Bill 10 (Legislature 9, Session 1)

L9 S1 7819

Alberta — Bills

Bill No. 10 of 1941 A BILL TO AMEND THE ALBERTA EVIDENCE ACT NOTE. This is a Bill to amend The Alberta Evidence Act, 1922. As under The Bank Act there is no period of limitation affecting the liability of banks to repay moneys deposited with them, they have had to keep many of their records for an indefinite period of time. The Canadian banks, most of which have been long established, are faced with the problem of finding space for the safe storage of the records of the multitude of branches. These records have to be readily accessible.

Consequently, the necessity of erecting special buildings for the purpose of housing these books has arisen. By means of micro-photography these documents can be recorded. The reduction of bank records to this form would result in a tremendous saving of space and the film can readily be examined by use of a projecting machine or by enlarged pictures of particular items. This amendment is designed to permit the banks to use such films in evidence in the court after the originals have been destroyed under proper supervision.

Affidavits would be taken before a notary public identifying the film with the things photographed and proving their destruction. When subsequent proof of the contents of the documents was required, another affidavit or oral evidence would be given to identify the subsequent prints as taken from the proper film.

Section 58 dealt with proof of death of personnel lost or missIng while serving with His Majesty's Forces overseas. The Department of National Defence has requested that this

section be extended to apply to proof of death of the personnel of His Majesty's Forces lost or missing while serving in Canada. The amendment to this

section is de signed to effect this end. W. S. GRAY, Acting Legislative Counsel. (This note does not form any pa1't of the Bill and is ojJe1'ed merely as a pa1'tial explanation of some of its provisions.)

BILL No. 10 of 1941

An Act to amend The Alberta Evidence Act. (Assented to , 1941.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Provin,ce of Alberta, enacts as follows: 1. This Act may be cited as "The Alberta Evidence Act Amendment Act, 1941." 2. The Alberta Evidence Act, being

chapter 87 of the Revised Statutes of Alberta, 1922, is hereby amended by adding thereto immediately after

section 51 the following new section: "51a. A print, whether enlarged or not, from any photo graphic film of,- "(

a) any entry in any book or record kept by any bank and destroyed, lost or delivered to a customer after such film was taken shall in all legal proceedings be received as prima facie evidence of such entry and of the matters, transactions and accounts there in recorded; " (

b) any bill of exchange, promissory note, cheque, re receipt or original instrument or dO,cument held by a bank and destroyed, lost or delivered to a cus tomer after such film was taken shall in all legal proceedings be received in evidence for all purposes for which the original would have been received,- upon proof that while such book, record, bill of exchange, promissory note, cheque, receipt, original instrument or document was in the custody or control of the bank the photographic film was taken thereof in order to keep a permanent record thereof and that the object photographed was subsequently destroyed by or in the presence of one or more of the employees of the bank or was lost or was delivered to a customer; and all required proof may be given by anyone or more of the employees of the bank having knowledge of the taking of the photographic film, of such destruction, loss, or delivery to a customer, or 'Of the making of the print as the case may be, and may be given orally or by affidavit sworn in any part of Canada before any notary public; provided that where any person having knowledge of such destruction, loss or delivery, or of the taking of such film is not resident in the city, town

2 or place in which the court before which such proof is of fered is sitting, or is no longer in the employ of the bank or is too ill to attend court or is dead, proof of su~h film having been taken and of such destruction, loss or delivery may be made by a notarial copy of an affidavit by such person sworn as above required." 3. The said Act is further amended by striking out sec tion 58 and by substituting therefor the following: "58. The production of a certificate in writing signed or purporting to be signed,- "(

a) by the Adjutant-General, Deputy Adjutant-General, or officer in charge of records, Militia Service, De partment of National Defence, in the case of a member of His Majesty's Military Forces; or "(

b) by the Naval Secretary, Naval Servi,ce, Department of National Defence, in the case of a member of His Majesty's Naval Forces; or " (

c) by the officer in charge of records, Air Service, De partment of National Defence, in the ca:se of a member of His Majesty's Air F'orces; or "(

d) by any officer of His Majesty's Naval, Military or Air Forces, authorized so to sign, in the case of a member of any of His Majesty's Forces,- stating that the person named in the certificate was a mem ber of any of His Majesty's For,ces, and that he has been officially reported as dead or presumed to be dead, if it appears on the face of the certificate that the person sign ing is qualified as prescribed in paragraphs (a), (b), (

c) or (d), as the case may be, shall be prima facie proof of the death of such person and of all facts stated in the certificate for any purpose to which the authority of the Legislature of Alberta extends, and also of the office, authority and signature of the person giving or making the certificate, without any proof of his appointment, authority or signa ture." 4. This Act shall come into force on the day upon which it is assented to.

FIRST SESSION NINTH LEGISLATURE 5 GEORGE VI 1941 BILL

An Act to amend The Alberta Evidence Act. Received and read the First time. Second time Third time RON. MR. ABERHART. EDMONTON: A. Shnitka, King's Printer 19 41 Title: 1941 (9th, 1st) Bill 10,

An Act to amend The Alberta Evidence Act

Document details

Collection	Alberta — Bills
Citation	L9 S1 7819
Type	bill
Volume / chapter	L9 S1 7819
Language	en
Format	json
Source	PROVINCIAL
Identifier	efc66768b692bc1f26e68717af44dca591dd933e

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