C.C.S.M. c. E150
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| 1
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| Definitions
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| PART I
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| RESPECTING EVIDENCE GENERALLY APPLICATION OF PART
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| 2
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| Application
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| DIVISION I
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| EVIDENCE BY WITNESSES COMPETENCY OF WITNESSES
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| 3
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| No incompetency from interest or crime
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| 4
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| Evidence of parties
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| 5
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| Evidence as to intercourse
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| 6
| (1)
| Incriminating questions
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| (2)
| Evidence not to be used
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| (3)
| "Witness" defined
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| 7
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| Evidence as to adultery
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| 8
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| Communication during marriage
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| 9
| (1)
| Definitions
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| (2)
| Privilege re committee proceedings
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| (3)
| Records not admissible
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| (4)
| Exception
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| (5)
| Members of committees, etc. not excused generally
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| 10
| (1)
| Protection from liability
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| (2)
| Committee member's protection from liability
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| DISCLOSURE OF INFORMATION
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| 10.1
| (1)
| Definition of "legal proceeding"
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| (2)
| Appeal from an order for the disclosure of information
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| (3)
| Application of subsection (2)
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| (4)
| Limitation period
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| (5)
| Appeal
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| (6)
| Limitation period for appeal
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| (7)
| Date of appeal may be expedited
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| 10.2
| (1)
| Definitions
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| (2)
| Objection to disclosure of information
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| (3)
| Obligation of court, person or body
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| (4)
| Objection in Provincial Court or Queen's Bench
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| (5)
| Objection before other body
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| (6)
| Limitation period
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| (7)
| Disclosure order
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| (8)
| Disclosure order where a protected public interest
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| (9)
| Order prohibiting disclosure
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| (10)
| When order takes effect
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| (11)
| Introducing disclosure material into evidence
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| (12)
| Relevant factors
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| (13)
| Appeal to Court of Appeal
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| (14)
| Limitation period for appeal
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| (15)
| Hearing to be private
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| (16)
| Representations at hearing
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| ATTENDANCE OF WITNESSES
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| 11
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| Witness disobeying subpoena liable to action
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| OATHS AND AFFIRMATIONS
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| 12
| (1)
| Who may administer oath
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| (2)
| Court officer may administer oath
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| 13
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| Who may administer oaths and affirmations
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| 14
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| Mode of administering oath
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| 15
| (1)
| Form of oath in giving evidence
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| (2)
| Alternate form of oath
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| 16
| (1)
| Affirmation of witness instead of oath
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| (2)
| Form of affirmation
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| 17
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| Effect of affirming
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| 18
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| Validity of oath, no religious belief
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| EXAMINATION OF WITNESSES
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| 19
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| How far a party may discredit his own witness
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| 20
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| Proof of contradictory written statements
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| 21
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| Proof of contradictory oral statements
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| 22
| (1)
| Proof of previous conviction
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| (2)
| Identity of witness
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| (3)
| Certificate of conviction
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| CAPACITY OF WITNESS
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| 23
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| Repealed
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| 24
| (1)
| Witness whose capacity is in question
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| (2)
| Testimony under oath or solemn affirmation
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| (3)
| Testimony on promise to tell truth
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| (4)
| Inability to testify
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| (5)
| Burden as to capacity of witness
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| MISCELLANEOUS PROVISIONS RESPECTING WITNESSES
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| 25
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| Limit of number of expert witnesses in action
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| 26
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| Evidence of mutes
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| DIVISION II
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| TAKING OF EVIDENCE
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| 27
| (1)
| Recording of evidence, etc.
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| (2)
| Authority of Minister of Justice
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| (3)
| Admissibility of transcript
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| 28
| (1)
| Destruction of records after 30 days
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| (2)
| Destruction of records after period prescribed
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| (3)
| Order for preservation of records
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| DIVISION III
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| JUDICIAL NOTICE
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| 29
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| Judicial notice taken of statutes and ordinances
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| 30
| (1)
| Judicial notice of certain laws and statutes
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| (2)
| Determining laws
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| 31
| (1)
| Judicial notice to be taken of signatures of judges, etc.
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| (2)
| Who to be deemed judges
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| 32
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| Proof of handwriting, when not required
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| DIVISION IV
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| EVIDENCE BY DOCUMENTS CONSTRUCTION
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| 33
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| Construction of this Division
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| PROOF OF STATE DOCUMENTS
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| 34
| (1)
| Definitions
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| (2)
| Proof of Imperial state document
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| (3)
| Proof of federal or provincial state document
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| (4)
| Proof of state document of Commonwealth or foreign state
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| (5)
| Proof of signature or office unnecessary
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| OFFICIAL DOCUMENTS
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| 35
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| Copies of records and books of government departments as evidence
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| 36
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| Entries in books in government offices
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| 37
| (1)
| Copies of public books or documents
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| (2)
| Copies to be delivered if required
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| JUDICIAL PROCEEDINGS
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| 38
| (1)
| Evidence of judicial proceedings
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| (2)
| Identity of person presumed
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| (3)
| Authentication of certificate
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| CORPORATION DOCUMENTS
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| 39
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| Proof of official or public documents
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| NOTARIAL DOCUMENTS
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| 40
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| Copies of notarial acts in Quebec admissible
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| 41
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| How impeached
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| 42
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| Effect of protest as evidence
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| 43
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| Effect of certain certificates of notaries
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| CERTIFICATES UNDER THE CANADA GRAIN ACT
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| 44
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| Certificate of inspecting officer under The Canada Grain Act
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| 45
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| Extract from inspector's record
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| 46
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| Certificate by weighmaster
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| 47
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| Extract from weighmaster's record
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| BANK BOOKS
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| 48
| (1)
| Copy of bank books, etc., as evidence
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| (2)
| Proof
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| (3)
| Method of proof
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| (4)
| Bank and officers when bank not party
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| (5)
| Order for inspection
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| (6)
| Notice of inspection
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| (7)
| Costs
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| (8)
| Enforcement of order
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| (9)
| Holidays
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| (10)
| Definition of "financial institution"
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| 49
| (1)
| Definitions
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| (2)
| Where business records admissible
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| (3)
| Notice of intention to produce
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| (4)
| Surrounding circumstances
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| (5)
| Previous rules as to admissibility, etc.
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| 50
| (1)
| Medical reports
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| (2)
| Report required
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| (3)
| Right to cross-examine
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| (4)
| Where a doctor called unnecessarily
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| 51
| (1)
| Definitions
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| (2)
| Admissibility in evidence of photographic print
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| (3)
| Refusal to admit by court
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| (4)
| Where subsec. (3) not applicable
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| (5)
| Manner of proof
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| 51.1
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| Definitions
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| 51.2
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| Authentication of electronic documents
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| 51.3
| (1)
| Application of best evidence rule to electronic documents
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| (2)
| Printouts
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| 51.4
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| Presumption of integrity
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| 51.5
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| Presumptions regarding electronic signatures
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| 51.6
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| Standards may be considered
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| 51.7
| (1)
| Proof by affidavit
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| (2)
| Cross examination
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| 51.8
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| Application
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| WILLS
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| 52
| (1)
| Method of proving wills
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| (2)
| Saving
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| 53
| (1)
| Proof of death of members of Canadian Forces
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| (2)
| Proof of service of members of Canadian Forces
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| MERCANTILE DOCUMENTS
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| 54
| (1)
| Proof of certain documents
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| (2)
| Inspection
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| MISCELLANEOUS PROVISIONS RESPECTING DOCUMENTS
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| 55
| (1)
| Where no attestation required
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| (2)
| How proved
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| 56
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| Comparison of disputed writing with genuine
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| 57
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| Where instruments offered in evidence may be impounded
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| ADMISSIBILITY OF CERTAIN DOCUMENTARY EVIDENCE
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| 58
| (1)
| Admissibility of documentary evidence as to facts in issue
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| (2)
| Exception
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| (3)
| Where full compliance with subsection (1) not required
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| (4)
| Statement must be prior to proceedings
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| (5)
| Statement must be authenticated by maker
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| (6)
| Discretion of court respecting admissibility of statement
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| 59
| (1)
| Weight to be attached to evidence
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| (2)
| Document not to corroborate evidence of maker
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| 60
| (1)
| Interpretation
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| (2)
| Saving
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| DIVISION V
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| EVIDENCE BY AFFIDAVIT OR DECLARATION
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| STATUTORY DECLARATIONS
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| 61
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| Statutory declarations
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| AFFIDAVITS, AFFIRMATIONS AND DECLARATIONS
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| 62
| (1)
| Affidavit, etc., to be taken within province
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| (2)
| Designation of office
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| (3)
| Oaths, etc., administered by commissioned officers
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| (4)
| Admissibility
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| 63
| (1)
| Oaths, etc., administered outside province
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| (2)
| Oaths, etc., administered outside Manitoba by Manitoba officers
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| (3)
| Admissibility
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| ADMINISTRATION OF OATHS
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| 64
| (1)
| Mode of taking affidavits, affirmations, and declarations
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| (2)
| Form of oath, etc.
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| (3)
| Jurat to state time and place
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| (4)
| Special forms of jurat
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| FORM OF JURAT — INCAPABLE OF READING AFFIDAVIT OR DECLARATION
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| FORM OF JURAT — TWO OR MORE DEPONENTS OR DECLARANTS
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| FORM OF JURAT — PERSON INCAPABLE OF WRITING NAME
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| FORM OF JURAT — INTERPRETER USED
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| 65
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| Penalty for improper use of affidavits, etc.
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| 66
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| Formal defects, when not to vitiate
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| AFFIDAVIT OF SERVICE AS EVIDENCE
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| 67
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| Affidavits of service to be prima facie evidence
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| 68
| (1)
| Where acknowledgment before notary sufficient
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| (2)
| Alternate acknowledgement
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| DIVISION VI
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| CRIMINAL ORGANIZATIONS
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| 68.1
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| Definitions
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| 68.2
| (1)
| Schedule of criminal organizations
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| (2)
| Entry on schedule of criminal organizations
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| (3)
| Recommendation process
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| 68.3
| (1)
| Scheduled entity deemed to be criminal organization
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| (2)
| Clarification
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| (3)
| No inference if entity not on schedule
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| 68.4
| (1)
| Application
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| (2)
| Contents of application
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| (3)
| Identifying entity
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| 68.5
| (1)
| Notice of application
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| (2)
| Contents of notice
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| (3)
| Publication of notice
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| 68.6
| (1)
| Objection process
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| (2)
| Contents of summary statement
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| (3)
| Restriction on summary statement
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| (4)
| Copy of decision or order
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| (5)
| Submissions by objector
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| 68.7
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| Submission of material
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| 68.8
| (1)
| Determination by review panel
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| (2)
| Review panel report
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| 68.9
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| Recommendation by minister
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| 68.10
| (1)
| Request for removal from schedule
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| (2)
| Content of request
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| (3)
| Director's statement
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| (4)
| Response to director's statement
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| (5)
| Referral to review panel
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| (6)
| Decision by review panel
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| (7)
| Recommendation
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| (8)
| Restriction on requests
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| 68.11
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| No appeal or judicial review
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| 68.12
| (1)
| Mistaken identity
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| (2)
| Certificate
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| 68.13
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| Director
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| 68.14
| (1)
| Review panel
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| (2)
| Chair
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| (3)
| Panel proceedings confidential
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| 68.15
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| Director and panel not compellable
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| 68.16
| (1)
| No access under Freedom of Information Act
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| (2)
| Director may collect information
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| (3)
| Disclosure of information
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| (4)
| Agreements re disclosure of information
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| (5)
| Interpretation
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| 68.17
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| Regulations
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| PART II
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| RESPECTING COMMISSIONERS FOR OATHS
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| APPOINTMENT
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| 69
| (1)
| Minister may appoint persons to take affidavits
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| (2)
| Title of commissioner
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| 70
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| Officer of court
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| POWERS OF COMMISSIONER
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| 71
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| Extent of commissioner's authority
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| COMMISSION OF COMMISSIONER
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| 72
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| Duration of and fee for commission
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| 73
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| Fee on renewal
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| 74
| (1)
| Date of expiry to appear on document
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| (2)
| Fine for failure
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| PART III
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| RESPECTING NOTARIES PUBLIC
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| APPOINTMENT
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| 75
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| Minister may appoint notaries
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| 76
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| Fee payable for appointment of Notary
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| 77
| (1)
| Duration of commission
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| (2)
| Effect of disbarment, etc.
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| (3)
| Expiration after 2 years
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| 78
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| Renewal fee
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| 79
| (1)
| Date of expiration of commission noted
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| (2)
| Penalty
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| AUTHORITY OF NOTARY
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| 80
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| Power of notary
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| 81
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| Officer of court and commissioner
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| PART IV
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| ISSUED ABROAD
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| 82
| (1)
| Examination of witnesses under commissions from courts abroad
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| (2)
| Payment of expenses of witness
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| (3)
| Right of refusal to answer questions and to produce documents
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| PART V
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| RESPECTING COMMISSIONERS APPOINTED FOR PUBLIC INQUIRIES
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| APPOINTMENT
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| 83
| (1)
| Appointment of commission
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| (2)
| Altering commission
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| (3)
| Inquiry into elections
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| (4)
| Inquiry into conduct of person preferring charges
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| 84
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| Death or retirement of commissioner
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| 85
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| Commissioner's oath or affirmation of office
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| 86
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| Notice of appointment of commission
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| 87
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| Protection of commissioners
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| POWER OF COMMISSIONERS
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| 88
| (1)
| Powers to summon witnesses
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| (2)
| Witnesses to be examined under oath
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| 89
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| Commissioner may view premises
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| 90
| (1)
| Warrant for non-appearance
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| (2)
| Warrant in first instance
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| 91
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| Committal for refusal to testify
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| 92
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| Police to assist commissioners
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| 93
| (1)
| Services of experts
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| (2)
| Deputies and officials
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| (3)
| Powers of deputies
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| 94
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| Searches free
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| STATED CASE
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| 95
| (1)
| Stated case for Court of Appeal
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| (2)
| Order directing stated case
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| (3)
| Proceedings stayed until case determined
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| (4)
| Action or injunction not to lie against commissioner
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| RULES AND REGULATIONS
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| 96
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| Power to make rules
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| SCHEDULE
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| FORM A
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| CERTIFICATE AS TO ACKNOWLEDGMENT OF MAKER OF INSTRUMENT
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| FORM B
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| CERTIFICATE AS TO DECLARATION OF PARTY TO INSTRUMENT, ETC.
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