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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
Affidavits, &c. taken before Ambassadors,
&c. abroad may be used in Supreme Court.
(18 and 19 V. é. 42 8. 2.)
Banker's book copy of entry evidence.
(No. 3 of 1885, 85. 2, 3, 4 & 5.)
Court or judge
may direct copies to be taken.
(No. 3 of 1885, ss. 6 and 7.)
Certain days excluded from computation of time. (No. 3 of 1885, 8. 9.)
Foreign and colonial acts of state, judgments, &c. provable by cortified copies without proof of seal or signature or judicial character of
signing
pelame.
(No. 3 of 1852 s. 5, 14 and 15 V. c. 99 s. 6.)
or of the signature or of the official character of the person appearing to have signed the same and without any further proof thereof in every case in which the original record could have been received in evidence.
21. Affidavits, affirmations and notarial acts taken and made under the Act of King George the fourth, chapter eighty-seven or under the Act of the 18th and 19th years of Her present Majesty, chapter forty-two, shall and may be received, read and made use of in and before any Court of law or equity or other judicature whatever. in the Colony and the judges and officers thereof, in or in relation to any suit, cause, matter, or proceeding in or before any such court or judicature in like manner, and shall be of the same force and effect, as affidavits and affirmations taken in or before such court or judicature, or by any person duly commissioned or authorized by such court of judica- ture to take such affidavits or affirmations, and shall be filed and dealt with accordingly.
22. 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 fucie evidence of such entry and of the matters, transactions and accounts therein recorded,~
(1.) Provided that such book was at the time of making the entry one of the ordinary books of the bank and that 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. authorised to take affidavits.
(2.) Provided also that it be proved by some person who has examined the copy with the original entry orally or by affidavit sworn as aforesaid that the copy has been examined with the original entry and is correct.
(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 unless by order of a judge made for special cause.
23. On the application of any party to any proceeding 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 such proceedings. An. order under this section may be made either with or with 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 such Court or judge otherwise directs. Provided always that the cost of any application to such Court or judge under or for the purposes of this section, and the cost of anything done or to be done under an order of such Court or judge made under or for the purposes of section shall be in the discretion of such Court or judge, who may order the same or any part thereof to be paid to any party by the bank, where the same have been occasioned by any default or delay on the part of the bank. Any such order against a bank may be enforced as if the bank was a party to the proceeding.
24. Sunday, Christmas Day, Good Friday, and any bank holiday shall be excluded from the computation of time under sections 22 and 23.
25. All proclamations, treaties and other acts of state of any Foreign State or of any other British Colony and all judgments, decrees, orders, and other judicial proceedings of any Court of Justice or any Consulate in any Foreign State or in any other British Colony, and all affidavits, pleadings, and other legal documents filed or deposited in any such Court or Consulate may be proved in the Court either by examined copies or by copies authenticated as hereinafter mentioned; that is to say, if the document sought to be proved be a proclamation treaty, or other act of State, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the Foreign State or British Colony to which the original document belongs, and if the document sought to be proved. be a judgment, decree, order, or other judicial proceeding of any Foreign or Colonial Court, or an affidavit, pleading, or other legal document filed or deposited in any such Court the authenticated copy to be admissible in evidence must pur- port either to be sealed with the seal of the Foreign or Colonial Court or in the event of such Court having no
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