Section 310
Procedure in respect of instruments so executed
of National Land Code (Revised - 2020)
(1)
Where, pursuant to paragraph 309(1)(b), any instrument to which that section applies is accompanied by a copy of a power of attorney for the Registrar’s retention, the Registrar shall—
(a)
compare that copy with the office copy or, as the case may be, original power of attorney sent pursuant to paragraph (a) of that subsection, and
(b)
on registering the instrument—
(i)
file the compared copy;
(ii)
note the existence of the compared copy, and the reference under which it is filed, both on the instrument and on the office copy or original power of attorney; and
(iii)
return the office copy or original power of attorney to the person or body by whom it was sent.
(2)
Where, in the case of any instrument to which section 309
applies, a copy of any power of attorney has, as mentioned in subsection (2) of that section, been filed by him on some previous occasion, the Registrar shall—
(a)
on registering the instrument, note thereon the existence of that copy, and the reference under which it is filed;
and
(b)
in any case where the instrument was accompanied by an office copy not previously submitted to him, make a like note thereon before returning it to the sender.
317
National Land Code 469
Enquiries, etc., by Registrar 311.
In determining the fitness for registration of any instrument to which section 309 applies, the Registrar—
(a)
may, without prejudice to the generality of his powers under section 302, require from the attorney or his principal a statutory declaration, or other evidence upon oath or affirmation, that the power of attorney was, at the material time, still in force; but
(b)
shall not, in the exercise of those powers, require proof of the due execution of any power of attorney where the document delivered to him pursuant to paragraph 309(1)(a) was an office copy thereof.