Acts and Regulations

E-11 - Evidence Act

Full text
Party out of the Province
81Where a party, desirous of giving in evidence a certified copy of an instrument registered in any registry office in the Province, resides out of the Province, or at the time of the making of the affidavit is without the Province, his agent in the Province or attorney in the suit, may make an affidavit of the non-residence of such person, and that he, the agent or attorney, as the case may be, has not the possession of the original instrument and does not know where the same is or may be found, and that he has reason to believe that such person has not the original instrument in his possession, and does not know where the same is or may be found, and that the person whose agent or attorney he is has not gone without the Province for the purpose of avoiding the making of such affidavit, and on service upon the adverse party, or his attorney or agent, of the copies of affidavit and notice, and upon the affidavit of such service, as required by section 80, such certified copy shall be received in evidence as fully and effectually as if the party had himself made the affidavit and given the notice required by section 80.
R.S., c.74, s.72