Bankers Books Evidence Act 1879 (SA)

ANNO QUADRAGESIRIO SECUNDO ET QUADRAGESIMO

TEnTIO

No, 162.

An Act to amend the Law of Evidence wi th respcct to

I3anker.s' Rooks.

I'IEltEdS serious incoilvenicilce has bccn occasioid to bankers, Preamble.

W a, rd also to thr public, by rmson oi the ledgcrs and other

account books having bbecii I-cinoved from the banks for the pu~posc

of being producccl in legal l~roce~dings: And whcreas it is expe-

dient to facilitate the proof of the tranmctions wcorcled in such

ledgers and account books-Up it the]-efore Enacted by the Governor

' of the Provil~ce of South ,4nstralia, with the advice and consent of

the Legislative Council and House of Assembly of the said proviilce,

the bank. Such proof may be giren by a partner or officer of the bank

in this present Prtrliamcnt rtsscrnblecl, as follo\vs:

1, This Act may be cited for all purposes as " '1'he Bankers' Sholttitle.

Books Eviderlcc Act, 1879."

2, Subject to the provisions uf this Act, a copy of any entry in n copy of entrypviind

banker's book, shall in all legal proceedings be received as yrimd facie faC" widence.

evidence of such entry, and of tllc matters, transactions, and accbunts

therein recorded.

3, A copy of an entry in XL banker's book shall not be received in Origiual entry need

evidence under this Act unless it be first proved that the book was,	produced-
at the time of the making of the elltry, 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

bank, and may be given orally or by an affidavit sworn before

ady comrnissiolier or person authorised to take affidavits.

Copy of entry to be 4, A coyy of an entry in a banker's book shall not be received in

examined.	evidence under this Act unless it be further proved that the coyy 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 niay be given either orally or by an affidavit sworn before any commissioner or person authorised to take afi- davits.
production of bociks.
Order of Judge for	5, A banker or officer of a. bank shall not, in any legal proceeding to which the bank is not a party, be cornpellablc to produce any banker's book thc contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions, and accounts therein recordcd, unless by order of a J~zclgc or a Special Magistrate, as the case may be, made for special cause.
Judge to inspect

Power under ordcr of 6, On the application of any party to a legal proceeding ,z Court

books and take copies.	or Judge or a Special Magistrate, as t;'he case map be, may order that such party be at liberty to inspect and take copies of any entries in a banker's l~ook for any of thc purposes of suclr proceedings. An order under this section may bc made either with 01- without suminoning the bank or any other party, and shall be served on the bank thrce clear clays before the same is +~n be obeyed, unless tlic Court, Judge, or Special Magistrate, as the case may be, otherwise directs.
Costa in discretion of	7, Thc costs of any applicatim to a Court, Judge, or Special Magistrate, as the case may be, under or for thc prlrposes of this Act, and tllc costs of anything done or to be clone under an order of a Court, Judge, or Special Magistrate, as the case may bt., lmde under or for the purposes of this Act, shdl be in the discretion of the Court, Judge, or Special Magistrate, as the case may h:, who may ordcr the same or any part thereof to be paid to ally party by the balk, whcrc the same
Court.
h v e bccn occasio~~ecl by m y default or dclay on the part of the bank. Any such ordcr against a bank inay bc enforced, as if the bank was zt
party to the procecdings.

Inte~yretstion clause. 8, I11 t h i ~ Act the expressions " bank " and " banker " shall mean

and indude any pcrson, persons, partnership, ar company, carry- ing on the ordinary business of banking; and also any Savings Bank which now is, or hereafter may bc established, under any Acts relating to Savings Banks in South Australia.

'I he expression "legal proceedingsy' shall mean any civil or

criminal proceeding or enquiry in which evidence is or may

be given, and shall include an arbitration:

'I'he expression " the Cowt" shall mean thc Court, Judge, Com-

missioner of Insolvency, Special Magistrate, arbitsatw, assessor,

rcferee, or com~nissioner

to whom any jurisdiction has beell

assigned

Rarlkers' Eooks Evidence A c t. 1 8 7 9.

assigned under the Supreme Court Act, 1878, or other person

or persons authorised to preside over or exercise judicial

control over the said legal proceedings:

The expression '; a Judge" shall mean a Judge of the Supreme

Court of the Province of South Australia:

The exp-ession " baiikers' books" shall mean and include all ledgers, day books, cash books, diaries, account books, and all other books used in the ordinary business of the bank.

9, Sunday, Christmas Day, Good Friday, and any bank holiday Holidays.

shall be excluded from the computation of times under this Act.

10, This Act shall come into operation on the first day of Operation.

January, 1880.

In the name aud on behalf of Her Majesty, I hereby assent

to t,his Bill.

WM. F. 1)HUNlMONJU JERJTOIS, Ciovernor.

Adelaide : By authority, E. SPILLER, Acting Gmernment Printer, North-terrace,