Banker's Books Evidence Act 1894 (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO OCTAVO

ITICTORT7F1 REGINA

No. 6

An Act to amend the Law of Evidence with reference to

Banker's Books. [Assented to 10th October, 1894.

HEREAS it is expedient to facilitate the proof of the transac- Preamble

tions recorded in the Ledgers and other Account Books of or

belonging to Banks : Be it therefore enacted by the Queen's Most

Excellent Majesty, by and with the advice and consent of the Legis-

58 VICTORIIE. No. 6

Banker's Books Evidence

lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

Short title 1. This Act may be cited as The Banker's Books Evidence Act,

1894.'

Repeal of 43 Vie.,

2. The Banker's Books Evidence Act, 1879,' shall be repealed as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.

No. 12

Mode of proof of	3. Subject to the provisions of this Act, a copy of any entry in a
entries in

banker's books	banker's book shall, in all legal proceedings, be received as prima facie
Imp. Act, 42 Vies	evidence of such entry, and of the matters, transactions, and accounts
e. 11, s. 3	therein recorded.
Proof that book	4. A copy of an entry in a banker's book shall not be received in evidence under this

is a banker's	Act, unless it be first proved that the book was, at
book

the time of the making of the entry, one of the ordinary books of the

Im p. Act 42Vic., ,

c. 11, s.4 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 affidavit sworn before any Commissioner or person authorised to take affidavits.

Verification of 5. A copy of an entry in a banker's book shall not be received in

copy evidence under this Act unless it be further proved that the copy

Imp.Act,42 Vie., has been examined with the original entry and is correct. Such

0.11, s. 5

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.

Case in which banker, 8se.,not to6. A banker, or officer of a bank, shall not in any legal proceeding compellable 1,o 1' which the bank is not a party be compelled to produce any banker's produce book, book the contents of which can be proved under this Act, or to appear

Imp.Act, 42 Vie.,	as a witness to prove the matters, transactions, and accounts therein
e. 1/ a	recorded, unless by order of a Judge made for special cause.
Court or Judge	7. On the application of any party to a legal proceeding the 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
nsay order
inspection, Ste.
Imp

Im . 42Vic Act, .,

c. 11, s.7 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 by delivering a copy of the order to an officer of such bank at the principal or branch office thereof having the custody of the book of which inspection is desired, three clear days before the same is to be obeyed, unless the Court or Judge otherwise directs.

Costs 8. The costs of any application to a Court or Judge under or for the purpose of this Act, and the costs of anything done . or to be done

Imp.Ae, t 42 Vie,

c. 11, a 8 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 on the part of the bank. Any such order against a bank may be enforced as if the bank were a party to the proceeding.

58 VICTORLE. No. 6

Banker's Books Evidence

9. The Magistrate of any Local Court or any Resident or Police lolvtetrdUftojudge

Magistrate or the Chairman of any Court of General Sessions of the Local cal tCortsi:

Peace may, with respect to any legal proceeding in the Court in which agis ra es'	a.
he presides, exercise the powers of a Judge under this Act.

10.

In this Act

The expressions bank' and banker' mean any person, per- Interpretation:

sons, partnership or company carrying on the business 'Bank," banker of bankers by receiving deposits and issuing bills or Imp. Act, 42 Vic.,

notes payable to bearer or at sight or on demand, and c. 11,

ss.9,10

also any Savings Bank established under any Act rela-

ting to Post Office Savings Banks.

Expressions relating to bankers' books' include ledgers, day 1)3aukerebooks

books, cash books, account books, and all other books

used in the ordinary business of the bank.

The expression legal proceeding' shall include all proceedings, 'Lroc egeneldi„,.

whether preliminary or final, in Courts of Justice, both P

civil and criminal, 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 expression the Court ' means the Court, Judge, arbitrator, The Court

person or persons before whom a legal proceeding is held

or taken.

The expression a Judge' means a Judge of the Supreme Court 'A judge

of the Colony of Western Australia.

Computation of

11. Sunday, Christmas Day, Good Friday, and any Bank Holiday time

shall be excluded from the computation of time under this Act. Imp.Act,42 Vic.,

W. C. F. ROBINSON, c. 11, s. 11

GOVERNOR.