Acts and Regulations

E-11 - Evidence Act

Full text
Copies of foreign letters patent or certificate of incorporation
53A certificate purporting to be that of a notary public, under his notarial seal of office, to the effect that the document to which it is attached is a true copy or transcript of any letters patent, or where incorporation is obtained by the filing in the proper office of a certificate of incorporation, or of any other document purporting to incorporate any joint stock company, society or association under any law of the United Kingdom of Great Britain and Northern Ireland, or of Canada, or of any province of Canada, or of any British Dominion or Colony, or of any State of the United States of America, that it is a true copy of a certificate of incorporation duly filed in the proper office, or that the document to which it is attached is a true copy or transcript of a certificate purporting to be that of the Secretary of State of any State in the United States of America, where such company, society or association is incorporated, under what purports to be the seal of such Secretary of State, and whether such letters patent, certificate or incorporation, or other document is made or issued before or after the passing of this Act, and upon it being further certified by such notary public as aforesaid, that he has himself compared such copy of letters patent, certificate of incorporation or other document with the original, and that the same is a true copy thereof, such certificate is prima facie evidence that the letters patent, certificate of incorporation or other document so certified, is a true copy of such letters patent, certificate of incorporation or other document, respectively, and such certified copy may be given in evidence in all courts in this Province, and in all proceedings whatsoever over which the Legislature has legislative authority; if, in all causes in The Court of King’s Bench of New Brunswick, a copy of such certified copy of letters patent, certificate of incorporation or other document, and of the certificate of such notary public, is served upon the attorney of the opposite party, at least ten days before the same is offered in evidence, with a notice of the intention to offer such copy in evidence upon the trial or hearing of any cause in the said Court.
R.S., c.74, s.45; 1979, c.41, s.46; 2023, c.17, s.78
Copies of foreign letters patent or certificate of incorporation
53A certificate purporting to be that of a notary public, under his notarial seal of office, to the effect that the document to which it is attached is a true copy or transcript of any letters patent, or where incorporation is obtained by the filing in the proper office of a certificate of incorporation, or of any other document purporting to incorporate any joint stock company, society or association under any law of the United Kingdom of Great Britain and Northern Ireland, or of Canada, or of any province of Canada, or of any British Dominion or Colony, or of any State of the United States of America, that it is a true copy of a certificate of incorporation duly filed in the proper office, or that the document to which it is attached is a true copy or transcript of a certificate purporting to be that of the Secretary of State of any State in the United States of America, where such company, society or association is incorporated, under what purports to be the seal of such Secretary of State, and whether such letters patent, certificate or incorporation, or other document is made or issued before or after the passing of this Act, and upon it being further certified by such notary public as aforesaid, that he has himself compared such copy of letters patent, certificate of incorporation or other document with the original, and that the same is a true copy thereof, such certificate is prima facie evidence that the letters patent, certificate of incorporation or other document so certified, is a true copy of such letters patent, certificate of incorporation or other document, respectively, and such certified copy may be given in evidence in all courts in this Province, and in all proceedings whatsoever over which the Legislature has legislative authority; if, in all causes in The Court of Queen’s Bench of New Brunswick, a copy of such certified copy of letters patent, certificate of incorporation or other document, and of the certificate of such notary public, is served upon the attorney of the opposite party, at least ten days before the same is offered in evidence, with a notice of the intention to offer such copy in evidence upon the trial or hearing of any cause in the said Court.
R.S., c.74, s.45; 1979, c.41, s.46