Full text: Secretarial practice

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27 
SECRETARIAL PRACTICE 
(5) Rules of Court may be made for the purposes of 
this section, regulating the practice! of the Central 
Office and prescribing, with the concurrence of the 
Treasury, the fees to be taken therein. 
Such filing, however, is optional except in the case of 
powers executed by trustees under s. 25 of the Trustee Act, 
1925, and powers relating to the disposition of land, the 
latter of which are governed by the following provisions 
of s. 125 of the Law of Property Act, 1925:— 
(1) Where an instrument creating a power of attorney 
confers a power to dispose of or deal with any 
interest in or charge upon land, the instrument or a 
certified copy thereof or of such portions thereof as 
refer to or are necessary to the interpretation of 
such power shall be filed at the Central Office pur- 
suant to the statutory enactment in that behalf, 
unless the instrument only relates to one transaction 
and is to be handed over on the completion of that 
transaction; Provided that if the instrument relates 
to land or a charge registered under the Land Regis- 
tration Act, 1925, the instrument or a certified copy 
thereof or of such portions thereof as aforesaid shall 
be filed at the Land Registry, and it shall not be 
necessary to file it at the Central Office unless 
it also relates to land or a charge not so registered, in 
which case the instrument or a certified copy thereof 
or of such portions thereof as aforesaid shall be 
filed at the Central Office and an office copy shall 
he filed at the Land Registry. 
Notwithstanding any stipulation to the contrary a 
purchaser of any interest in or charge upon land 
mot being land or a charge registered as aforesaid) 
shall be entitled to have any instrument creating a 
power of attorney which affects his title, or a copy 
thereof or of the material portions thereof delivered 
to him free of expense. 
This section only applies to instruments executed 
after the commencement of this Act, and no right 
to rescind a contract shall arise by reason of the 
enforcement of the provisions of this section. 
In all other cases a third party has, therefore, no power 
to insist upon registration; and, while the law remains as 
it is, the only alternative would seem to be the possession 
1 In practice, deeds of revocation may also be filed, if similarly 
verified, and the original power will then be marked ‘revoked.’ 
(3)
	        
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