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BANKERS' BOOKS EVIDENCE ACT 1879

BANKERS' BOOKS EVIDENCE ACT 1879 - LONG TITLE

An Act to amend the Law of Evidence with respect to Bankers'
Books.
[23rd May 1879]
Short title.

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 1

1. This Act may be cited as the Bankers' Books Evidence Act, 1879.

S.2 rep. by SLR 1894

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 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
prima8 facie evidence of such entry, and of the matters,
transactions, and accounts therein recorded.

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 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.

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 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.

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 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.

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 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.

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 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.[

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 9
Interpretation of ""bank,'' ""banker,'' and ""bankers' books''.

9. In this Act the expressions "bank" and "banker" mean any person,
persons, partnership, or company carrying on the business of bankers
and having duly made a return to the Commissioners of Inland
Revenue, and also any savings bank certified under the Acts relating
to savings banks, and also [the National Savings Bank].

The fact of any such bank having duly made a return to the
Commissioners of Inland Revenue may be proved in any legal
proceeding by production of a copy of its return verified by the
affidavit of a partner or officer of the bank, or by the
production of a copy of a newspaper purporting to contain a copy
of such return published by the Commissioners of Inland Revenue; the
fact that any such savings bank is certified under the Acts
relating to savings banks may be proved by an office or examined
copy of its certificate; ...

Expressions in this Act relating to "bankers' books" include ledgers,
day books, cash books, account books, and all other books used in
the ordinary business of the bank.][

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 9
Interpretaion of ""bank'', ""banker'', and ""bankers' books'' .

9.(1) In this Act the expressions "bank" and "banker" mean

(a)a recognised bank, licensed institution or municipal bank, within
the meaning of the Banking Act 1979;

(b)a trustee savings bank within the meaning of section 3 of the
Trustee Savings Banks Act 1969;

(c)the National Savings Bank; and

(d)the Post Office, in the exercise of its powers to provide
banking services.

(2) Expressions in this Act relating to "bankers' books" include
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.]

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 10
Interpretation of ""legal proceeding,'' ""court,'' ""judge''.

10. In this Act

The expression "legal proceeding" means any civil or criminal
proceeding or inquiry in which evidence is or may be given, and
includes an arbitration [and an application to, or an inquiry or
other proceeding before, the Solicitors Disciplinary Tribunal or any
body exercising functions in relation to solicitors in Scotland or
Northern Ireland corresponding to the functions of that Tribunal];

The expression "a judge" means ... with respect to Ireland a judge
of the High Court in Ireland;

The judge of a county court may with respect to any action in
such court exercise the powers of a judge under this Act.

BANKERS' BOOKS EVIDENCE ACT 1879 - SECT 11
Computation of time.

11. Sunday, Christmas Day, Good Friday, and any bank holiday shall
be excluded from the computation of time under this Act.