Question 611.— What does witnessing a man's mark imply, identification of the man, or merely that the witness saw the mark made?

Answer.—Where the person making the mark is described in the document, the witnessing of his signature or mark implies prima facie that the person signing or making the mark is the person described in the document. For instance—if he were described as John Smith, lumberman, of Ottawa, the implication would be that the witness saw a John Smith, lumberman, of Ottawa, sign or make his mark. The implication would not be conclusive; evidence would be admissible to show that the person actually signing or making his mark was not the person described in the document. If the person be not described in the document, then the witnessing of his signature or mark merely implies that the witness saw the signature or mark made by an individual of that name. The identity of the individual with the person claimed to be a party to the instrument would have to be proven.