Right of lienee to Lienee protected against sales, &c., of orchard. Ibid., s. 159. Liens on Fruit Act.-1923. 3. In all cases where any person bona fide makes any advance of money or gives any negotiable security, or supplies any chattels to any proprietor of a fruit crop on condition of receiving the produce of the then next ensuing harvest of such proprietor as absolutely purchased by or in payment of or to secure the payment of any such money or negotiable security, or for any such chattels (as the case may be), and where the agreement relating thereto is made in the form of the Schedule hereto, or in a form to the like effect, and is registered within ten days after the date of such agreement by leaving in the office of the Registrar-General of Deeds a true copy thereof, verified on oath before any person authorised to take affidavits, the person making such purchase or advance or giving such negotiable security, or supplying such chattels, shall be entitled to the whole of the fruit crop mentioned in such agreement, whether such advance of money or the giving such negotiable security, or the supply of such chattels, be before, at, or after the granting of any such preferable lien, so long as the registered agreement relating thereto has been made in payment or to secure the payment of such money or negotiable security, or for such chattels; and possession of such fruit crop by the said proprietor, his executors or administrat: rs, shall be to all intents and purposes in the law the possession of the person making such purchase or advancing such money, or giving such negotiable security, or supplying such chattels; and after such advance has been repaid, or such negotiable security satisfied, or such chattels paid for, with such interest and commission as may be specified in any such agreement, the possession and property of the said fruit crop shall, if such agreement was made by way of security, re-vest in such proprietor, subject, nevertheless, to any charge in the meantime created by the proprietor and which then affects the same. 4. After such agreement as aforesaid has been registered as aforesaid, the preferable lien of the lienee on the fruit crop of the then next ensuing harvest of such proprietor shall not be in anywise extinguished, suspended, impaired, or otherwise prejudicially affected by any subsequent sale, mortgage, or other incumbrance whatsoever of the orchard on which such fruit crop then is growing or not harvested, and which is mentioned and described in the registered agreement relating to any such preferable lien, nor by the subsequent insolvency of the lienor, his executors or administrators, nor by any execution against his or their property, but shall be as valid and effectual to all intents and purposes whatsoever against any such subsequent purchaser, mortgagee, incumbrancer, lessee, or other claimant or possessor of the said land, and against the assignees of such insolvent lienor, his executors or administrators, and against any execution creditor, as against the original proprietor thereof who granted such lien. And if any such lienor, subsequent purchaser, mortgagee, incumbrancer, lessee, or other claimant or possessor, assignee, or execution creditor neglects or refuses to harvest at the usual season and deliver forthwith thereafter the fruit crop for which any such preferable lien bas been granted Liens on Fruit Act.-1923. granted as aforesaid, in pursuance of the provisions in that behalf contained in such registered agreement, it shall be lawful for the lienee, his executors or administrators to take possession of the orchard bearing such fruit crop for the purpose of harvesting such fruit crop, and (if authorised by such registered agreement in that behalf) to sell the same; and all expenses attending such harvesting and the conveyance of the produce thereof to the place of abode or business of such lienee, or to the nearest place of shipment, and of any sale as aforesaid, shall be incorporated with and be deemed in law part of the amount secured by such lien. 5. If the lienor is a tenant then the lienee shall before carrying Liens by tenants. away such fruit crop pay to the landlord of the orchard whereon Ibid., s. 16C. such fruit crop has been or is growing or not harvested such sum of money not exceeding one year's rent as is due to him for rent at the time of carrying away such fruit crop, and the lienee may repay himself the sum so paid out of the proceeds of the sale of such fruit crop before paying over the balance to the lienor. to 6. If at the time of the granting of such lien there is in force a Liens by mortgamortgage of the orchard whereon such fruit crop is growing or not gors. harvested such lienee shall before carrying away such fruit crop pay Ibid., s. 161. the mortgagee the amount of interest not, however, exceeding twelve months' interest due upon such mortgage at the time of carrying away such fruit crop, and such lienee may repay himself the sum so paid for interest out of the proceeds of the sale of such fruit crop before paying over the balance to the lienor. 7. Every such registered lien of fruit crop shall be assignable at Transfer of liens. law by writing; and the assignee thereof respectively may bring Ibid., s. 162. every such action thereupon or in respect thereof in his own name, and shall have and may exercise the same right, title, and interest, powers, and authorities as the original lienee could have brought, would have had, or might have exercised if no assignment had been made by him. 8. The Registrar-General of Deeds shall keep a separate and Registration. distinct register from year to year of all such agreements as are Ibid., s. 163. referred to in this Act, and shall be entitled to demand for every registration thereof a fee of Five Shillings; and all persons shall have access to the said registers and may search the same during the usual hours of business on paying a fee of One Shilling for every search for each agreement for a purchase of fruit crop or advance thereon. At the end of twelve months next after the expiration of the year for which any such preferable lien upon fruit crop has been given as aforesaid, the Registrar-General of Deeds shall remove from the records of his office such preferable lien, and shall destroy or cancel the same, or at any time at the request of both parties to any such preferable lien, and upon payment of a fee of Two Shillings and Sixpence shall enter satisfaction on the same. Liens on Fruit Act.-1923. THE SCHEDULE. In consideration of £...... bona fide value which I admit to have received in Section 3. [money or negotiable securities or chattels or all or any of these as the case may be] from C. D., of.... I do hereby give the said C. D. a preferable lien (to the extent of the said sum and the interest and commission at.. ......of section ..... hundred. . . . . . . and 66 Dated........day of.. Witness A.D. 19...... (Signed) .A. B. 66 N.B.-If the money or negotiable security or chattels advanced or supplied be for the absolute purchase of the crop over which the lien is given instead of the words to the extent of the said sum and the interest and commission hereinafter mentioned " insert the words "for the absolute purchase and the whole value hereof." Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. |