Acts and Regulations

E-11 - Evidence Act

Full text
Notices of sale
85(1)Any notice of sale under a power contained in a mortgage, duly registered or filed under the provisions of the Registry Act with the certificate of proof and affidavit endorsed thereon, or attached thereto, with the certificate of the registrar thereon, as required and provided by the said Act or a copy of the registry thereof, if such notice is registered under the provisions of said Act, duly certified by the registrar, shall on production without further proof either of the signature to the notice or to the certificate of the proof or of the signature of the registrar, be received in all courts as prima facie evidence of the signing of the said notice by the person or persons purporting to have signed the same, or of the execution of such notice by a corporation as the case may be, and of the giving or publication of said notice, as set forth in such affidavit, but where a certified copy is offered, or intended to be given in evidence, notice thereof, as required by section 80 shall first be given, with an affidavit either that the original notice or instrument is not in the possession of the person offering the same, his agent or attorney, and that he does not know where the same is to be found, or that the same is on file in the registry office of the county where the lands lie.
85(2)Where such notice of sale has been executed under a power of attorney, it is necessary to prove the execution and the due registry or filing of such power of attorney, and such proof may be given by production of a copy of the registry of such power of attorney, duly certified by the registrar, or by the production of the original with a certificate of the registry or filing thereof by the registrar.
85(3)In case of a certified copy of the registry of such power of attorney the like notice shall be given of intention to offer the same in evidence as is required in the case of a certified copy of the notice of sale.
85(4)The signature of the registrar to any certificate mentioned in this section need not be proved.
R.S., c.74, s.76
Notices of sale
85(1)Any notice of sale under a power contained in a mortgage, duly registered or filed under the provisions of the Registry Act with the certificate of proof and affidavit indorsed thereon, or attached thereto, with the certificate of the registrar thereon, as required and provided by the said Act or a copy of the registry thereof, if such notice is registered under the provisions of said Act, duly certified by the registrar, shall on production without further proof either of the signature to the notice or to the certificate of the proof or of the signature of the registrar, be received in all courts as prima facie evidence of the signing of the said notice by the person or persons purporting to have signed the same, or of the execution of such notice by a corporation as the case may be, and of the giving or publication of said notice, as set forth in such affidavit, but where a certified copy is offered, or intended to be given in evidence, notice thereof, as required by section 80 shall first be given, with an affidavit either that the original notice or instrument is not in the possession of the person offering the same, his agent or attorney, and that he does not know where the same is to be found, or that the same is on file in the registry office of the county where the lands lie.
85(2)Where such notice of sale has been executed under a power of attorney, it is necessary to prove the execution and the due registry or filing of such power of attorney, and such proof may be given by production of a copy of the registry of such power of attorney, duly certified by the registrar, or by the production of the original with a certificate of the registry or filing thereof by the registrar.
85(3)In case of a certified copy of the registry of such power of attorney the like notice shall be given of intention to offer the same in evidence as is required in the case of a certified copy of the notice of sale.
85(4)The signature of the registrar to any certificate mentioned in this section need not be proved.
R.S., c.74, s.76