1836
Copy to be
from ordinary
book, [*Sic.]
Copy to be certified. [*Sic.]
Not compulsory to produce original.
Court or Judge
may direct copies to be taken.
Costs.
Interpretation of the terms
"bank,"
"banker," and "banker's books"
ORDINANCE No. 3 OF 1885.
Bankers' Books Evidence.
3. A copy of an entry in a banker's book shall not be received in evidence under this* Act unless it be first proved that the 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 that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any person authorized to take affidavits.
4. A copy of an entry in a banker's book shall not be received in evidence under this* Act unless it be further proved that the copy has been examined with the original entry and is correct.
Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any person authorized to take affidavits.
5. A banker or officer of a bank shall not, in any legal proceeding to which the bank is not a 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.
6. On the application of any party to a legal proceeding a Court or 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 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.
7. The cost of any application to a Court or Judge under or for the purposes of this Ordinance, and the cost of anything done or to be done under an order of a Court or Judge made under or for the purposes of this Ordinance, shall be in the discretion of the 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.
8. In this Ordinance the expression "bank" shall mean 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.
Expressions in this Ordinance relating to "banker's books" include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank.
The expression "legal proceeding" means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration;
1836
Copy to be
from ordinary
book, [*Stc.]
Copy tobe certified. [*Sic.]
Not compuls: ry to produce original.
Court or Judge
nay direct coples to be faken.
Costs.
Interpretation- of the terms
bank,"
banker," and "banker's books"
ORDINANCE No. 3 OF 1885.
Bankers' Books Evidence.
3. A copy of an entry in a banker's book shall not be received in evidence under this* Act unless it be first proved that the 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 that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any person authorized to take affidavits.
4. A copy of an entry in a banker's book shall not be received in evidence under this* Act unless it be further proved that the copy has been examined with the original entry and is correct.
Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any person authorized to take affidavits.
5. A banker or officer of a bank shall not, in any legal proceeding to which the bank is not a 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.
6. On the application of any party to a legal proceeding a Court or 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 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.
7. The cost of any application to a Court or Judge under or for the purposes of this Ordinance, and the cost of anything done or to be done under an order of a Court. or Judge made under or for the purposes of this Ordinance, shall be in the discretion. of the Court of Judge, who may order the same or any part thereof to be paid to apy 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.
8. In this Ordinance the expression "bank" shall mean 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.
Expressions in this Ordinance relating to "banker's books" include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank.
The expression "legal proceeding" means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration; the
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