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Fiji Legislation |
LAWS OF FIJI
1978 Edition]
CHAPTER 45
BANKERS' BOOKS EVIDENCE
Ordinances Nos. 2 of 1932, 37 of 1966
AN
ACT TO AMEND THE LAW OF EVIDENCE
WITH
RESPECT TO
BANKERS' BOOKS.
[25th February, 1932.]
Short title
1.
This Act may be cited as the Bankers' Books Evidence Act.
Interpretation
2.
In this Act, unless the context otherwise requires-
"bank" means a bank licensed under the provisions of the Banking Act, and includes the National Bank of Fiji;
(Substituted by 37 of 1966, s. 12.)
"banker" means any person who carries on the business of a bank;
(Substituted by 37 of 1966, s. 12.)
"banker's books" includes ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of the bank;
"legal proceeding" means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration;
"the court" means the Supreme Court or the court, arbitrator or person before whom a legal proceeding is held or taken.
(Cap. 182)
Mode of proof of entries in banker's book
3.
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 prima
facie evidence of such entry
and of the matters, transactions and accounts therein recorded.
Proof that book is a banker's book
4.
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
an officer of the bank and may be given orally, or by an affidavit sworn before
any commissioner or person
authorised to take affidavits.
Verification of copy
5.
A copy of an entry in a banker's book shall not be received in evidence under
the provisions of 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.
Case in which banker, etc., not compellable to produce book, etc.
6.
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 the provisions of this Act, 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.
Court may order inspection etc.
7.
On the application of any party to a legal proceeding the court 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.
-----------------------------------------
Controlled by Ministry of Attorney-General
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