EVIDENCE.
No. 2 of 1889.
291
2. In this Ordinance,
(a) "Bank" means any corporation, company, or society established by charter or under or by virtue of any Act of Parliament or Ordinance, lawfully carrying on the business of bankers, or any foreign banking company carrying on business in this Colony and recognized as such for the purposes of this Ordinance by an order of the Governor in Council published in the Gazette.
(b) "Banker's book" includes any ledger, day book, cash book, account book, or any other book used in the ordinary business of the bank.
Interpretation.
[cf. No. 39 of 1932, s. 334(1).]
[cf. post, s. 42]
(c) "The court" includes the Chief Justice and any other judge, also every magistrate, justice, officer of any court, commissioner, arbitrator, or other person having, by law or by consent of parties, authority to hear, receive, and examine evidence with respect to or concerning any action, suit, or other proceeding civil or criminal, or with respect to any matter submitted to arbitration or ordered to be inquired into or investigated under any commission.
[cf. 14 & 15 Vict. c. 99, s. 16.]
PART I.
ADMISSIBLE WITNESSES AND EVIDENCE.
3. The following persons only shall be incompetent to give evidence in any proceedings:-
Incompetency from immature age or unsoundness of mind.
(1) children under seven years of age, unless they appear capable of receiving just impressions of the facts respecting which they are examined and of relating them truly; and
(2) persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness without the consent previously obtained of the court or person before whom his attendance is required.
For orders under this paragraph see G.N. 717 of 18.12.25, G.Ns. 493 and 494 of 7.9.28, G.N. 942 of 14.12.34, G.N. 5 of 4.1.35, and G.N. 441 of 15.5.36.