Their Admission in Evidence To the Editor Su—Last November many of your readers were interested in your comment on the ruling given by! Mr. Justice Bennett In the Chancery Divi-lon of the High Court in which he refused to accept as evidence a loose-leaf Minute Book. would now appear that the earned Judge was chiefly influenced by the physicd condition of "the thing which he (Plaintif's Counsel)
is the Minute Book of the Plaintit In fact it has been ascertained that the Joose-leaf book which came before Mr, Justice Bennett was one in which the covers were fastened together by two hand screws only and the learned Judge emphasized the fact that it was In such a physical condition that anybody. dishonest ould easily tamper with it, His Fling lid reference only' to the requirements of Section 120° of the Companies Act 1920 in relation Minute Books, for where such books are supplied " by modern loose-loot munufaclurers, they are generally accompanied by Safeguards such as Jocks and users may append signatures or. other" dentiieation marks Lupon each sheet which would. appear to tender remarks of the learned With regard to Loose-Leat Books senor ally, they are not in the same eateyory ax Minute Books of a Com pany', there bein no provision, that thes "should be accepted in evidence of their contents as 18 the cave with Minute 'Books, 'The observations of the learned Judge would not therefore appear to affect such books, the contents of which in any' ease have t0 be supported or cane rebutted by extraneous evidence, "and in this respect loose-leat books, re identical with Bound book.
It Is interesting to wote that Justice Bennett himself recently ad: mitted in evidence in the High Court of Justice Chancery' Division a share Fegister contained ina Kalamazoo Loose-Lent Binder, 'An opinion of Lord Huilshain (then Siz Douglas Hors) on Legality of Loose-Lont' Books under Bankers!
Books Bvidence Act reads:— opinion Loose-Leat_ Books. fre books within the am accompany vied Word. "book"
And T can sce no reason for finiting sheets of paper bound together tua particular Way.
"in my opinion Loose-Leat Book sty with the provisions of the Com= ppaniet "Act 1908. Team see.
10 pos, ible ground for tim a Statutory" right of Inspe opin Section 220" oe the Act Which are defined "to include "Ao Speeds, *Welting and Doo: not include" ageounty writings When In Toosesteat ledgers The opinion of Sir John Simon, ax to whether when the word "book" is mentioned in an Act of Parliament, such as the Companies Act, or-th> Railway Consolidation Act, meant to describe any particular form or construction of book, reads:
Any arrangement which makes 2 ngle Whole out of a number of Sheets, "whether held together bs Sicing'and wine or by any-other eft ent method of Binding, would comply of practice, Loose. Leaf Books have been tendered and accepted repeatedly as evidence in the Courts' and the lock security offered by modern manufacturers makes the possibilities of fraudulent ibstitulfon even more dificult than bound books.
Josurn 'T, Evaxs.
Representative for Kalamazoo, Ltd, of Birmingham Shanghai, Jan, 4
Text read from the printed page and cleaned; old type leaves the occasional error.