relate, and other particulars found convenient; and every 45 & 46 Vict. c. 39, such certificate lodged after the commencement of this Act ss. 7, 8. shall be entered in the index as soon as may be after the certificate is filed. (8.) An office copy of any such certificate filed before or after the commencement of this Act shall be delivered to any person applying for the same; and every such office copy shall be received as evidence of the acknowledgment of the deed to which the certificate refers. Powers of Attorney (ƒ). Powers of attorney. power of attorney, for value, made abso lutely irre 8.-(1.) If a power of attorney, given for valuable con- Effect of sideration, is in the instrument creating the power expressed to be irrevocable, then, in favour of a purchaser,— (i.) The power shall not be revoked at any time, either by anything done by the donor of the power with vocable. out the concurrence of the donee of the power, or by the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power; and (ii.) Any act done at any time by the donce of the power, in pursuance of the power, shall be as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power, had not been done or happened; and (iii.) Neither the donee of the power nor the purchaser shall at any time be prejudicially affected by notice of anything done by the donor of the power, without the concurrence of the donee of the power, or of the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power. (ƒ) See Conveyancing Act, 1881, s. 47, p. 293, and Prec. XXXIX., p. 70. 45 & 46 Vict. c. 39, (2.) This section applies only to powers of attorney BS. 8-10. created by instruments executed after the commencement of this Act. Effect of power of attorney, 9-(1.) If a power of attorney, whether given for valuable consideration or not, is in the instrument creating the power for value expressed to be irrevocable for a fixed time therein specified, made irre- not exceeding one year from the date of the instrument, vocable for then, in favour of a purchaser,— or not, fixed time. Executory limitations. Restric tion on (i.) The power shall not be revoked, for and during that fixed time, either by anything done by the donor of the power without the concurrence of the donee of the power, or by the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power; and (ii) Any act done within that fixed time, by the donee of the power, in pursuance of the power, shall be as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power, had not been done or happened; and (iii.) Neither the donee of the power, nor the purchaser, shall at any time be prejudicially affected by notice either during or after that fixed time of anything done by the donor of the power during that fixed time, without the concurrence of the donee of the power, or of the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power within that fixed time. (2.) This section applies only to powers of attorney created by instruments executed after the commencement of this Act. Executory Limitations. 10.-(1.) Where there is a person entitled to land for an estate in fee, or for a term of years absolute or deter Vict. c. 39, minable on life, or for term of life, with an executory limi- 45 & 46 tation over on default or failure of all or any of his issue, ss. 10-12. whether within or at any specified period or time or not, executory that executory limitation shall be or become void and limitaincapable of taking effect, if and as soon as there is living any issue who has attained the age of twenty-one years, of the class on default or failure whereof the limitation over was to take effect. (2.) This section applies only where the executory limitation is contained in an instrument coming into operation after the commencement of this Act. Long Terms. tions. Long terms. ment of 11. Section sixty-five (g) of the Conveyancing Act of 1881 Amendshall apply to and include, and shall be deemed to have enactment always applied to and included, every such term as in that respecting long terms. section mentioned, whether having as the immediate reversion thereon the freehold or not; but not (i.) Any term liable to be determined by re-entry for condition broken; or (ii.) Any term created by sub-demise out of a superior term, itself incapable of being enlarged into a fee simple. ance on 12. The right of the mortgagor, under section fifteen (1) Reconveyof the Conveyancing Act of 1881, to require a mortgagee, mortgage. instead of re-conveying, to assign the mortgage debt and convey the mortgaged property to a third person, shall belong to and be capable of being enforced by each incumbrancer, or by the mortgagor, notwithstanding any intermediate incumbrance; but a requisition of an incumbrancer shall prevail over a requisition of the mortgagor, and, as between incumbrancers, a requisition of a prior incumbrancer shall prevail over a requisition of a subsequent incumbrancer. 45 & 46 Vict. c. 39, s. 13. Saving. Restric tion on Saving. 13. The repeal by this Act of any enactment shall not affect any right accrued or obligation incurred thereunder repeals in before the commencement of this Act; nor shall the same this Act. affect the validity or invalidity, or any operation, effect, or consequence, of any instrument executed or made, or of anything done or suffered, before the commencement of this Act; nor shall the same affect any action, proceeding, or thing then pending or uncompleted; and every such action, proceeding, and thing may be carried on and completed as if there had been no such repeal in this Act. |