the-ordinances-of-the-legislative-counci-1890v2 — Page 509

EVIDENCE CONSOLIDATION . [ 2 of 1889. ] 1099

necessary or of the signature or of the official character of the
person appearing to have signe i the sume 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 Aflidavits, &c.
taken before
under the Act of King George the fourth, chapter eighty -seven ambassadors,
or under the Act of the 18th and 19th years of Her present &c., abroad
Majesty, chapter forty -two, shall and may be received, read and inmay be used
ma le use of in and before any Court of law or equity or other [Court.
18 and 19 V.
judicature whatever in the Colony and the judges and officers ..c 12,s.2.
, ]
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 judicature 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 Banker's book
copyofentry
entry in a banker's book shall in all proceedings be received as evidence.
primâ facie evidence of such entry and of the matters, transac- ss.(No. 3of 1885,
tions and accounts therein recorded , 2 , 3 , 4 & 5. )
( 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 anthorised 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 record
ed unless by order of a judge made for special
cause .

23. On the application of any party to any proceeding the Courtorjudge
Court or a Judge may order that such party be at liberty to copie
may sdirect
to be
inspect and take copies of any entries in a banker's book for taken.
üny of such proceedings. An order under this section may be [No:3.0f1885
$s. 6 and 7. ] ,