1905 (7) TMI 2

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....ruction of Section 85 of the Evidence Act. On the 3rd June last, a petition was presented by Mr. Harry, a member of the firm of Messrs. Orr, Dignam & Co. asking for an order that letters of administration with the copy of the will of the property and credits of one William Hansbrow Mylne deceased be granted to him as the duly constituted Attorney of William Charles Robert Mylne, the sole executor ....

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.... delivered in my presence and in that of the two thereto subscribing witnesses by General William Charles Robert Mylne, the constituent therein named and described. Whereof an act being required, I, the said Notary, have granted these presents under my Notarial firm and seal to serve and avail when and where need may require. Done and passed in London the 27th day of February in the year of our Lo....

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....ther, in the face of that section, an affidavit of identification as to the person purporting to make the Power-of-Attorney being the person named therein is necessary. This document purports to be a Power-of-Attorney, and to have been executed before, and authenticated by a Notary Public. Unless the authentication by the Notary is to be treated as the equivalent of an affidavit of identity it goe....

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.... identity would be likely to prevent the fraud, or afford any real protection. In our judgment, the object of the section was to avoid the necessity of anything of that sort. 4. No affidavit of identity in our opinion was necessary, and if the matter had come before us originally, we should have made the order, and this view is fortified by the fact that for nearly 35 years, no affidavit of ide....