Copies of other Written Instruments. telegrams, delivery orders, 51.-(1) A party intending to prove the original of a Proof of telegram, letter, shipping bill, bill of lading, delivery order, shipping bills, receipt, account or other written instrument used in business bills of lading, or other transactions, may give notice to the opposite etc. party ten days at least before the trial or other proceeding in which the proof is intended to be adduced that he intends to give in evidence as proof of the contents a writing purporting to be a copy of the document and in the notice shall name some convenient time and place for the inspection thereof. (2) Such copy may then be inspected by the opposite Inspection party, and 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 for such inspection gives notice that he intends to dispute the correctness or genuineness of the copy at the trial or proceeding, and to require proof of the original; and the costs attending any production or proof of the original document shall be in the discretion of the court. [1910(2), c. 3, s. 50.] Miscellaneous. of witnesses to any matter a foreign 52.-(1) When on application to the Supreme Court Nomination or a judge thereof, or to a judge of a District Court, it is in relation made to appear that any court or tribunal of competent pending before jurisdiction in a foreign country has duly authorized, tribunal by commission, order or other process, the obtaining of the testimony in or in relation to any action, suit proceeding or inquiry pending in or before such foreign court or tribunal, of a witness 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 of such witness before the person appointed, and in the manner and form directed by the commission, order or other process; and may by the same or by a subsequent order command the attendance of any person named therein for the purpose of being examined, or the production of any writing, other document or thing mentioned in the order; and may give all such directions as to the time and place of the examination, and all other matters connected therewith as may seem proper; and the order may be enforced, and any disobedience thereto punished, in like manner as in case of an order made by the same court or judge in an action pending in such court or before such judge. expenses of (2) A person whose attendance is so ordered shall be Payment of entitled to the like conduct money and payment for ex- witnesses penses and loss of time as upon attendance at a trial in the Supreme Court. Refusal to answer questions and to produce documents Administration of oath Attesting witness Comparison of disputed writing with genuine Impounding documents received in evidence Recitals twenty years old Construction of Act (3) A person examined under such commission, order or other process, shall have the right to object to answer and refuse to answer any questions which he would be entitled to object or to refuse to answer in an action pending in the court by which or by a judge whereof the order for examination was made; and no person shall be compelled to produce at the examination any writing, document or thing which he would not be compellable to produce at the trial of such an action. (4) Where the commission, order or other process or the instructions of the court accompanying the same direct that the person to be examined shall be sworn or shall affirm the person appointed to examine him shall have authority to administer the oath to him or take his affirmation. [1910(2), c. 3, s. 51.] 53. It shall not be necessary to prove by the attesting witness an instrument to the validity of which attestation is not requisite. [1910(2), c. 3, s. 52.] 54. Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine shall be permitted to be made by a witness; and such writings and the evidence of witnesses respecting the same may be submitted to the court or jury as evidence of the genuineness or otherwise of the writing in dispute. [1910(2), c. 3, s. 53.] 55. Where a document is received in evidence the court admitting the same may direct that it be impounded and kept in such custody for such period and subject to such conditions as may seem proper or until the further order of the court or of the Supreme Court or a judge thereof or of a District Court (as the case may be). [1910(2), c. 3, s. 54.] 56. In the completion of any contract of sale of land, recitals, statements of facts and matters and descriptions of parties, contained in deeds, instruments, Acts or statutory declarations twenty years old at the date of the contract, shall, subject to any stipulations to the contrary in such contract, and unless and except so far as they are proved to be inaccurate, be taken to be sufficient evidence of the truth of such recitals, statements and descriptions. [1910(2), c. 3, s. 55.] 57. The provisions of this Act shall not be taken to exclude any method of proving documents or facts in any way in which they may by law be proved. [1910(2), c. 3, s. 56.] death of Canadian Force 58. The production of a certificate in writing signed Evidence of by the officer in charge of estates of the Canadian Overseas member of Expeditionary Forces, or by the director or other head of Expeditionary the Record Office at the Military Headquarters, Ottawa, or by any officer designated by the Governor General in Council for that purpose, stating that the person named in the certificate was a member of the Canadian Expeditionary Forces, and died while overseas, and that he has been officially reported dead, shall be sufficient evidence of the death of such person for any purpose to which the authority of the Legislature of Alberta extends. [1919, c. 4, s. 26.] Short title CHAPTER 88. An Act to Prevent Priority among Execution HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. 1. This Act may be cited as "The Creditors' Relief Act." [1910(2), c. 4, s. 1.] Interpretation. Interpretation District Execution Judge Sheriff Substitution of another judge for disqualified judge 2. (1) In this Act, unless the context otherwise requires, (a) "District" shall mean a judicial district; (b) "Execution" shall include a writ of fieri facias and every subsequent writ for giving effect thereto; (c) "Judge" shall mean a judge of the District Court of the district, the sheriff of which is required to take the proceedings directed by this Act; (d) "Sheriff" shall include any officer to whom an execution is directed. (2) Where a judge is disqualified to act in a matter arising under this Act a judge of the District Court of an adjoining district shall have jurisdiction to act in his place. [1910(2), c. 4, s. 2.] Priority. No priority among execution creditors Attachment for benefit of all creditors Payment to sheriff 3. Subject to the provisions hereinafter contained there shall be no priority among creditors by execution from the Supreme Court or from a District Court. [1910(2), c. 4, s. 3.] Provisions as to Attachment and Execution. 4. (1) A creditor who attaches a debt shall be deemed to do so for the benefit of all creditors of his debtor as well as for himself. (2) Payment of such debt shall be made to the sheriff of the district in which the garnishee resides; or if there are more garnishees than one in respect of the same debt then to the sheriff of the district in which any one of them resides. to attachments judgment (3) This section save in so far as is hereinafter otherwise No application expressly enacted shall not apply in the case of the attach- before ment of any debt before judgment, nor to any attachment and in small of a debt in a small debt case whether before or after judg- debt cases ment, unless, before the amount recovered by the garnishee proceedings is actually received by the creditor, an execution against the property of the debtor is placed in the hands of the sheriff of such district. to sheriff who execution on (4) Where money is paid to a sheriff in whose hands there Money paid is no execution against the property of the debtor, and there has no is in the hands of the sheriff of another district an execution execu against the property of the debtor, the Court or a judge on the application of such last mentioned sheriff or of a creditor or of the debtor may direct, on such terms as to costs and otherwise as may seem just, that such money be paid over to such last mentioned sheriff to be distributed by him as if such money had then been paid to him by the garnishee; and the Court or judge shall fix the compensation to be paid to the sheriff by whom the money was received from the garnishee for his services. into Court creditor (5) Where money which a sheriff is entitled to receive Money paid under the provisions of this section has been paid into District any Court the sheriff shall be entitled to demand and receive the same from the Clerk of such Court for the purpose of distributing it under the provisions of this Act. (6) An attaching creditor shall be entitled to share in Attaching respect of his claim against the debtor in any distribution to share made under the provisions of this Act, but his share shall creditors not exceed the amount recovered by his garnishee proceedings unless he has in due time placed an execution or a certificate given under this Act in the sheriff's hands. (7) The sheriff shall be entitled to poundage upon money Sheriff's received and distributed by him under the provisions of this section at the rate of one and a quarter per cent. and no more. with other poundage sheriff of debt from creditor (8) If an attached debt which the sheriff is entitled to Recovery by receive, or any part of it, is received by the attaching attached creditor, the sheriff may recover the same from him and attaching the Clerk of any Court shall not pay to the creditor attaching a debt before judgment or to a creditor at any time attaching a debt in a small debt case any moneys recovered by the garnishee proceedings unless such attaching creditor produces a certificate from the sheriff of the district that there is no execution in his office against the goods or lands of the debtor. [1910(2), c. 4, s. 4; 1911-12, c. 4, s. 37.] sheriff 5.-(1) Where a sheriff levies money under an execution Entry by against the property of a debtor, or receives money under after levy proceedings had and taken under the Rules of Court relating to the attachment of personal property of an abscond |