CO129-548-9 Trustee Ordinance 1934 21-7-1934 - 1-8-1934 — Page 13

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Colony within ten days after its receipt in the Colony, with a statutory declaration by the donor that he intends to remain out of the Colony for a period exceeding one month from the date of such declara- tion, or from a date therein mentioned.

(5) The execution of any such instrument and statutory declaration shall be verified in such manner as may be required by any enactment in the case of powers of attorney deposited in the Registry of the Supreme Court.

(6) The statutory declaration aforesaid and a statutory declaration by the donee of the power of attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee.

(7) In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the donor were alive and of full capacity, and had himself done such act or executed such instrument, unless such person had actual notice that the power had never come into operation or of the revocation of the power before such act was done or instrument executed.

(8) For the purpose of executing or exercising the trusts or powers delegated to him, the donee may exercise any of the powers conferred on the donor as trustee by statute or by the instrument creating the trust, including power, for the purpose of the transfer of any inscribed stock, himself to delegate to an al- torney power to transfer but not including the power of delegation conferred by this section.

(9) The fact that it appears from any power of attorney given under this section, or from any evid ence required for the purposes of any such power of attorney or otherwise, that in dealing with any stock the donee of the power is acting in the execution of a trust shall not be deemed for any purpose to affect any person in whose books the stock is inscribed or registered with any notice of the trust.

Protection against

liability in respect of rents and covenants. 15 Geo. 5, c. 19, s. 26.

Indemnities.

28.-(1) Where a personal representative or trustee liable as such for-

(a) any rent, covenant, or agreement reserved by

or contained in any lease; or

(b) any rent, covenant or agreement payable under or contained in any grant made in consideration of a rent-charge; or

(c) any indemnity given in respect of any rent, covenant or agreement referred to in either of the foregoing paragraphs;

satisfies all liabilities under the lease or grant which may have accrued, and been claimed, up to the date of the conveyance hereinafter mentioned, and, where necessary, sets apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum which the lessee or grantee agreed to lay out on the property demised or granted, although the period for laying out the same may not have arrived, then and in any such case the personal representative or trustee may convey the property demised or granted to a purchaser, legatee, devisee or other person entitled to call for a conveyance thereof and thereafter-

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