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Banker's Books (Evidence) Act

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Banker's Books (Evidence) (CAP. 39 1



Arrangement of Sections

1. Short title.
2. Interpretation.
3. Mode of proof of entry in banker's book.
4. Proof that book is a banker's book.
5. Verification of copy.
6. Case in which banker, etc., not compellable to produce

7. Court or Judge may order inspection.
8. Costs.
9. Computation of time.


(21st November, 1881 .) 211881.
S.R.O. 2211956.

1. This Act may be cited as the Banker's Books title.
(Evidence) Act.

2. In this Act- Interpretation.
< ' bank" or "banker" means any person, persons, part-

nership, or company carrying on the business of

"banker's books" includes ledgers, day books, cash
books, accounts books, and all other books used
in the ordinary business of the bank;


2 CAP. 39) Banker's Books (Evidence)

"the Court" means the Court, Judge, arbitrator, per-
son, or persons before whom a legal proceeding
is held or taken;

"legal proceeding" means any civil or criminal pro-
ceeding or inquiry in which evidence is or may be
given, and includes an arbitration.

Mode of proof of 3. Subject to the provisions of this Act, a copy of any
entry in banker's
book. entry in a banker's book shall, in all legal proceedings, be

received as prima facie evidence of such entry, and of the
matters, transactions and accounts therein recorded.

Proof that book
is a banker's

4. A copy of an entry in a banker's book shall not
book. be received in evidence under this Act unless it be first proved

that the book was, at the time of the making of 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 banker.

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 Commissioner or person authorized to take

Verification of 5 . A copy of an entry in a banker's book shall not
COPY. be received in evidence under 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 Commis-
sioner or person authorized to take affidavits.

Case in which
hanker etc. not

6. A banker or officer of a bank, shall not, in any
compeliable io legal proceeding to which the banker is not a party, be com-
produce books. pellable to produce any banker's book, the contents of which

can be proved under this Act, or to appear as a witness to
prove the matters, transactions, and accounts therein record-
ed, unless by order of a Judge made for special cause.

Court or Judge
may order

7. O n the application of any party to a legal pro-
inspection. ceeding, a Court or Judge may order that such party be at

liberty to inspect and take copies of any entries in a banker's


Banker's Books (Evidence) (CAP. 39 3

book for any of the purposes of such proceeding. An order
under this section may be made either with, or without, sum-
moning 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.

8 . The costs of any application to a Court or Judge Costs.
under the provisions of this Act, and the costs of anything
done or to be done under an order of a Court or Judge,
made under or for the purposes of this Act, 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 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.

9. Sunday, Christmas Day, Good Friday, and any Computation
public holiday shall be excluded from the computation of .time'
time under this Act.