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An Act to apply, out of the General Revenue, the sum of
Four Hundred Thousand Pounds to the Service
[Assented to, August 15th, 1900.] DE it Enacted by the Governor, with the advice and consent of D the Parliament of South Australia, as follows:
here shall be
1 Out of the General Revenue of South Australia there shall Issue and application
of £400,000. be issued and applied, from time to time, for the service of the three months ending the thirtieth day of September, one thousand nine hundred, any sums of money not exceeding in the whole the sum of Four Hundred Thousand Pounds.
2. No payments for any establishment or service shall be made Payments not to out of the said sum in excess of the rates voted for similar estimates
exceed last year's establishments or services on the Estimates for the year ended the thirtieth day of June, one thousand nine hundred, except so far as such rates are affected by the “ Civil Service Act, 1874,” or Exception. by departmental regulations.
In the name and on behalf of Her Majesty, I hereby assent to this Bill.
Adelaide : By authority, C. E. BRISTOW, Government Printer, North Terrace.
An Act to provide a further Loan to “The Renmark
[Assented to, October 3rd, 1900.] DE it Enacted by the Governor, with the advice and consent of D the Parliament of South Australia, as follows:
1. This Act may be cited as “ The Renmark Irrigation Trusts Title Loan Amendment Act, 1900,” and shall be incorporated with “ The Renmark Irrigation Trusts Act, 1893,” and “ The Renmark Trusts Loan Act, 1896,” which Acts and this Act may be cited together as “ The Renmark Irrigation Trusts Acts.”
2. In this Act the following expressions shall have the meanings by this section assigned to them, except where any such meaning is inconsistent with the context or subject matter— .
“Trust”—The Renmark Irrigation Trust, No. 1:
Chaffey Brothers' Act,” “Chaffey Brothers, Limited,” and
Renmark Irrigation Trusts Act, 1893":
amount for which the mortgagor of any land situated within
The Renmark Irrigation Trusts Loan Amendment Act.—1900.
hereof, have been entitled to redeem the property comprised in the mortgage, and as if he were then fully entitled to the benefit of all provisions for rebate of interest on payment
in advance contained in the contract : "Person” and “persons ”includes any legal or equitable mortgagee,
sub-mortgagee, debenture-holder, transferee, or assignee of any mortgagee or sub-mortgagee, or any person whomsoever claiming directly or indirectly, through, under, or in respect of any contract, or directly or indirectly through or under any mortgagee, sub-mortgagee, debenture-holder, transferee, or assignee of a mortgagee or sub-mortgagee, whether by act of the parties, or by operation or process of law, or otherwise
howsoever : “ Contract” includes deed, transfer, defeasance, instrument,
mortgage, debenture, contract, or agreement, howsoever executed, issued, made, or entered into, and whether by seal or parol ; and “ mortgagor,” a mortgagor of any land situate within the Renmark Irrigation District, No. 1, on which any
principal moneys are secured : “Registrar-General” and “ Assurance Fund”—The same meaning
as under “ The Real Property Act, 1886.”
Power to lease pro. perty for arrears of rates.
Notice before possession.
3. (1) Where any rates declared by the Trust before or after the coming into operation of this Act in respect of any property remain unpaid for three months after the commencement of this Act, and, after becoming due, remain unpaid for such period, the Trust may, with the previous consent of the Governor, and subject as hereinafter appears, take possession of such property, and may hold the same as against any person interested therein, and from time to time grant leases of the same for any period not exceeding seven years, and every deed and other instrument entered into by the Secretary of the Trust in the name or on behalf of the Trust as hereinafter appears for effectuating such letting shall be valid against and binding upon the owner of such property or any person claiming through or under him.
(2) The Trust shall not take possession of any such property until three months after a notice in writing, setting forth that rates in respect of such property are unpaid, and demanding payment thereof, and stating that in default of such payment the Trust will take possession thereof under the provisions of this Act, has been served on or posted to every person appearing by the books of the RegistrarGeneral to be a mortgagee of the property, and on or to every person who is rated in respect of such property or is entitled under any lease to the possession of such property whose name and address is known to the Trust, or, if there is no such person whose name and address is so known, has been affixed to some conspicuous place on such property; and every such notice served on or posted to any person, or so affixed, shall contain a sufficient description of the property to identify the same, but every lease granted by the Trust otherwise
The Renmark Irrigation Trusts Loan Amendment Act.—1900.
in accordance with the provisions of this Act shall be valid, notwithstanding the non-compliance with any of the provisions of this sub-section.
(3) On taking possession of any property as aforesaid the Trust Notice of possession. shall cause to be affixed on some conspicuous part thereof a notice that such property has been taken possession of by the Trust under the provisions of this Act and is to let on lease.
(4) An entry in the minute book of the Trust that notice has been Evidence. served, posted, or affixed as required by sub-clauses (2) and (3) of this clause, or a certified copy of such entry, shall be accepted as conclusive evidence of the giving of such notice, and of the rates therein referred to being unpaid.
(5) Every such lease shall be for such term not exceeding seven Lease. years as to the Trust may seem fit, and shall reserve the best rent which can be reasonably obtained for such property, and shall contain and be subject to such other reservations and such exceptions, covenants, and conditions as to the Trust may seem fit.
(6) The Secretary shall, upon being directed by the Trust so to do, Execution of lease. execute in the name and on behalf of the Trust a memorandum of lease or other deed or instrument, in such form as he may think fit, leasing such property to the lessee or lessees free from any mortgage, lease, tenancy, or encumbrance.
(7) The Registrar-General shall, on the receipt of a certified copy Registration. of the entry in the minute book mentioned in sub-section (4) hereof, and without any further evidence of title or of the power of the Trust to grant such lease, forthwith register the same in the certificate of title bound up in the register book relating to such property, on payment of the usual fee therefor, and the registration of such lease shall vest in the lessee an indefeasible estate during the term and subject to the provisions of the said lease.
(8) Within three months after demand by any person who, but for Release of property. the provisions of this Act, would be entitled to the possession of any such property, made within twenty-one years after the taking possession thereof on the part of the Trust, and after payment of all rates due in respect thereof, and all costs, charges, and expenses incurred by the Trust in respect of such property, pursuant to the Renmark Irrigation Trust Acts, and interest upon all arrears of such rates, costs, charges, and expenses, at the rate of Six Pounds per centum per annum, the Trust shall execute under the common seal of the Trust a release of such property from all rates due in respect thereof; and if the Trust make default in executing such release the Supreme Court may, upon the motion of any person interested in that behalf, compel the Trust so to do; and upon the execution of such release, subject to any lease theretofore legally granted by the Trust under the provisions of this Act, such person or persons shall be entitled to such property, and the possession thereof, as would have been so entitled if this Act had not passed, and any tenant of such property under any such lease shall attorn to such person or persons accordingly.