Bankers' Books Evidence Act 1876
| Jurisdiction | UK Non-devolved |
| Citation | 1876 c. 48 |
| Year | 1876 |
Bankers' Books Evidence Act, 1876.
(39 & 40 Vict.) CHAPTER 48.
An Act to amend the Law with reference to Bankers' Books Evidence.
[11th August 1876]
W HEREAS serious inconvenience has been occasioned to bankers and also to the public by reason of the ledgers and other account books having been removed from the banks for the purpose of being produced in legal proceedings:
And whereas it is expedient to facilitate the proof of the transactions recorded in such ledgers and account books:
Be it therefore 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 for all purposes as theBankers' Books Evidence Act, 1876.
2 Interpretation clause.
2. The word ‘bank’ in this Act shall mean any person or persons, partnership or company, carrying on the business of bankers, and who at the commencement of each year shall have made their return to the Commissioners of Inland Revenue, and any savings bank certified under the Act of 1863.
The words ‘legal proceedings’ in this Act shall include all proceedings, whether preliminary or final, in courts of justice, both criminal and civil, legal and equitable, and shall include all proceedings, whether preliminary or final, by way of arbitration, examination of witnesses, assessment of damages, compensation, or otherwise, in which there is power to administer an oath.
The words ‘the court’ in this Act shall mean the court, judge, magistrate, sheriff, arbitrator, or other person authorised to preside over the said legal proceedings for the time being, and shall include all persons, judges, or officers having jurisdiction and authorised to preside over or to exercise judicial control over the said legal proceedings or the procedure or any steps therein.
The words ‘a judge of one of the superior courts’ shall mean respectively a judge of Her Majesty's High Court of Justice in so far as this Act applies to England and Wales, a lord ordinary of the outer house of the Court of Session in Scotland in so far as it applies to Scotland, and a judge of one of the superior courts at Dublin in so far as it applies to Ireland.
3 Entries in books by affidavit admissible in evidence.
3. From and after the commencement of this Act the...
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