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Report No. 68

Payment by attorney under power, without notice of death, etc. good. [Existing section 3]

4. (1) Any person making or doing any payment or act in good faith, in pursuance of a power of attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become of unsound mind, or been adjudged an insolvent or had revoked the power, if the fact of death unsoundness of mind insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same.

(2) Nothing in this section shall affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him.

[Existing section 4 is omitted]'1.

1. See the body of the Report, Para. 4.1.

The Powers of Attorney Act, 1882 Back

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