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THE SCOTS STATUTES REVISED

SCOTS STATUTES REVISED,

1707 TO 1900.

STATUTES OF QUEEN VICTORIA.

42 & 43 VICTORIA, 1879.

CHAPTER VIII. THE REGISTRATION OF Births, DEATHS, AND MARRIAGES (ARMY) Act, 1879.

(Sect. 1.)

An Act to make further provision for the

Registration of Deaths, Marriages, and Births, occurring out of the United Kingdom among officers and soldiers of Her Majesty's Forces, and their families.

[23d May 1879.] 1. SHORT TITLE.—This Act may be cited as the Registration of Births, Deaths, and Marriages (Army) Act, 1879.

2. TRANSMISSION TO REGISTRAR OF REGISTERS OF Births, DEATHS, AND MARRIAGES OF ARMY KEPT IN PURSUANCE OF HER MAJESTY'S REGULATIONS.—If Her Majesty is pleased from time to time to make regulations respecting the registration of deaths and births occurring and marriages solemnized out of the United Kingdom among officers and soldiers of Her Majesty's land forces and their families or any of them, the registers kept from time to time in pursuance of the said regulations shall, in manner provided by the regulations for the time being in force, be authenticated and transmitted to the Registrar General of Births and Deaths in England.

Where it appears from any such register that an officer or soldier whose death or marriage is entered therein, or to whose family a person whose death, marriage, or birth is entered therein belonged, was a Scotch or Irish subject of Her Majesty, the Registrar General of Births and Deaths in England shall, as soon as may be after receiving the register, send a certified copy of so much thereof as relates to such death, marriage, or birth to the Registrar General of Births and Deaths in Scotland or Ireland, as the case may require.

Every Registrar General of Births and Deaths to whom a register or certified copy of a register is sent, in pursuance of this section, shall cause the same to be filed and preserved in or copied in a book to be kept by him for the purpose, and to be called the Army Register Book, and such book shall be deemed to be a certified copy of the register book within the meaning of the Acts relating to the registration of births and deaths in England, Scotland, and Ireland respectively.

3. PROVISION AS TO EXISTING DOCUMENTS EVIDENCING DEATHS, MARRIAGES, AND BIRTHS AMONG OFFICERS AND SOLDIERS OF THE ARMY, AND THEIR FAMILIES. — Whereas, under the directions of Her Majesty, or of one of Her Majesty's Principal Secretaries of State, or the Commander-in-Chief or other lawful authority, various documents, such as registers, muster-rolls, and pay lists have been kept, showing the deaths and births which have occurred and the marriages which have been solemnized among officers and soldiers of Her Majesty's land forces and their families : S.S.R. VII. 1

1

And whereas it is expedient to make further provision respecting the said documents :
Be it therefore enacted as follows:
Where

any

of such documents, or any certified extracts thereof made under the direction of one of Her Majesty's Principal Secretaries of State, have either before or after the passing of this Act been transmitted to the Registrar General of Births and Deaths in England, such documents or extracts shall be deemed to be in the legal custody of the said Registrar General, and shall be admissible in evidence; and a copy of any such document or extract of, or any part thereof, if purporting to be certified to be a true copy under the seal of the register office of the Registrar General, shall be admissible in evidence of such document, extract, or part.

4. Saving AS TO BIRTHS, DEATHS, AND MARRIAGES IN THE UNITED KINGDOM.— Nothing in this Act shall apply to any deaths, marriages, or births which occur in the United Kingdom, except where the same occurred before the commencement of this Act.

[S. 5 rep. 57 | 58 Vict. c. 56 (S.L.R.).]

CHAPTER XI.

The BANKERS' Books EVIDENCE Act, 1879. (Sect. 1.)
AN ACT to amend the Law of Evidence with respect to Bankers' Books.

[23d May 1879.] 1. SHORT TITLE.—This Act may be cited as the Bankers' Books Evidence Act, 1879.

[S. 2 rep. 57 $ 58 Vict. c. 56 (S.L.R.).] 3. MODE OF PROOF OF ENTRIES IN BANKERS' Books.-Subject to the provisions of this Act, a copy of any entry in a banker's book shall in all legal proceedings be received as primâ facie evidence of such entry, and of the matters, transactions, and accounts therein recorded.

4. PROOF THAT Book is A BANKER's Book.—A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be 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.

Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any commissioner or person authorized to take affidavits.

5. VERIFICATION OF COPY.—A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be further proved that the copy 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 may be given either orally or by an affidavit sworn before any commissioner or person authorised to take affidavits.

6. CASE IN WHICH BANKER, &c. NOT COMPELLABLE TO PRODUCE Book, &c.--A banker or officer of a bank shall not, in any legal proceeding 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.

7. COURT OR JUDGE MAY ORDER INSPECTION, &c.—On the application of any party to a legal proceeding a court or judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of such proceedings. An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed, unless the court or judge otherwise directs.

8. Costs.—The costs of any application to a court or judge under or for the purposes of this Act, and the costs of anything done or to be done under an order of à court or judge made under or for the purposes of this Act shall be in the discretion

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of the Court or judge, who may order the same or any part thereof to be paid to any party by the bank where the same have been occasioned by any default or delay on the part of the bank. Any such order against a bank may be enforced as if the bank was a party to the proceeding.

9. INTERPRETATION OF BANK," "BANKER,” AND “ BANKERS Books.”—In this Act the expressions 1 “bank” and “ banker” mean any person, persons, partnership, or company carrying on the business of bankers and having duly made a return to the Commissioners of Inland Revenue, and also any savings bank certified under the Acts relating to savings banks, and also any post office savings bank.

The fact of any such bank having duly made a return to the Commissioners of Inland Revenue may be proved in any legal proceeding by production of a copy of its return verified by the affidavit of a partner or officer of the bank, or by the production of a copy of a newspaper purporting to contain a copy of such return published by the Commissioners of Inland Revenue; the fact that any such savings bank is certified under the Acts relating to savings banks may be proved by an office or examined copy of its certificate ; the fact that any such bank is a post office savings bank may be proved by a certificate purporting to be under the hand of Her Majesty's Postmaster-General or one of the secretaries of the Post Office.

Expressions in this Act relating to “ bankers' books ” include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank.

1 Extended 45 d: 46 Vict. c. 72, s. 11 (1). 10. INTERPRETATION OF “LEGAL PROCEEDING," "Court," "JUDGE.”—In this Act, The expression " legal proceeding" means any civil or criminal proceeding or inquiry

in which evidence is or may be given, and includes an arbitration ; The expression " the court” means the court, judge, arbitrator, persons or person

before whom a legal proceeding is held or taken; The expression “a judge” means with respect to England a judge of the High Court

and with respect to Scotland a lord ordinary of the Outer House of the Court of Session, and with respect to Ireland a judge of the High Court

in Ireland; The judge of a county court may with respect to any action in such court exercise the powers of a judge under this Act.

S. 10 in part rep. 61 & 62 Vict. c. 22 (S.L. R.). 11. COMPUTATION OF TIME.-Sunday, Christmas Day, Good Friday, and any bank holiday shall be excluded from the computation of time under this Act.

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CHAPTER XVII.

THE HOUSE OF Commons Costs Taxation Act, 1879. (Sect. 4.) An Act to amend the House of Commons Costs Taxation Act, 1847.

[3d July 1879.] [Preamble recites 10 & 11 Vict. c. 69.] 1. POWERS OF 10 & 11 Vict. c. 69, EXTENDED TO PROVISIONAL ORDERS AND OTHER CASES.-All the powers and provisions of the above recited Act shall extend and apply to the costs, charges, and expenses of any parliamentary agent, solicitor, or other person in respect to the obtaining or promotion of or opposition to any provisional order or provisional certificate, or any Bill for confirming the same; and in respect to the promotion of any bill by any public trustees or commissioners, or by any municipal or other public authority, and in respect to the opposition to any public and general Bill.

2. TAXING OFFICER OF HOUSE OF COMMONS TO TAX Costs OF ORDERS AND BILLS ON REQUEST FROM PROPER AUTHORITY.-In case the taxing officer of the House of Commons shall be requested by one of Her Majesty's Principal Secretaries of State or by the

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