1174
Ordinance No. 9 of 1870,
8. 3.
Petition, &c., to be signed by counsel.
[23 & 24 Vic., c. 38, s. 9.]
Trustee, &c., making payment under power of attorney not to be liable by reason of giving such power.
[22 & 23 Vic., c. 35, s. 20.]
ORDINANCE No. 7 OF 1873.
Property and Trustees Relief.
direction given by the Court, shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor, or administrator, in the subject matter of the said application: Provided nevertheless, that this Ordinance shall not extend to indemnify any trustee, executor, or administrator, in respect of any act done in accordance with such opinion, advice, or direction, as aforesaid, if such trustee, executor, or administrator, shall have been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice, or direction; and the costs of such application as aforesaid shall be in the discretion of the Court: Provided also that the petition or statement shall be signed by counsel, and the Court may require the petitioner or applicant to attend him by counsel either in Chambers, or in Court, where it deems it necessary to have the assistance of counsel.
the person
Payments under Powers of Attorney.
11. No trustee, executor, or administrator, making any payment or doing any act bona fide under or in pursuance of any power of attorney shall be liable for the moneys so paid or the act so done, by reason that the person who gave the power of attorney was dead at the time of such payment or act, or had done some act to avoid the power: Provided that the fact of the death, or of the doing of such act as last aforesaid, at the time of such payment, or act bona fide done as aforesaid by such trustee, executor, or administrator was not known to him: Provided always, that nothing herein contained shall in any manner affect or prejudice the right of any person entitled to the money against the person to whom such payment shall have been made, but that such person so entitled shall have the same remedy against such person to whom such payment shall be made as he would have had against the trustee, executor, or administrator if the money had not been paid away under such power of attorney.
As to liability of executor or administrator in respect of rents, covenants, or agreements:
[22 & 23 Vic., c. 35, s. 27.]
Liability in respect of Rents and Covenants.
12. Where an executor or administrator, liable as such to the rents, covenants, or agreements contained in any lease or agreement for a lease granted or assigned to the testator or intestate whose estate is being administered, shall have satisfied all such liabilities under the said lease or agreement for a lease as may have accrued due and been claimed up to the time of the assignment hereafter mentioned, and shall have set
Page 5
Page 6