634
taken before ambassailor, etc., abroa:1.
c. 42 §. 2.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1889.
of Salaries and Allowances to British Consuls at Foreign Ports and the Disbursements at such Ports for certain Public Purposes,” or under the 18 & 19 Vict. Act 18 & 19 Victoria Chapter 42, entitled "An Act to enable British Diplomatic and Consular Agents Abroad to administer Oaths and do Notarial Acts," shall and may be received, read, and made use of in and before the Court in or in relation to any action, cause, matter, or proceeding in or before the Court in like manner, and shall be of the same force and effect, as affidavits and affirmations taken in or before the Supreme Court or by any person duly commissioned or authorized by the Court to take such affidavits or affirmations, and shall be filed and dealt with accordingly.
Copy of entry in banker's book.
20. Subject to the provisions of this section, a copy of an entry in a banker's book shall in all proceedings be received as primâ facie evidence of such entry and of the matters, transactions, and accounts therein recorded,— 42 & 43 Viet. c. 11 s. 3-6.
Power to the Court or Judge to direct copies of entries in banker's book to be taken. Ib. ss. 7, 8.
(1.) provided that such book was, at the time of making the entry, one of the ordinary books of the bank, and the entry was made in the usual and ordinary course of business, and the book is in the custody or control of the bank; such proof may be given by a partner or officer of the bank orally or by an affidavit sworn before any person authorized to take affidavits;
(2.) provided, also, that it is proved, orally or by affidavit sworn as aforesaid, by some person who has examined the copy with the original entry that the copy has been examined with the original entry and is correct; and
(3.) provided, further, that a banker or officer of a bank shall not, in any proceedings to which the bank is not party, be compelled to produce any banker's book the contents of which can be proved under this Ordinance, or to appear as a witness to prove the matters, transactions, or accounts therein recorded, except by order of a Judge made for special cause.
21.-(1.) On the application of any party to any proceedings, the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of such proceedings.
(2.) An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed, unless the Court or Judge otherwise directs.
(3.) The costs of any application to the Court or Judge under or for the purposes of this section, and the costs of anything done or to be done under an order of the Court or Judge made under or for the purposes of this section, shall be in the discretion of the Court or Judge.
(4.) A banker or officer of a bank shall not, in any proceedings to which the bank is not a party, be compelled to produce any banker's book or to appear as a witness to prove the matters, transactions, or accounts therein recorded, unless by order of a Judge made for special cause.
22. Subject to the provisions of this Ordinance, a copy of an entry in a banker's book shall be received in evidence in any proceedings.
23. A certificate signed by a Registrar or other officer of a Court of Justice in any Foreign State or British Colony, or by a British Consul or Consular Agent, to the effect that any document or copy of a document produced to him, or any pleading or other proceeding had or taken in or before such Court, or any affidavit or other document sworn or made before him, is a true copy of the original document, pleading, proceeding, or affidavit, shall be received in evidence in the Colony, and shall be deemed to be a judicial document duly sealed, and the original document, pleading, proceeding, or affidavit shall be admissible in evidence in the Colony without further proof, and shall be deemed to be a document duly authenticated, if the certificate is authenticated by the signature of one of the Judges of such Court, or of the Governor or other Chief Officer of such Colony, or of a Secretary of State, or if the judge has attached his seal thereto. A report to the same effect shall be received in evidence, and the original document, pleading, proceeding, or affidavit shall be admissible in evidence without further proof of the truth of the report, and the document or copy shall be deemed to have been duly authenticated.
24.--(1) Affidavits and other documents sworn or made in any Foreign State or British Colony, depending on the jurisdiction and the purposes for which they are sworn or made, shall be received in evidence.
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