NTIn ForceAct
Trustee Act 1893
17Power to authorize receipt of money by banker or legal
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17 Power to authorize receipt of money by banker or legal
practitioner
(1) A trustee may appoint a legal practitioner to be his agent to receive
and give a discharge for any money or valuable consideration or
property receivable by the trustee under the trust, by permitting the
legal practitioner to have the custody of, and to produce, a deed
having in the body thereof or endorsed thereon a receipt for such
money, consideration, or property, the deed being executed or the
endorsed receipt signed by the trustee.
(2) A trustee shall not be chargeable with breach of trust by reason
only of his having made or concurred in making any such
appointment. The producing of any such deed by the legal
practitioner shall be sufficient authority to the person liable to pay or
give the consideration, or transfer or deliver the property, for his
paying, giving, transferring, or delivering the same to the legal
practitioner, without the legal practitioner producing any separate or
other direction or authority from the trustee.
Proclamation in the Government Gazette 13
(3) A trustee may appoint a bank or a legal practitioner to be his agent
to receive and give a discharge for any money payable to the
trustee under or by virtue of a policy of assurance, by permitting the
bank or legal practitioner to have the custody of and to produce the
policy of assurance with a receipt signed by the trustee, and a
trustee shall not be chargeable with a breach of trust by reason only
of his having made or concurred in making any such appointment.
(4) Nothing in this section shall exempt a trustee from any liability
which he would have incurred if this Act had not been passed, in
case he permits any such money, valuable consideration, or
property to remain in the hands or under the control of the bank or
legal practitioner for a period longer than is reasonably necessary
to enable the bank or legal practitioner (as the case may be) to pay
or transfer the same to the trustee.
(5) This section applies only where the money or valuable
consideration or property is received after the commencement of
this Act.
(6) Nothing in this section shall authorize a trustee to do anything
which he is in express terms forbidden to do, or to omit anything
which he is in express terms directed to do, by the instrument