180

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 7, 1941.

Proof of instruments creating

powers of attorney

Application to Scotland.

Application

to Northern Ireland.

4.--(1) A document purporting to be---

(a) an office copy of an instrument deposited in the central office of the Supreme Court under section two hundred and nineteen of the Supreme Court of Judicature (Consolida- tion) Act, 1925; or

(b) an extract of an instrument creating a power of attorney registered in Scotland in the books of council and session; or

(c) an office copy of an instrument deposited in the proper office of the Supreme Court under section forty-eight of the Conveyancing Act, 1881, as it applies to Northern Ireland;

shall, in any part of the United Kingdom, without further proof be sufficient evidence of the contents of the instrument and of the fact that it has been so deposited or registered.

(2) Subsection (4) of the said section two hundred and nineteen and subsection (4) of the said section forty-eight are hereby repealed.

5. In the application of sections one and two of this Act to Scotland the following modifications shall be made :-

(1) section one shall have effect as if there were added at the end of subsection (1) the following words—“or by a judge ordinary, magistrate, justice of the peace or notary public";

(2) for subsection (1) of section two, the following subsection shall be substituted :-

"(1) In any criminal proceedings instituted, whether before or after the commencement of this Act, during the war period-

(a) a certificate certifying that any document or docu- ments specified therein and attached thereto constituted or formed part of a postal packet which was examined by an authorised examiner on a date specified therein; or

(b) a certificate certifying that any document or docu- ments so specified and attached is or are a true photographic copy or true photographic copies, made by an authorised photographer, of any document or documents which con- stituted or formed part of such a postal packet as aforesaid, shall, if purporting to be signed by a person being a com- petent officer, be competent and sufficient evidence of the matters so certified, without proof of the signature being the signature of that person or of his official capacity, and any document so certified as a photographic copy shall be held as equivalent to the original.

6. In the application of section one of this Act to Northern Ireland, for the reference to a commissioner for oaths appointed under section one of the Commissioners for Oaths Act, 1889, there shall be substituted a reference to a commissioner to administer oaths appointed under section 40 & 41 Viet. Seventy-four of the Supreme Court of Judicature Act

(Ireland), 1877.

c. 57.

Provision as to orders.

7. Any Order in Council or order made under this Act may be revoked or varied by a subsequent Order in Council or order made in like manner.

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