46(1)Subject to the provisions of this section a copy of an entry in any book or record kept in a bank shall in all actions be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.

46(2)A copy of an entry in such book or record shall not be received in evidence under this section unless it is 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, which proof may be given by the manager or accountant of the bank and may be given orally or by affidavit.

46(3)An officer of a bank shall not in any legal proceeding to which the bank is not a party be compellable to produce any book or record the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded unless by order of a court or judge made for special cause.

46(4)On the application of any party to an action a court or judge may order that such party be at liberty to inspect and take copies of any entries in the books or records of a bank for any of the purposes of such proceedings.

46(5)Notice of an application under subsection (4) shall be served upon the person whose account is to be inspected at least two clear days before the hearing of the application; if it is shown to the satisfaction of the court or judge that such service cannot be effected, then such notice shall be served upon the bank.

46(6)The costs of an application to a court or judge under or for the purposes of this section, and the costs of anything done or to be done under an order of a court or judge made under or for the purposes of this section, shall be in the discretion 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 has 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 were a party to the proceeding.