Page:Halsbury Laws of England v1 1907.pdf/867

 — Part

III.



Business of Banking.

645

Sect. 22. as a witness to prove the matters and transactions and accounts Production, recorded, unless by order of a judge made for special cause (s). To obtain, however, the benefit of this relief from attendance Inspection etc. of and production, the banker or officer must have furnished, or have Bankers' been willing to furnish, verified copies of the required entries (t), Books.

1300. Any party to a legal proceeding (a) who, prior to the Right to passing of the Act, could have sued out a subpoena duces tecum apply for order of in such proceeding (b), may apply for an order that the applicant inspection be at liberty to inspect and take copies of any entries in a etc. banker's book for the purposes of such proceeding (c). The application for leave to inspect and take copies should Procedure on application. be made to a master at chambers. It may be made ex parte (d) but as a rule it should be made by a summons or a notice under the summons for directions (e), and if made ex parte the master will generally order a summons to issue. In ordinary cases the application, at all events if made ex parte, should be supported by an affidavit showing what entries it is desired to inspect and the materiality of the inspection, and that the application is made bond fide. But an affidavit is not essential (/), and where the application is made by summons or on notice and the materiality of the inspection appears from the pleadings, or otherwise, it is not necessary (cj). The party whose account is sought to be inspected may oj)pose the application on any ground on which mspection of ordinary documents could be resisted (/i). 1301. The main object of these provisions is to enable evidence and given (^), and to relieve bankers from the necessity for attending and producing their books {k). They enable a party who formerly had the right to issue a subpoena duces tecum to compel bankers to produce their books and to attend and be examined on them, to obtain an order for leave to inspect and take copies of the books {I). They do not give any new power of discovery (m), or alter the principles of law or the practice with regard to discovery or take away any previously existing ground

to be procured

(s) (t)

(a) c.

Bankers' Books Evidence Act, 1879 (42 Vict. c. 11), s. 6. V. Star Newspaper (1892), 62 L. J. (q. b.) 77. This includes an arbitration (Bankers' Books Evidence Act, 1879 (42 Vict,

Emmott

11),

s.

10).

Re Marshfield (1886), 32 Ch. D. 499. (c) Bankers' Books Evidence Act, 1879 (42 Vict. c. 11), ss. 7, 10. may be made on a bank in Scotland or Ireland [Kissam v. Link, [1896] (6)

v. Hayes (1887), 36 Ch. D. 731. Davies v. White (1884), 53"L. J. (/) Arnott V. Hayes, supra.

{d)

Arnott

(e)

Ibid.



(g) Ibid., Sit p. 736. (h) See notes (m) (r),

—

m/m.

As

(q. b.)

The 1

order Q. B. 574).

275.

to inspection generally, see title

Discovery,

Inspection and Interrogatories. Arnott v. Hayes, supra, at p. 737 Emmott v. Star Newspaper Co., supra. Parnell v. Wood, [1892] P. 137; Emmott v. Star Newspaper Co., supra; Pollock V. Garle, [1898] 1 Ch. 1, at p. 4. (i)



{k)

[l)

Re

Marshfield, supra.

(m) Arnott v. Hayes, supra, per Cotton, L.J., at p. 737 Phosphor Bronze Co. (1894), 71 L. T. 854. {71) Pollock V. Garle, supra, per Lindley, M.R., at p. 4.



but consider Perry

v.

Object of legislation,