the-ordinances-of-the-legislative-counci-1890v4 — Page 21

1838 ORDINANCE No. 3 of 1885.


Bankers' Books Evidence.

Copy to be
from ordinary 3. A copy of an entry in a banker's book shall not be received in evidence under
book.
[* Sic.] 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.
Copy tobe
certified . 4. A copy of an entry in a banker's book shall not be received in evidence under
["Sie.]
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.

Not compuls . ry 5. A banker or officer of a bank shall not, in any legal proceeding to which the
to produce
original. 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.

Court or Judge 6. On the application of any party to a legal proceeding a Court or Judge may
may direct
copies to be order that such party be at liberty to inspect and take copies of any entries in a
taken.
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.

Costs. 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 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.

Interpretation 8. In this Ordinance the expression " bank" shall mean any corporation, company
of the terms
"hank,"
"banker," and or society established by charter or, under, or by virtue of any Act of Parliament or
"banker's
books." 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