This is an official version.

Copyright 2006: Queens Printer,

St. John's, Newfoundland and Labrador, Canada

Important Information

(Includes details about the availability of printed and electronic

versions of the Statutes.)

Table of Public Statutes

Main Site

How current is this statute?

Responsible Department

RSNL1990

CHAPTER B-2

BANKERS' BOOKS ACT

Amended:

CHAPTER B-2

AN ACT RESPECTING BANKERS' BOOKS

Analysis

Short title

Definitions

Entries in banker's books

Proof

Verification

Inspection

Costs

Short title

This Act may be cited as the Bankers' Books Act.

RSN1970 c19 s1

Back to Top

Definitions

In this Act

(a)

"bank" and "banker" mean a person, partnership or company carrying on the business of bankers or a bank or the liquidators, receivers or trustees of a bank that is being wound up, and a savings bank;

(b)

"bankers' books" include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank;

(c)

"officer" includes liquidator, receiver and trustee;

(d)

"legal proceeding" means a civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration;

(e)

"court" means the court, judge, arbitrator or person before whom a legal proceeding is held or taken; and

(f)

"judge" means a judge of the Trial Division.

RSN1970 c19 s2; 1986 c42; Sch A & Sch B

Back to Top

Entries in banker's books

A copy of an entry in a banker's book shall in all legal proceedings be received as evidence of the entry and of the matters, transactions and accounts recorded in the entry.

RSN1970 c19 s3

Back to Top

Proof

(1) Notwithstanding

section 3, 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 was made in the usual and ordinary course of business and that the book is in the custody or control of the bank.

(2) The proof referred to in subsection (1) may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn or affirmed before a commissioner or person authorized to take affidavits.

RSN1970 c19 s4

Back to Top

Verification

(1) A copy of an entry in a banker's book shall not be received in evidence under this Act, unless it is further proved that the copy has been examined with the original entry and is correct.

(2) The proof referred to in subsection (1) shall be given by a person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn or affirmed before a commissioner or person authorized to take affidavits.

RSN1970 c19 s5

Back to Top

Inspection

(1) On the application of a party to a legal proceeding, a court or judge may order that the party be at liberty to inspect and take copies of entries in a banker's book for the purposes of the legal proceeding.

(2) An order under this

section may be made either with or without summoning the bank or another party, and shall be served on the bank 3 clear days before it is to be obeyed, unless the court or judge otherwise directs.

RSN1970 c19 s6

Back to Top

Costs

(1) The costs of an application to a court or judge under this Act, and the costs of anything done or to be done under an order of a court or judge made under this Act, shall be in the discretion of the court or judge, who may order the costs, or a part of the costs, to be paid to a party by the bank where the costs have been occasioned by a default or delay on the part of the bank.

(2) An order referred to in subsection (1) against a bank may be enforced as if the bank were a party to the proceeding.

RSN1970 c19 s7

Earl G. Tucker, Queen's Printer