Bankers' Books Evidence Act 1879
| Jurisdiction | UK Non-devolved |
| Citation | 1879 c. 11 |
| Year | 1879 |
Bankers' Books Evidence Act, 1879
(42 & 43 Vict.) CHAPTER 11.
An Act to amend the Law of Evidence with respect to Bankers' Books.
[23d May 1879]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited as theBankers' Books Evidence Act, 1879.
2 Repeal of 39 & 40 Vict. c. 48.
2. The Bankers' Books Evidence Act, 1876, shall be repealed as from the passing of this Act, but such repeal shall not affect anything which has been done or happened before such repeal takes effect.
3 Mode of proof of entries in bankers' books.
3. 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 prim facie evidence of such entry, and of the matters, transactions, and accounts therein recorded.
4 Proof that book is a banker's book.
4. 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 commissioner or person authorised to take affidavits.
5 Verification of copy.
5. 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 commissioner or person authorised to take affidavits.
6 Case in which banker, &c. not compellable to produce book, &c.
6. A banker or officer of a bank shall not, in any legal proceeding to which the bank is not a party, be compellable 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 Court or judge may order inspection, &c.
7. On the application of any party to a legal proceeding a court or 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 court or judge otherwise directs.
8 Costs.
8. The costs of any application to a court or judge under or for the purposes 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 Interpretation of ‘bank,’ ‘banker,’ and ‘bankers' books.’
9. In this Act the expressions ‘bank’ and ‘banker’ mean any person...
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