CHAPTER 24.

An Act to amend The District Courts Act.

(Assented to April 2, 1927.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The District Courts Act Short title Amendment Act, 1927."

added

action may be

on

2. The District Courts Act, being chapter 73 of the Re- Section 29a vised Statutes of Alberta, 1922, is amended by inserting as section 29a, immediately after section 29, the following: "29a. Except where by this Act it is otherwise provided, Where an every action or matter shall be commenced and carried on commenced in the Court of the district in which the defendant, or one and carried of the defendants, dwells or carries on his business at the time of commencing the action or matter, or it may be commenced and carried on by leave of the judge in the Court of the district in which the defendant, or one of the defendants, dwelt or carried on business at any time within six calendar months next before the time of commencement of such action or matter, or with the like leave in the Court of the district in which the cause of action or claim wholly or in part arose."

section 52

3. Section 52 of the said Act is hereby struck out, and New the following substituted therefor:

procedure to

actions

"52. The small debt procedure set out in the Rules re- Small debt lating to Small Debt Procedure in the District Courts, and apply to the forms and tariff appended thereto, shall apply to all certain claims and demands for debt, account or breach of contract, or covenant, or money demand, whether payable in money or otherwise, and all actions of tort, and all other personal actions, where the amount or balance claimed does not exceed one hundred dollars, or in the case of actions of replevin, where the value of the goods or other property or effects distrained, taken or detained, does not exceed one hundred dollars:

"Provided however, that the Lieutenant Governor in Council or the judges of the Supreme Court, upon request of the Lieutenant Governor in Council, may repeal, alter or amend the said procedure and the forms and tariff of costs and fees relative thereto."

4. This Act shall come into force on the day upon which Coming into it is assented to.

force of Act

CHAPTER 25.

An Act to amend The Alberta Evidence Act.

(Assented to April 2, 1927.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Alberta Evidence Act Short title Amendment Act, 1927."

added

2. The Alberta Evidence Act, being chapter 87 of the Section 34a Revised Statutes of Alberta, 1922, is amended by adding as section 34a, immediately after section 34, the following: "34a.-(1) Subject to the provisions of this section, a Bank books copy of any entry in any book or record kept in any bank and records shall in all legal proceedings be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.

"(2) A copy of an entry in such book or record shall not copies of be received in evidence under this section unless it be first entries proved that the book or record was, at the time of the making of the entry, one of the ordinary books or records of the bank and that the entry was made in the usual and ordinary course of business, and that the book or record is in the custody or control of the bank and that such copy is a true copy thereof. Such proof may be given by the manager or accountant of the bank and may be given orally or by affidavit sworn before any commissioner for taking affidavits or other competent authority of the like nature.

bank book or

party

bank records

"(3) A bank or officer of a bank shall not in any legal pro- Production of ceeding to which the bank is not a party be compellable to record where produce any book or record, the contents of which can be bank not a proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded unless by order of the court made for special cause. "(4) On the application of any party to a legal proceed- Inspection of ing, the court may order that such party be at liberty to in- by party to spect and take copies of any entries in the books or records action of a bank for the purposes of any such legal proceeding. The person whose account is to be inspected shall be notified of the application at least two clear days before the hearing thereof, and if it is shown to the satisfaction of the court that such person cannot be notified personally, such notice may be given by addressing the same to the bank.

Costs

Coming into force of Act

"(5) The costs of any application to a court under or for the purposes of this section, and the costs of anything done or to be done under an order of the court made under or for the purposes of this section, shall be in the discretion of the court, which 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; and any such order against a bank may be enforced as if the bank was a party to the proceeding.

"(6) In this section, unless the context otherwise requires

"(a) 'Bank' means any bank to which The Bank Act
applies, and includes any branch, agency or office of
any such bank;

"(b) 'Court' means the court, judge, arbitrator under
The Arbitration Act or person before whom a legal
proceeding is held or taken for the purposes of
which it is required to inspect or take copies of
entries in the books or records of any bank;
"(c) 'Legal proceedings' means any civil proceeding or
inquiry in which evidence is or may be given, and
includes an arbitration.

"(7) Holidays shall be excluded from the computation of time under this section."

3. This Act shall come into force on the day upon which it is assented to.

CHAPTER 26.

An Act to amend The Creditors' Relief Act.

(Assented to April 2, 1927.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Creditors' Relief Act Short title Amendment Act, 1927."

amended

2. The Creditors' Relief Act, being chapter 88 of the Re- Section 7 vised Statutes of Alberta, 1922, is amended as to section 7, subsection (3), by adding at the end thereof the words "or thereafter upon the fiat of the judge granted at his discretion and endorsed upon any of the documents filed."

3. This Act shall come into force on the day upon which Coming into it is assented to.

force of Act