Published: 1891-06-10
Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Signature alone to make power of attorney valid
3. Stamp duty not affected
Cap. 16, 1959,
L.N. 84, 1966.
An Act to amend the law relating to the execution and attestation of powers of attorney.
[Date of Commencement: 10th June, 1891]
1. Short title
This Act may be cited as the Powers of Attorney Act.
2. Signature alone to make power of attorney valid
It shall be sufficient for the validity of any power of attorney made after the passing of this Act that the same shall be signed at the foot or end thereof by the person making the same with his signature or mark:
Provided that it shall be lawful for the Registrar of Deeds, Master of the High Court, or any other person, before paying out any money, or doing any other act, or authorizing any act to be done by virtue of any power of attorney, to require that the signature or mark of the person making the same shall be attested-
(a) by the signature of two witnesses who are above the age of 14 years, and competent to give evidence in a court of justice, and who shall affix their signatures as near as conveniently may be to the signature or mark of the person making the power of attorney;
(b) by the declaration of one such witness as aforesaid, who shall declare that he was present and saw the person making such power sign the same, or affix his mark thereto, or that such person acknowledged his signature or mark thereto in the presence or hearing of the witness; or
(c) by the certificate of a Justice of the Peace or Notary Public.
3. Stamp duty not affected
Nothing contained in this Act shall alter or affect any stamp duty which may now or hereafter be imposed upon powers of attorney.