448
No. 2 of 1889.
Court or Judge may direct copies of entries in banker's book to be taken.
[42 & 43 Vict. c. 11 ss. 7, 8.]
Certain days not to be counted. [ib. s. 11.]
*
EVIDENCE.
(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 authorised 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 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, 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 3 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, 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 default or delay on the part of the bank.
(4) Any such order against a bank may be enforced as if the bank were a party to the proceeding.
22. General holidays, within the meaning of Ordinance No. 5 of 1912, shall be excluded from the computation of time under sections 20 and 21.
As amended by the Final Revision Ordinance 1912.
448
No. 2 of 1889.
Court or Judge may direct copies
of entries in banker's
book to be taken.
[42 & 43 Vict.
c. 11 ss. 7, 8.]
Certain days not to be counted. [ib. s. 11.]
*
EVIDENCE.
(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 authorised to take affidavits;
(2) provided, also, that it is proyed, 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 ori- ginal 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, ex- cept 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 3 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, 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 default or delay on the part of the bank.
(4) Any such order against a bank may be enforced as if the bank were a party to the proceeding.
22. General holidays, within the meaning of Ordinance No. 5 of 1912, shall be excluded from the computation of time under sections. 20 and 21.
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As amended by the Final Revision Ordinance 1912.
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