1937_EVIDENCE_ORDINANCE__1889 — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

296

No. 2 of 1889.

EVIDENCE.

Admissibility of notarial acts done be with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the enactment, without any proof of the seal or stamp where a seal or stamp is necessary, 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.

19. Every oath, affidavit, and notarial act, administered, sworn, or done, under or in accordance with the provisions of fore British section 6 of the Commissioners for Oaths Act, 1889, as amended diplomatic and consular by section 2 of the Commissioners for Oaths Act, 1891, shall be as effectual as if duly administered, sworn, or done by or before any lawful authority in the Colony.

officers.

52 Vict. c. 10, s. 6 (1); 54 & 55 Vict. c. 50, s. 2.

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: Provided-

42 & 43 Vict. c. 11, ss. 3, 6.

Court or judge.

(1) 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) 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) 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, judge may the court or a judge may order that such party be at liberty

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296 No. 2 of 1889. EVIDENCE. Admissibility of notarial acts done be with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the enactment, without any proof of the seal or stamp where a seal or stamp is necessary, 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. 19. Every oath, affidavit, and notarial act, administered, sworn, or done, under or in accordance with the provisions of fore British section 6 of the Commissioners for Oaths Act, 1889, as amended diplomatic and consular by section 2 of the Commissioners for Oaths Act, 1891, shall be as effectual as if duly administered, sworn, or done by or before any lawful authority in the Colony. officers. 52 Vict. c. 10, s. 6 (1); 54 & 55 Vict. c. 50, s. 2. 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: Provided- 42 & 43 Vict. c. 11, ss. 3, 6. Court or judge. (1) 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) 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) 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, judge may the court or a judge may order that such party be at liberty
Baseline (Original)
296 No. 2 of 1889. EVIDENCE. Admissibility of notarial acts done be with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the enactment, without any proof of the seal or stamp where a seal or stamp is necessary, 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. 19. Every oath, affidavit, and notarial act, administered, sworn, or done, under or in accordance with the provisions of fore British section 6 of the Commissioners for Oaths Act, 1889, as amended diplomatic and consular by section 2 of the Commissioners for Oaths Act, 1891, shall be as effectual as if duly administered, sworn, or done by or before any lawful authority in the Colony. officers. 52 Vict. c. 10, s. 6 (1); 54 & 55 Vict. c. 50, s. 2. 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, c. 11, ss. 3.6. transactions, and accounts therein recorded: Provided- 42 & 43 Vict. Court or (1) 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) 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) 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, judge may the court or a judge may order that such party be at liberty
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296

No. 2 of 1889.

EVIDENCE.

Admissibility of notarial

acts done be

with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the enactment, without any proof of the seal or stamp where a seal or stamp is necessary, 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.

19. Every oath, affidavit, and notarial act, administered, sworn, or done, under or in accordance with the provisions of fore British section 6 of the Commissioners for Oaths Act, 1889, as amended diplomatic and consular by section 2 of the Commissioners for Oaths Act, 1891, shall be as effectual as if duly administered, sworn, or done by or before any lawful authority in the Colony.

officers.

52 Vict.

c. 10, s. 6 (1); 54 & 55 Vict. c. 50, s. 2.

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, c. 11, ss. 3.6. transactions, and accounts therein recorded: Provided-

42 & 43 Vict.

Court or

(1) 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) 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) 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, judge may the court or a judge may order that such party be at liberty

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