Section 1
Commencenzent: 17th Apri/1939
This Act may be cited as the Bankers' Books (Evi-dence) Act.
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Bankers' Book (Evidence) Act is Brunei Act, cited as Act 107 1984, currently marked repealed and first recorded in 1984.
CAP. 107 1
Section
REVISED EDITION 1984
Chapter
Opening note
Commencenzent: 17th Apri/1939
This Act may be cited as the Bankers' Books (Evi-dence) Act.
In this Act, unless the context otherwise requires -
"bank" and "banker" means any company in-corporated in Brunei including any company reg-istered under Part IX of the Companies Act and carrying on the business of banking under a licence issued under any written law in force in Brunei;
"bankers' books" include ledgers, day books, cash books, account books and all other books used in the ordinary business of the bank;
"Court" means the High Court and in connection with any proceedings before a Court of a Magis-trate includes such Court;
"legal proceeding" means any civil or criminal pro-ceeding or inquiry in which evidence is or may be given and includes an arbitration.
Subject to this Act, a copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.
A copy of an entry in a banker's book shall not be received in evidence under this Act unless it is 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 1951)
Short title
Interpreta-tion
Cap. 39
Mode of proof of en-tries in bank-ers' books
Proof that bookisa banker's book
4
Verification of copy
Case in which officer of bank not compellable to produce books, etc.
Court or
Judge may order inspec-tion
CAP. 107
Bankers' Books (Evidence)
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 an officer of the bank, and may be given orally or by an affidavit sworn before any magistrate or person authorised to take affida-vits.
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 magistrate or person authorised to take affidavits.
An officer of a bank shall not, in any legal proceed-ings 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.
An order under this section may be made either on or without summoning the bank or any other party, and shall be served on the bank 3 clear days before the same is to be obeyed unless the Court or judge otherwise directs.
costs
Any such order against a bank may be enforced as if the bank was a party to the proceeding.
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