✨ Text of Legislation
245
AN ACT to give greater effect to Powers of Attorney.
(Assented to 16th September, 1854.)
Title,
Preamble.
WHEREAS difficulties frequently arise as to Titles to
Land, by reason of Conveyances or other Instru-
ments; and acts affecting same having been executed and done
under Powers of Attorney from absent persons, of whom it cannot
be known whether they are alive, or whether they may not have
revoked such Powers of Attorney at the date of the execution
of such conveyances or other instrument, or of such acts being
done.
BE IT THEREFORE ENACTED by the General Assembly of New
Zealand:
- Whenever the person who may have executed or shall here-
after execute any Power of Attorney, (whether such person wereor
be at the time within the Colony or not) shall not have declared or
shall not declare therein that such power shall continue in force
only until his death or revocation thereof, then, and in every such
case, such power shall, so far as may concern all Contracts entered
into bona fide, and all Conveyances, Leases, Mortgages, and other
dispositions of or relating to Lands or Tenements in the Colony of
New Zealand, for valuable consideration only, and no farther or
otherwise, operate and continue in force until notice of his death or
of the revocation of such power shall have been received by the.
Attorney named therein, and every Act (within the scope of the
powers and authority conferred upon the said Attorney to such ex-
tent as aforesaid) heretofore or hereafter to be done or suffered by
him after such death or revocation as aforesaid, and before notice
thereof shall have been received, shall be as effectual in all respects
as if such death or revocation had not happened or been made.
Certain Powers of At-
torney to continue in
force until notice of
death or of revocation
shall have been re-
ceived by the At-
torney.
- A Solemn Declaration, in the form set forth in the
Schedule hereunto annexed. made by any such Attorney, that he
has not received any notice or information of the revocation of such
Power of Attorney by death or otherwise, shall, if made immedi-
ately before or after any such Act as aforesaid, be taken to be con-
clusive proof of such non-revocation at the times thereof respec-
tively.
A solemn declaration
made by the Attorney
shall, in certain cases,
be conclusive proof of
non-revocation.
- It shall be lawful for any Justice of the Peace or Notary
Public to take and receive the Declaration of any person voluntarily
making the same before him in the form in the Schedule to this Act
annexed, and any person who shall wilfully and corruptly make and
subscribe any such Declaration, knowing the same to be untrue in
any material particular, shall be deemed guilty of misdemeanour,
and on conviction thereof shall be liable, at the discretion of the
Court trying the offence, to be imprisoned with or without hard
labour for any term not exceeding three years, or to pay such fine
or both as the said Court shall award.
Justice of the Peace
or Notary Public may
take declarations in
the form in the
Schedule. Penalty
for false declarations,
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NZ Gazette 1854, No 37
✨ LLM interpretation of page content
🏛️
AN ACT to give greater effect to Powers of Attorney.
(continued from previous page)
🏛️ Governance & Central Administration16 September 1854
Powers of Attorney, Legislation, Conveyances, Declarations, Justice of the Peace, Notary Public