Section 142 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 142 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Payment by attorney under power without notice of death, etc. It provides as follows:

(1) Any person making any payment or doing any act, in good faith, in
pursuance of a power of attorney, shall not be liable in respect of the payment or act
by reason that before the payment or act the donor of the power had died or become subject to disability or bankrupt or had revoked the power, if the fact of death, disability, bankruptcy, or revocation was not at the time of the payment or act known to the person making or doing the same.

(2) A statutory declaration by an attorney to the effect that he has not received any
notice or information of the revocation of such power of attorney by death or
otherwise shall, if made immediately before or within three months after any such
payment or act as aforesaid, be taken to be conclusive proof of such non-revocation
at the time when such payment or act was made or done.

Where the donee of the power of attorney is a corporation aggregate, the officer
appointed to act for the corporation in the execution of the power may make the
statutory declaration in like manner as if that officer had been the donee of the power.

Where probate or letters of administration have been granted to any person, as
attorney for some other person, this section applies as if the payment made or acts
done under the grant had been made or done under a power of attorney.

(3) This section does not affect any right against the payee of any person interested
in any money so paid; and that person shall have the like remedy against the payee
as he would have had against the payer if the payment had not been made by him.

(4) This section applies to payments and acts made and done before or after the
commencement of this Law, and in this section “power of attorney” includes a power
of attorney implied by statute.