercd !.d~~b'.';, by such notary, certified by a notary or prothonotary to be a true copy of the original thereby certified to be in his p ssession as s].lch notary or prothonotary, shall be receivable in vidence in the place and stead of the original, and shall have t. e same force and effect as the original would have if produced and proved. 37.

The proof by such certified copy may be rebutte~· or set How tn· aside by proof that there is no such original, or that t e copy peRch d is not a t_rue copy of the original in some material pa icular, or that the original is not an im;trurnent of such a nature as rna:'\' by the law of Quebec be taken before a notary, or be filed, ;,$~./t~.o,r~~gi!'!te.!:~~ }:>~.a ·notary, Protests of Bills and Notes. 38.

A protest of a bill of exchange or promissory note frport- Produ Hon ing to be under the hand of a notary public whereve rnadc~~t:;" 'i~a shall be received as prima facie evidence of the allegati ns and ~~C,:; :\ ·~- facts therein stated. protes w"" , made 39.

Any note, memorandum or certificate purportinJ to be Cer~ai made by a notary public in Canada, in his own handwriting or gr·~~~~ ::: to be signed by him at the foot of or embodied in any »rotcst, l:et";: ·:I:"' or in a regular register of official actS purporting to be ~ept by ence him shall be prima facie evidence of the fact of notice t non acceptance or non-payment of a bill of exchange or pro issory note having been sent or delivered, at the time and in the anner stated in such note, certificate or memorandum. Affidavits, etc., made out of Alberta. 40.

Oaths, affidavits, affirmations or. declarations a4m.inis- Affida. '"to t~red,_sworn., affirmed_or.made out of Alberta.- I ~ber !:..Y be mad (

a) In England or Ireland before a commissioner &.uthor- J:f::'Cu ~~ izecl to administer oaths in the Supreme Cdurt of tionari in Judicature of England or Ireland; I ~~~ri (

b) In England or Ireland before a judge of the Supreme Court of Judicature of England or Ireland; (

c) In Scotland before a judge of the Court of Ses+ion or the Judiciary Cou~ of Scotland; _ (

d) Before a judge of any of the County Courts ofl Great Britain or Ireland, within his county;

8 (

e) In Great Britain or Ireland, or in any Colony of His Majesty, or in any foreign country, before th~ mayor or chief magistrate of any city, borough <l>r town corporate, certified under the common seal I of such ·city, borough or town corporate; (

f) In any Colony belonging to the Crown of Great Britain, or any dependency thereof, or in any foreign country before a judge of any Court of Record or of $upreme jurisdiction; ' i, . . (

g) In the Briti~h possessions in India; before an x,nagis trate or collector certified to have been sue under the hand of the Governor of such possession; I (h)" In Quebec, before a judge or prothonotarylof the Superior Court or clerk of the Circuit Court; (

i) In any foreign place, before any consul, vic consul, or consular agent of His Majesty exercising his func tions; (

j) Before a notary public and certified under his hand and official seal; ' (

k) Or before a commissioner authorized by the !laws of Alberta to take such affidavits; ~' shall be as valid and effectual and shall be of like force a1 d effect to all intents and purposes as if such oath, affidavit, affi ation or declaration had been administered, sworn, affirmed or made in Alberta before a commissioner for taking affidavits therein, or other competent authority of the like nature. ' 41.

Any. doc.ur·n.cnt purporting to have .affixed, ir.npr~".SCcl Orll•al~d ~~$J;!l9!l~f~~etq;-.the.-.~~tu~ of,"such.j <;Jgc or::.d• ':be ··commissiOner, or the signature and offimal seal of such notaryProv public, or prothonotary, or the seal of the corporation nd the signature of such mayor or chief magistrate or govior as aforesaid, or the seal and signat. ure of such consul, vice-c nsul or consular agent in testimony of such oath, affidavit, affi ation or declaration having been administered, sworn, affi ed or made by or before him, or for any other purpose autho zed by this Act,. shall be admitted in evidence without proof of such signature, or seal and signature, being the signature or the seal and signature of the person whose signature or seal ~d sig- nature the same purport to be, or of the official char~ctcr of such person.

Formal Defects in Affidavits. 42. No informality in the heading, or other formal re~uisites Inlormt to any affidavit, declaration or affirmation made or taken before ~~~~n • eta. a commissioner authorized to take affidavits under t e Act i11valid te respecting Commissioners to Administer Oaths, or under t "s Act, 6 Edw. vn, shall be any objection to its reception in .evidence if the court 0 ' 14 or judge before whom it is tendered thinks proper to recrive 'it. Depositions_ 43.

Where an examination or deposition of a party or witness Copie~• has been taken before a judge or other officer or person api)ointed ~=~~!: i:; to take the same, copies of the examination or depositimt certi- r:.%:n he tied under the ha~d of the judge, offic?r o:r other pcrso_n taking ==1 -in the same, shall, w1thout proof of the signature, be received and evirtenc read in evidence, saving all just exceptions.

'2.;J.~ YVherc ~'Hlg~ucnt ,_._red ~tor · d_)tn.inq th(' J]H ,.;-~,~j:·\,lv of ~t f'3l eiv( r -,va·v· n.~ e,_-1 ui ta 1 :·k· 'XC'CU tio.-::: o :;·< 1; ,, ~ >!' hl:-:- d(·tt-i)r t!w 1 , .. -,lv(~r ~hall · lui_(': U'1rt t.b ·11( '~ ., i by him lJy \·ir: of hi~ :1llU t:H ci>Dil' ·-i: w ~ubjeet to dH' ·oYiBiuHH of UH' nt·~·- pn~cedi:Lt! _...;.i·•"tlt)" .,J. tlw <'r<'tli'tor :•h ,;_ lx~ l·ntitled h• l•-· paid tht>tN>tll ;l!c ,.,.,.,, of and in.ddenw to the n:~h·t'rnhi1p mucr .and alae il-"')(~(,.,.,hr~ tbcroon iD priority to the elainl$ 1of aU 11:tt.llel- creditop:t. __ ; , ~-,;' .. '- --;._.~·:.;: . if'·~·"~-" .. ~:·;·::-~, .. -;_-~:(~: ,:-;_: . . . . ·:-<: <·· ::~-'f-:(:~~-"-~>~itf.r}-=t~~A::~·;: ~-, / '~;-h~ :~ · ~ '\Vbere: tlie amount levied b]r the Eilieriff iS' not sufficient A.,._..ioo>-! to pa.y the' exc,cu ~iom; and certifi1rmtes- with costs n full the ;;;~:;~~' ... t•n rnone_y s·t'JtaH be 1.~\pHed to ·t;hr-3 ratca'-)1•• Li :;uch t\~~~~:f~{~~ent and e':J~~ ..

Lt:; of ·JLc ~:Etors afu~:. the 5h2I~-=.ff~~ C<i:'S i~1c>:ci- L~ ~~J d~:<irn ~,f . ht I and l~ud~·r Y.'Ln: r~ -~-xceut;lon scl:~·lr<o and \Vhcrc ~H~ 1s eni ~o j'lJ'i.-:~ri::.y C1c-::.Y j·or l'did,,_r i-lL· of thi·--4 _/1J• t. 25.

Tlw tolerit ilefltc ,,hall, in intc·re;:;l. c;n ~TJ('J front the dn [ . ., al:-;o ::n :3[, fo ·· tl ,-. lic;n ~-c, '1,1Jd \',·he: of fl :'<:lieitc,- h {ll\ th(~ rcru_~,-,r~Jo ,,Ji Tee:t.ct i by aJJ th~ fi.1!1C u~1ts :- :Jnm1tc• f;·nn1 'r,ltc · latt• -tllt:?d ]l.t t:lctt bchnJ- ir:. di'd~'urs:'Ill.'ll t." i)Jl ,,;··cry J'<'ll i'l.tCh ]'(•])(',",'td j, 'll,,Jc llj-Ull : hai. [tL:-:o l!·vy , ' lor ~h 1 u-_{' li.- 2~j," \\'hPn· ~~to~ di;-:;' ·1. !L.t·d L:· i-'Il rit·,· lj! ";-;b.· thi,- Arl he •l1al. n -t loe r·ntit!Pd to P<•'l:tJda!!'(' u '' n ,- ,,, v·"' "x<·cutiorm ur , '"'IIiical<:·,,, ~JUt ur.

l) upon- tJw li<" pr. ,c·•:• _~,.. distribul.ablc by him a.t tbe ~c 1ra.tc 11.5· if. the whde muoll,lm bad ~~ll payable upon one execution.· · - ""'· 2'7, H'lwrc taken to ha' c cat-e-s c~aLidcrl t~ n1ach: th·-: C<ortifi c: Lc th ; th-e: an 1 ·Jnn t '::lo of tilr i~:= 1nad;:: ua:Jcr in e::d'C~Ji:n~1 t: ~lirtJ·c tHL]flr aJl ~-lC C~'\ . .>::~~nti!lTf :)enefit, ~~~hc1't.'of. t-ntl upo __ ]_, 1_):1y1 :c·11t ern:i-L{"d nn~lc· a..:1y .~-c_e:-: (:X '(·u: .. : ..::hn;l e "fh_"l't~on lt ,JJ('_H:J ~, lP_i. t ht :--'lu-.11 n c:\:..ccrd, ~u the i ~~UL'd LlH' {:X('C'U eotn t uui -·vllil 11 1 ~H' ~an1c-=- _:-.:::·n.H·{ t, u · t.h{' C~{.;-c_H..lrYl tL-'-l t-nc ~;an.e htts Lr (,_,}( '} l ·~ Jt', l -,I <r;f w hl(·l ·1 ~er· ca;;c: tbc .~d11 • r,, Llh' ):un. 1:?-Hv.i.;_ ~be:(·lLI l'-1"1"!" 'J(:"Jf lih h:.r i h-:• .-~hr-rilT ')e tk1·n to "]J , 1, •: lllf']IP ].,,,_, ,, •{'an nu·y be ] ~a· 1 n ._·on 1n r. ·spcC't TCtl::·Il 1_. •f I I ~ tl f._ 1 rifi ·} ~ ~28. houl'-.::: ITCn t-io '.ll_'r l 1-hr- foJl.o'wing pa ·:~u!n,rs: (r-) Th0 11111 kYic·~. ·l·:·Jn,-J-:·cl an1l l LL (•f: , 'l' r, ·c( ~·j~ac 1 c the tim rcce·\'c• ckLI stat.;:LiH r:lddit.in: c :'XCC uti, ·1:Lio1J, cc1 tiflt'Htl z t -n·uc·r L~~ lu: rnflkJ ng 1L(· fo:iTn 1, :1;· :=-=·~t 1_)~(". ru~_.

Hi( mu:11h 1:hc a·u.)·,- :1 1er•- the CL"tC' of 1\;C~·ipt., CJT!!, be amc1du' froll: .1 1(· L> I :1-: ULlOUntF ~-Ire lcv:td cr :..·e;__·,-.:1'-:'~' ()l' f·n· ccrti!icat2.;; or u .:lcr:3 arc rc-·;"J Jl'

10 .51~. Where a pu~lic officer produces -r:pon. a subp4'ena an ~Jlfc~e~or orrgmal document It shall not be deposited m court unless docu ents otherwise ordered, but if the document or a copy is ncqded fori::.It;u ~"id subsequent reference or use a copy thereof or of so much thereof ongm 1" as may be deemed necessary, certified under the hand of the officer producing the document, shall be filed as an exp.ibit in the place of the original; and the officer shall be entfL!cd to receive in addition to his ordinary fees the fees for any certified copy, to be paid to him before it isdelivered or filed.

(2) Where an order is made that. the orginal be r~tained, ~rion~i!:d the order shall be delivered to the public officer, and the lexhibit up~~~~·· shall be retained in court and filed. u 1ud Copies of other Wn:tten Instruments. 51.

A party intending to prove the original of a te~egram, Copi~s~r letter, shipping bill, bill of lading, delivery order, receipt, ccount ~<;;.~: nts or other written instrument used in business or other t ansae- :::i'J.~ ~ tions, may give notice to the opposite party ten days ~t least ~~t;;';. eon before the trial or other proceeding in which the proof is intended conditi ne to he adduced that he intends to give in eviucnce as pf"oof of the contents..' a writing purporting to be a copy of the dodument and in the notice shall name some convenient time an~ place for the inspection thereof.

(2) Such copy may then be inspected by the opposite party, Inspeettou and shall without further proof be sufficient evidence of the contents of the original document, and be accepted andl taken in lieu of the original, unless the party receiving the notice within four days after the time mentioned for such inspection giveB notice that he intendB to dispute the correctness or genuine- ness of the copy at the triaf or- proceeding, and to require proof of the or!g!nal; and the costs atte_nding a;ny pr_?duction orl proof·Costs of the ongmal document -shall be Ill the lhscretwn of the cqurt.

Miscellaneous Provisions. 52.

Where it is made to appear to the Supreme Court or a w;tnes~ judge thereof, or to a judge of a District Court, that any court ::;:'j~r~ or tribunal of competent juriBdiction in a foreign country has i:;' :'ei!IT' :!"d duly authorized, by con1mission, order or other process, the ob- to "'J-Y >«ter taining of the testimony in or in relation. to any action, suit or lo~':. ~nr'6 ~i~ proceeding pending in or before such foreign court or tritunal, tnbunal of a witness out of the jurisdiction thereof and within the juris- diction of the court or judge so applied to, such court or judge may order the examination of such witness before the person appointed, and. in the manner and form dire.cted by th. ~com-mission, order or other process; and may by the same r by a subsequent rorder command the attendance of any erson named therein for the purpose of being examined, the production of any writing or other document or thing men- tioned in the order; and may give all such directions as to the time and place of the examination, and all other m)ttters conneeted therewith as may seem proper; and the order may be enforced, and any disobeclienec thereto punished, 1~ like manner as in case of an order made by the same co rt or judge in an action pending in such court or before such ju ge.

(2) A person whose attendance is so ordered shall be en itled.Paymentrr to the like conduct money and payment for expenses an loss ;.;.r::.s;· rr of time as upon attendance at a trial in the Supreme Courtf

.11

(3) A person examined under such commission, on).er or R~o:ht(l other process, shall have the like right to object to =nswer ~-;,~;r' • ~ • . h" If d f que-st.Ion questiOns _tendmg; to :runmat~ nnse ! an_ to rc use to ns>;er d~~e'do ~-- any questwns whwh, In an actwn pending In the court by wlnch menta or by a judge whereof or before the judge by. whom thetordcr for examination was made, the witness would be entit ed to object or to refuse to answer; and no person shall he con pclled to produce at the examination any writing, document or thing which he would not be compellable to produce at the t ial of _ such an action. . ( 4) ":'here the commission, order. or_ other proce~s or the tr~ti~~·."-+r J;llSLructwns of: the court accompanying the same drrect that oath I' ·the person to be examined shall be sworn or shall affirm the person ~9 appointed shall have autl10rity to administer the oath. ~o him pr take his affirmation . .53.

It shall not be necessary to prove by the attesting '\\(itness Attestin~ ·an instrument to the;. validity of which attestation is not ~~nG:"e ~~ requisite. ;."e~~:i;ed ~;l:, . · 54. Comparison of a dispqted writing with any writing ~ovcd c!d-part n,r to the satisfaction of the court to be genuine shall be per itted ~ritl~"u ~th .to be made by a witness; and such writings and the ev dence genmne :of wi11>nesses respecting the same may be submitted to the court ()~• jury as evidence of the genuineness or otherwise· pf the writing in dispute . .'i.'i.

Where a document is received in evidence the~:court When i~stru admitting the same may direct that it be impounded an kept ~·,:>~"d~ ~~·d in such .custody for such period and subject to such cone itions f:;:'J;,~~, ed as rnay seern proper or until the further onlm· of the co rt or /P( theJ:luY,rei:Q.e"pour~"'-or,.a judge ther_epJ. Qr:o( a __ District 1 Court (as the case may be). · · - ' 56.

In the completion of ~tny contract of sale of land, rehitals, I.n compte statements of facts and matters and descriptions of p~rties, i~~t~rr~ i:.= contained in deeds, instruments, Acts of Parliament or stat- ~J~ r.; be ra utory declarations twenty -years old at the date of the co~ract, !~~r~ci:; shall, subject to any stipulations to the contrary in sue con- tract, and unless and except so far as they are proved to be inaccurate, be taken to be sufficient evidence of the t th of such recitals, statements and descriptions. I .')7.

The provisio~s of this Act shall not_ be taken to. e cl~de !;,~'i"~~~· or any ·method of provmg documents or facts m any way In hteh addi\i<.m 1 !-<> they may by law be proved. ~ili~'s 0 t~-m utes of Alberta .58. Clause 12 of

section 10 of The Judicature Ordinan. and

section 1,

chapter 10, of the Ordinances of 1901, are hereby Repeal repealed.

No . .'lO SECOND· SESSION SECOND LEGISLATURE l GEORGE V. 19:10 (SECOND SESSION) BILL

An Act respecting Witnesses and Evidence. Received and read the First time---··------····-·········-····------·--·····-··-----·· Second time .............. ,. ..... ----------.··········-· T'hird time. ................................................... . HoN. C. R. MITCHELL EDMONTON }A-MRS E. RICHARDS, Govennnent Printer A.D. 1910 Title: 1910 (2nd, 2nd) Bill 10,

An Act respecting Witnesses and Evidence

Document details

Collection	Alberta — Bills
Citation	L2 S2 10808
Type	bill
Volume / chapter	L2 S2 10808
Language	en
Format	json
Source	PROVINCIAL
Identifier	e6633af696113f182d70363a456723ab35649918

Source file is stored in the law ingest library (json).