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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
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 any. wise 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,
ee, or other claimant or possessor of the said land, and agains 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 forth with thereafter the fruit crop for which any such preferable lien bas been
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. 160. 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.
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 to 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 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 it 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.
Frauds by lienor.
9. Any grantor of any preferable lien on a fruit crop and any servant of such grantor who afterwards sells or delivers the fruit
under any such lien to any purchaser or other person without the written consent of the lienee, his executors, administrators, or assigns, or who sells, disposes of, leases, or otherwise incumbers or causes to be sold or disposed of, leased, or otherwise incumbered without such written consent as aforesaid, any of the land whereon such fruit crop is growing or not harvested, with intent to defraud such lienee of any of such fruit crop or of the value thereof, or to defraud in any of the cases aforesaid, the purchaser, mortgagee, lessee, or other incumbrancer of the said land, or who in any way or by any means whatsoever or howsoever directly orindirectly destroys, defeats, invalidates, or impairs the right of property of any lienee in the fruit crop mentioned and described in any such registered agreement as aforesaid; and any purchaser of the interest of any grantor of any preferable lien on fruit crop or the executors or administrators of any such grantor, and any overseer or servant of such person respectively who in any way or by any means whatsoever directly or indirectly destroys, defeats, invalidates, or impairs, or any other person or persons who wilfully and knowingly incites, aids, or abets any such purchaser, overseer, or servant directly or indirectly to defeat, destroy, invalidate, or impair the right or property of any such lienee as aforesaid, his executors, administrators, or assigns respectively in any fruit crop comprised in any such lien, shall be guilty of a misdemeanor, and shall be liable to fine or imprisonment, or to both fine and imprisonment; such fine may be of an amount not exceeding Two Hundred Pounds, and such imprisonment may in either case be for a term of not more than five
Affidavits, before whom sworn.
10. Any affidavit referred to in this Act may be taken or made within the State before any Commissioner for taking affidavits in the Supreme Court or before any Justice of the Peace for the State, and outside the State in the manner provided by the Supreme Court Act, 1867, or the Oaths and Notarial Acts (in Foreign countries) Act, 1915.
In the name and on behalf of His Majesty, I hereby assent to this Bill.
TOM BRIDGES, Governor.
THE Liens on Fruit Act.—1923.
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 Č. D., of...
......, I do hereby give the said Č. D.
C. a preferable lien (to the extent of the said sum and the interest and commission hereinafter mentioned) on the fruit crop growing and not harvested on my orchard at..
acres and being allotment .... of section ...... hundred..... (or other substantial description).
It is agreed that the said C. D. shall be entitled to interest at the rate of...... per centum per annum from....
on the sum of .....
.and to a commission on such sum at the rate of
· per centum.
And it is further agreed that the said fruit crop shall be harvested by me or at my expense and shall be delivered at... ... to the order of the said C. D.
[1/ the parties intend that the lienee should have power to sell, add the words and that the said C. D. may sell the said fruit crop so delivered and retain the expenses of sale and the moneys due to him on this security from the proceeds of sale ”]. Dated........ day of...
A.D. 19...... Witness
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.