The Short Title of this Act shall be “The Bankers’ Books Evidence Act, 1877.”

From and after the commencement of this Act the entries in ledgers, day-books, cash-books, and other account-books of any bank shall be admissible in all legal proceedings as primâ facie evidence of the matters, transactions, and accounts recorded therein, on proof being given by the affidavit in writing of one of the partners, managers, or officers of such bank, or by other evidence, that such ledgers, day-books, cash-books, or other account-books are or have been the ordinary books of such bank, and the said entries have been made in the usual and ordinary course of business, and that such books are in or come immediately from the custody or control of such bank. Nothing in this clause contained shall apply to any legal proceeding to which any bank whose ledgers, day-books, cash-books, and other account-books may be required to be produced in evidence shall be a party.

Copies of all entries in any ledgers, day-books, cash-books, or other account-books used by any such bank may be proved in all legal proceedings as evidence of such entries, without production of the originals, by means of the affidavit of a person who has examined the same, stating the facts of said examination, and that the copies sought to be put in evidence are correct.

Provided always that no ledger, day-book, cash-book, or other account-book of any such bank, and no copies of entries therein contained, shall be adduced or received in evidence under this Act, unless five days’ notice in writing, or such other notice as may be ordered by the Court, containing a copy of the entries proposed to be adduced, and of the intention to adduce the same in evidence, shall have been given by the party proposing to adduce the same in evidence to the other party or parties to the said legal proceeding, and that such other party or parties is or are at liberty to inspect the original entries and the accounts of which such entries form a part.

On the application of any party to any legal proceedings who has received such notice, a Judge may order that such party be at liberty to inspect and to take copies of any entry or entries in the ledger, day-books, cash-books, or other account-books of any such bank relating to the matters in question in such legal proceedings, and such orders may be made by such Judge, at his discretion, either with or without summoning before him such bank or the other party or parties to such legal proceedings, and shall be intimated to such bank at least three days before such copies are required.

On the application of any party to any legal proceedings who has received notice, a Judge may order that such entries and copies mentioned in the said notice shall not be admissible as evidence of the matters, transactions, and accounts recorded in such ledgers, daybooks, cash-books, and other account-books.

No bank shall be compellable to produce the ledgers, daybooks, cash-books, or other account-books of such bank in any legal proceedings, unless a Judge specially orders that such ledgers, daybooks, cash-books, or other account-books should be produced at such legal proceedings.