Registered instrument prima facie evidence. Instrument with certifi 43. An exemplification or a certified copy of any registered instrument or memorial under the hand and seal of office of the Registrar in whose office the same is registered shall be received as prima facie evidence, in every Court in Ontario, of the original of the instrument or memorial, except in the cases provided for in section 45. R. S. O. 1877, c. 62, s. 45. See also cap. 114, s. 24. 44. In case one of two or more original parts of any cate of regisinstrument is registered, the Registrar shall indorse upon each tration prima of such original parts, a certificate of the registration in the facie evidence. form of Schedule G to The Registry Act, and such original so certified shall be received as prima facie evidence of the registration and of the due execution of the same. 1877, c. 111, s. 56. Rev. Stat. c. 114.. Certified copies of registered instru used instead of notice. R. S. O. 45. In any action where it would be necessary to produce and prove an original instrument which has been registered in order ments may be to establish such instrument and the contents thereof, the party originals after intending to prove such original instrument may give notice to the opposite party ten days at least before the trial, or other proceeding in which the said proof is intended to be adduced, that he intends at the trial or other proceeding to give in evidence, as proof of the original instrument, a copy thereof certified by the Registrar, under his hand and seal of office, and in every such case the copy so certified shall be sufficient evidence of the original instrument, and of its validity and contents, unless the party receiving the notice within four days after such receipt, gives notice that he disputes the validCosts in such ity of the original instrument, in which case the costs of producing and proving the original may be ordered by the Court or Judge to be paid by any or either of the parties as may be deemed right. R. S. O. 1877, c. 62, s. 46. Exception. cases. Copies of certain documents may be admitted as evidence on certain con ditions. Proviso. Copies of other written Instruments. 46.—(1) In any action, or proceeding, in the cases of telegrams, letters, shipping bills, bills of lading, delivery orders, receipts, accounts and other written instruments used in business and other transactions, where it is necessary to prove the original document, the party intending to prove the original may give notice to the opposite party ten days at least before the trial or other proceeding in which the said proof is intended to be adduced, that he intends at the trial or other proceeding to give in evidence as proof of the contents, an instrument purporting to be a copy of the document. (2) Such copy may then be inspected by the opposite party at some convenient time and place; and in every such case the copy shall without further proof be sufficient evidence of the contents of the original document, and be accepted and taken in lieu of the original, unless the party receiving the notice within four days after the time mentioned therein for such inspection gives notice that he intends to dispute the cor-. rectness or genuineness of the copy at the said trial or proceeding, and to require proof of the original; and the Court or Judge, before whom the question is raised may direct by which of the parties the costs which may thereupon attend any production or proof of the original document according to the rule s of evidence heretofore existing, shall be paid. R. S. O. 1877, c. 62, s. 48. MISCELLANEOUS PROVISIONS. matter pend unal. 47.-(1) Where upon application for this purpose, it is made Witnesses may be orto appear to the High Court or a Judge thereof, or to a County dered to be Court Judge in this Province, that any Court or tribunal examined in of competent jurisdiction in a foreign country has duly relation to any authorized, by commission, order or other process, the obtaining ing before a the testimony in or in relation to any action, suit or proceeding foreign tribpending in or before such foreign Court or tribunal, of any witnesses out of the jurisdiction thereof and within the jurisdiction of the Court or Judge so applied to, such Court or Judge may order the examination before the person appointed, and in a manner and form directed, by the commission, order or other process of such witnesses accordingly; and may by the same order, or a subsequent order, command the attendance of any persons named therein for the purpose of being examined, or the production of any writings or other documents mentioned in the order; and give all such directions as to the time, place and manner of the examination, and all other matters connected there with as may appear reasonable and just; and the order may be enforced, and any disobedience thereof punished, in like manner as in case of an order made by the same Court or Judge in a cause depending in such Court or before such Judge. expenses of (2) Every person whose attendance is so ordered shall be Payment of entitled to the like conduct money and payment for expenses witness. and loss of time as upon attendance at a trial in the High Court. fusal to answer ques ments. (3) Every person examined under such commission or Right of reother process as aforesaid, shall have the like right to refuse to answer questions tending to criminate himself, and any other tions and to questions which, in a case pending in the Court by which or produce docuby a Judge whereof or before the Judge by whom the order for examination was made, the witness would be entitled to refuse to answer; and no person shall be compelled to produce at the examination, any writing or document which he would not be compellable to produce at the trial of such a cause. tion of oath. (4) Where the commission directs, or the instructions of the AdministraCourt accompanying the same, direct that the person to be examined shall be sworn or shall affirm before the commissioner Evidence in actions wherein any person resident in Great Britain is a party. Evidence in actions. Rev. Stat. c. 112, s. 1. Attesting wit ness need not or other person, the commissioner or other person shall have authority to administer an oath or affirmation to the person to be examined as aforesaid. 47 V. č. 10, s. 12. 48. In an action or other proceeding relating to any debt or account (other than an action by or on behalf of Her Majesty), wherein a person residing in Great Britain is a party, the evidence and examination of witnesses on behalf of either or any of the parties to the action or proceeding, shall be the same, and given in the same manner as in other actions or proceedings according to the practice of the Court. 45 V. c. 10, s. 6. 49. It shall not be necessary in an action to produce any evidence which by section 1 of The Act to amend the Law of Vendor and Purchaser and to Simplify Titles, is dispensed with as between vendor and purchaser; and the evidence therein declared to be sufficient as between vendor and purchaser shall be prima facie sufficient for the purposes of such action. R. S. O. 1877, c. 62, s. 49. 50. It shall not be necessary to prove by the attesting witbe called where ness, any instrument to the validity of which attestation is not none was re- requisite, and such instrument may be proved by admission or quired by law. otherwise, as if there had been no attesting witness thereto. R. S. O. 1877, c. 62, s. 50. Comparison of disputed writing with genuine. When instruments offered in evidence may be impounded. 51. Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses; and such writings and the evidence of witnesses respecting the same, may be submitted to the Court and jury, as evidence of the genuineness or otherwise of the writing in dispute. R. S. O. 1877, c. 62, s. 51. 52. Where a document is received in evidence by virtue of this Act, the Court, Judge, Commissioner or other person acting or officiating judicially, who admits the same, may, direct the same to be impounded and kept in the custody of an officer of the Court, or other person, for such period and subject to such conditions as to the Court or person who admits the document seems meet, or until further order touching the same has been made either by such Court or by the Court to which the officer belongs, or by the person or persons who constituted such Court, or by some one of the Judges of the High Court or a County Court (as the case may be), on application made for that purpose. R. S. O. 1877, c. 62, s. 52. [See also the Act to amend the Law of Vendor and Purchaser and to Simplify Titles, Rev. Stat. c. 112.] CHAPTER 62. An Act respecting Commissioners for taking Affidavits and Recognizances. COMMISSIONERS FOR TAKING AFFI DAVITS AND RECOGNIZANCES IN ONTARIO, SS. 1-9. COMMISSIONERS FOR TAKING AFFI- COMMISSIONERS WITHOUT ONTARIO, AUTHORITY OF COMMISSIONERS, s. 12. ss. 10, 11. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: COMMISSIONERS WITHIN ONTARIO. 1. The Justices of the High Court or any two of Appointment of Commissionthem of whom the President of any Division of the said Court ers for taking shall be one are hereby authorized to issue under the seal of the affidavits. Supreme Court commissions, and the commissioners so appointed shall have the same powers as commissioners who have been appointed under any previous statute in that behalf, from time to time empowering such and so many persons as they think fit and necessary in the several counties within Ontario or in any Temporary Judicial District, Provisional Judicial District, Territorial District, or Provisional County, or in any other territory, not being part of any such district or of any county, to take and receive all and every such affidavits and affirmations (in cases where by law an affirmation is allowed) as any person or persons desire to make in or concerning any cause, · matter or thing depending, or in any wise concerning any of the proceedings in the Courts of the Province. R. S. O. 1877, c. 63, s. 1; c. 80 s. 1; 45 V. c. 11, s. 1, part. of commission 2. The Justices aforesaid, may from time to time empower Appointment so many of the said commissioners, or such and so many persons ers for taking as they think fit and necessary to be commissioners in the recognizances several counties in Ontario, to take and receive every such of bail. recognizance of bail as any person may at any time desire to acknowledge or make in any action depending in the High Court or County Court in such manner and form and by such recognizance of bail as the Judges of the said Courts may take. R. S. O. 1877, c. 80, s. 1, part; 45 V. c. 11, s. 1, part. Recognizance to be filed. Recognizances inay be excepted to. Any Judge of the High Court 3. The recognizance of bail, or bail piece so taken as aforesaid, shall be filed in the office of the Clerk or Deputy Clerk of the Crown in the County in which the same has been taken, together with an affidavit of the due taking thereof by some credible person present at the taking thereof. R. S. O. 1877, c. 80, s. 2. 4. Every recognizance so taken and filed shall be of the like effect and subject to exception as to the bail, in like manner and within the same time as if taken in open Court. 1877, c. 80, s. 3. R. S. O. 5. Any Judge of the High Court may take recognizances of bail in any action, which recognizances shall be filed may take bail. as aforesaid without an affidavit, and shall be of the like effect as if taken in open Court. R. S. O. 1877, c. 80, s. 4. and Clerks of The Judges 6. The Judges and clerks of the several County Courts County Courts respectively, may take all affidavits, affirmations and recognimay take affi- zances of bail required to be taken in their respective Courts. R. S. O. 1877, c. 63, s. 6; c. 80, s. 5. davits. Each commissioner to be an officer of the court. Revocation of commission. Commission ers for United 7. Every commissioner for taking affidavits appointed by the High Court shall be deemed to be an officer of the said Court. R. S. O. 1877, c. 63, s. 3. 8. The High Court may revoke the commission of any such commissioner, whether the commission was issued by such Court, or by any Court formerly authorized to issue commissions, and such revocation shall operate as a revocation for all purposes. R. S. O. 1877, c. 63, s. 4. 9.-(1) All commissioners appointed for any union of Counties resi counties, and resident within the junior county, at the time of dent in Junior the separation thereof from the union, may exercise the same County may, after separa powers within the junior county to take and receive affidavits and affirmations and to take and receive bail, as if they had received their commissions or appointments respectively for the junior county at the time of the separation of such union tion, act for Junior County. And for Junior County only. Lieutenant appoint com of counties. (2) No commissioner shall have or exercise any such powers by virtue of his commission, save in the junior county. R. S. O. 1877, c. 63, s. 5; c. 80, s. 7. COMMISSIONERS OUT OF ONTARIO. 10. (1) The Lieutenant-Governor may, by commission Governor may under his hand and seal, from time to time empower such missioners for persons as he thinks fit and necessary to administer oaths and taking affida take and receive affidavits, declarations and affirmations without vits, etc., without Ontario. this Province in or concerning any cause, matter or thing depending or in anywise concerning any of the proceedings |