Bankers' Books Evidence Act 1935

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1935/1935-0001/BankersBooksEvidenceAct1935_1.pdf
Published: 2012-09-01

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The Bankers' Books Evidence Act 1935

c i e
AT 1 of 1935

THE BANKERS’ BOOKS EVIDENCE ACT

1935

The Bankers' Books Evidence Act 1935 Index


c AT 1 of 1935 Page 3

c i e
THE BANKERS’ BOOKS EVIDENCE ACT 1935

Index Section Page

1 Short title .......................................................................................................................... 5
2 Definitions........................................................................................................................ 5
3 Mode of proof of entry in bankers’ books ................................................................... 5
4 Proof that book is a banker’s book ............................................................................... 6
5 Verification of copy ........................................................................................................ 6
6 Case in which banker etc, not compellable to produce book, etc ............................ 6
7 Judge may order inspection, etc ................................................................................... 6
8 Costs ................................................................................................................................. 6
9 Commencement of Act .................................................................................................. 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

The Bankers' Books Evidence Act 1935 Section 1


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c i e
THE BANKERS’ BOOKS EVIDENCE ACT 1935

Received Royal Assent: 4 May 1935
Passed: 11 June 1935
Commenced: 11 June 1935
AN ACT
to amend the law as to evidence with respect to bankers’ books.
1 Short title

This Act may be cited as ‘The Bankers’ Books Evidence Act, 1935’.
2 Definitions

In this Act the following words and expressions shall have the meanings
severally ascribed to them, that is to say: —
“Legal proceeding
” means any civil or criminal proceeding or inquiry in which
evidence is or may be given, and includes an arbitration.
“The Court’[Repealed]1

“A Judge
” means a judge of the High Court of Justice or a High Bailiff.2

“Bank or Bankers
” means any persons, partnership or company carrying on the
business of Bankers, and any Savings Bank certified under the Acts
relating to Savings Banks, and also any Post Office Savings Bank.
“Bankers’ Books”
includes ledgers, day books, cash books, account books and
other records used in the ordinary business of the bank, whether those
records are in written form or are kept on microfilm, magnetic tape or
any other form of mechanical or electronic data retrieval mechanism.3

3 Mode of proof of entry in bankers’ books

Subject to the provisions of this Act, a copy of any 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.
Section 4 The Bankers' Books Evidence Act 1935


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4 Proof that book is a banker’s book

A copy of an entry in a banker’s book shall not 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 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 authorised
to take affidavits.
5 Verification of copy

A copy of an entry in a banker’s book shall not 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 person authorised to take affidavits.
6 Case in which banker etc, not compellable to produce book, etc

A banker or officer of a bank shall not, in any legal proceedings to which the
bank is not a party, be compelled 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 recorded, unless by order of a judge
made for special cause.
7 Judge may order inspection, etc

On the application of any party to a legal proceeding a judge may order that
such party be at liberty to inspect and take copies of any entries in a banker’s
book for any of the purposes 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 judge otherwise directs.4

8 Costs

The costs of any application to a judge under or for the purposes of this Act, and
the costs of anything done or to be done under an order of a judge made under
or for the purposes of this Act shall be in the discretion of the 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
proceedings.5

The Bankers' Books Evidence Act 1935 Section 9


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9 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
The Bankers' Books Evidence Act 1935 Endnotes


c AT 1 of 1935 Page 9

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Definition of ‘The Court’ repealed by Statute Law Revision Act 1981 Sch 1. 2
Definition of ‘A Judge’ amended by Statute Law Revision Act 1981 Sch 1 and by High
Court Act 1991 Sch 3. 3
Definition of ‘Bankers’ Books’ substituted by Criminal Justice Act 1996 Sch 2. 4
S 7 amended by Statute Law Revision Act 1981 Sch 1. 5
S 8 amended by Statute Law Revision Act 1981 Sch 1.