HC Deb 21 July 1915 vol 73 cc1615-7

(1) When a power of attorney is deposited pursuant to Sub-section (1) of Section two of the principal Act at the central office of the Supreme Court or the proper office of the Supreme Court of Judicature in Ireland, it shall be lawful for the donor to cause any instrument of revocation to be deposited in like manner.

(2) In the event of the death of the donor of any power of attorney so deposited, or of his becoming of unsound mind, it shall be lawful for any person interested either beneficially or as trustee in the property which is the subject of the trust to deposit at the office where such power of attorney has been deposited a statutory declaration to that effect.

(3) It shall be the duty of the proper officer in charge of the powers of attorney so deposited on payment of a fee of two shillings and sixpence to give an official certificate to any person applying in that behalf, stating whether or not any instrument of revocation under Sub-section (1) of this Section or any statutory declaration under Sub-section (2) of this Section has been deposited, and such certificate shall bear the date of its issue.

(4) In favour of any person dealing with an attorney appointed by any such deposited power of attorney on the faith of a certificate issued under Sub-section (3) of this Section, any act done or instrument executed by the attorney before midnight of the third day next after the date of such certificate shall be as valid and effectual as if the donor of the power of attorney were alive and of sound mind and had himself done such act or executed such instrument, unless such person had actual notice of the revocation of the power, or of the death or unsoundness of mind of the donor of the power before such act was done or deed executed.

(5) In favour of a person dealing with the attorney any such statutory declaration made by the attorney as is mentioned in Sub-section (4) of Section one of the principal Act shall be conclusive evidence of the facts therein declared.

Sir F. E. SMITH

I beg to move to leave out Sub-sections (1) to (4) inclusive, and to insert instead therof,

(1) In favour of any person dealing with the donee of a power of attorney made under the principal Act or this Act, any act done or instrument executed by the attorney shall, notwithstanding that the power has become revoked by the act of the donor of the power or by his death or otherwise, be as valid and effectual as if the donor of the power were alive and of sound mind and had himself done such act or executed such instrument, unless such person had actual notice of the revocation of the power or of the death or unsoundness of mind of the donor of the power before such act was done or deed executed.

Sir F. BANBURY

I have no doubt that this is all right, but I do not understand it. Who is the donor?

10.0 P.M.

Sir F. E. SMITH

If the hon. Baronet will turn to Clause 3 he will see the provisions of Sub-sections (1), (2) and (3) with regard to the power of the donor to cause any instrument of revocation to be deposited pursuant to the provisions of the principal Act, and also provisions as to what is to take place in the ease of the death of the donor, and as to the issue of an official certificate. The point is this, as contemplated when this Bill was drafted, that if the donor died or became of unsound mind it was necessary that the person interested either beneficially or as a trustee should deposit a statutory declaration.

Sir F. BANBURY

What is a donee and what is the difference between a donor and a donee?

Sir F. E. SMITH

The donor is the person who gives and the donee is the person who receives. Does that completely satisfy the hon. Baronet?

Sir F. BANBURY

Yes.

Mr. CAVE

Is it proposed to leave out all the lines mentioned?

Sir F. E. SMITH

It was pointed out by those who have practical experience of these matters that intolerable complications would follow if the stipulation that the certificate must be produced was persisted in. We had a communication from the Incorporated Law Society pointing out the inconveniences and suggesting an Amendment. That was not accepted exactly but the substance of it was.

Amendment agreed to.