the-ordinances-of-the-legislative-counci-1890v2 — Page 505

EVIDENCE CONSOLIDATION . [ 2 of 1889. ] 1095

The expression Bank shall mean any corporation, company
or society established by charter or, under, or by
virtue of anyAct 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 ordi
nance by an order of the Governor in Council, published
in the Gazelle .
The expression Banker's Book includes any ledger, day
book , cash book , account book , or any other books
used in the ordinary business of the bank.
PART II .
ADMISSIBLE WITNESSES AND EVIDENCE .
4. The following persons only shall be incompetent to give pet
Incom
ency from
evidence in any proceedings : immature age.
(a. ) Children under seven years of age, unless they shall Code
[TheCivil
s 54 ,
appear capable of receiving just impressions of the sub.ec.;
6. ]
facts respecting which they are examined and of
relating them truly :
( 6. ) 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.
5. In all proceedings before the Court the parties and the Partiesand
husbands and wives of the parties thereto, and the persons in husbands
wives of and
whose behalf any proceedings may be brought or instituted or parties to be
opposed or defended, shall except as hereinafter excepted, be witnesse
admissible
s.
competent and compellable to give evidence, either virâ voce or No.
(Ordinance
3 of
by deposition according to the practice of the Court, on behalf sV.g.1,14
, and 15
c. 99,
of either or any of the parties to the proceedings. 8. 2 , 16 and 17
V. c. 83, s. 1.)
6. Nothing herein shall render any husband competent or Exception in
compellable to give evidence for or against bis wife, or any wife criminalcases
competent or compellable to give evidence for or against her s.2, 14 and
husband , in any criminal proceeding: 15 , V. c. 99,
8. 3 , 16 and 17
V. c. 83, s. 2. )
7. In no proceedings shåll a husband be compellable to Exception of
disclose any communication maxle to him by his wiſe during communica.
the marriage nor shall a wife be compellable to disclose any husbands and
communication made to her by her husband during the marriage. wives.
( 16 and 17
V. c. 83, s. 3. ]