ANNO DECIMO TERTIO

GEORGII V REGIS.

A.D. 1922.

No. 1501.

An Act to apply, out of the General Revenue, a further sum of Nine Hundred Thousand Pounds to the Public Service for the Year ending the Thirtieth day of June, nineteen hundred and twenty-three. [Assented to, September 13th, 1922.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

BE

follows:

1. Out of the General Revenue of the State there shall be issued and applied, from time to time, for the public service of the State for the financial year ending the thirtieth day of June, nineteen hundred and twenty-three, in addition to any sum or sums of money so issued and applied pursuant to the Act No. 1500, any further sum or sums of money not exceeding in the whole the sum of Nine Hundred Thousand Pounds.

Issue and application of £900,000.

Estimates.

2. No payments for any establishment or service shall be made Payments not to out of any moneys issued and applied under the authority of this Act exceed last year's in excess of the rates voted for similar establishments or services on the Estimates for the financial year ended the thirtieth day of June, nineteen hundred and twenty-two, except so far as such rates are affected by regulations made under or continued in force by the Public Service Act, 1916.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
G. J. R. MURRAY, Lieutenant-Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

ANNO DECIMO TERTIO

GEORGII V REGIS.

A.D. 1922.

****

**

BE

No. 1502.

An Act to amend the Partition Act, 1881.

[Assented to, October 4th, 1922.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. (1) This Act may be cited as the "Partition Act Amendment Short titles. Act, 1922."

(2) The Partition Act, 1881 (hereinafter referred to as "the No. 203 of 1881. principal Act"), and this Act may be cited together as the "Partition Acts, 1881 and 1922."

2. This Act is incorporated with the Partition Act, 1881, and Incorporation with that Act and this Act shall be read as one Act.

3. This Act shall apply to actions pending at the time of the passing of this Act, as well as to actions commenced after the passing thereof.

principal Act.

Application of Act.
Cf. 39 & 40 Vict.,

c. 17, s. 2.

4. (1) Where in an action for partition it appears to the Court Power to dispense that notice of the decree or order on the hearing of the cause

with service of notice of decree or order in special cases.

(a) cannot be served on all the persons on whom that notice is Cf. ibid., s. 3.
by the principal Act required to be served, or

(b) cannot be so served without expense disproportionate to
the value of the property to which the action relates,

the Court may, if it thinks fit, on the request of any of the parties
interested in the property, and notwithstanding the dissent or dis-
ability of any others of them, by order, dispense with that service

1502

on

Partition Act Amendment Act.-1922.

on any person or class of persons specified in the order, and, instead of that service, may direct advertisements to be published at such times and in such manner as the Court thinks fit, calling upon all persons claiming to be interested in such property who have not been so served to come in and establish their respective claims in respect thereof before the Judge in Chambers within a time to be limited in such advertisements.

(2) After the expiration of the time so limited all persons who have not so come in and established such claims, whether they are within or without the jurisdiction of the Court (including persons under any disability), shall be bound by the proceedings in the action as if on the day of the date of the order dispensing with service they had been served with notice of the decree or order service whereof is dispensed with; and thereupon the powers of the Court under the Trustee Act, 1893, shall extend to their interests in the property to which the action relates as if they had been parties to the action; and the Court may thereupon, if it thinks fit, direct a sale of the properties and give all necessary or proper consequential directions.

5. Where an order is made under this Act dispensing with service of notice on any person or class of persons, and property is sold by order of the Court, the following provisions shall have effect:

1. The proceeds of sale shall be paid into Court to abide the further order of the Court:

II. The Court shall, by order, fix a time, at the expiration of
which the proceeds will be distributed, and may from
time to time, by further order, extend that time:

III. The Court shall direct such notices to be given by
advertisements or otherwise as it thinks best adapted
for notifying to any persons on whom service is dis-
pensed with, who may not have previously come in and
established their claims, the fact of the sale, the time of
the intended distribution, and the time within which a
claim to participate in the proceeds must be made:
IV. If at the expiration of the time so fixed or extended the
interests of all the persons interested have been ascer-
tained, the Court shall distribute the proceeds in
accordance with the rights of those persons:

v. If at the expiration of the time so fixed or extended the
interests of all the persons interested have not been
ascertained, and it appears to the Court that they cannot
be ascertained, or cannot be ascertained without expense
disproportionate to the value of the property or of the
unascertained interest, the Court shall distribute the
proceeds in such manner as appears to the Court to be
most in accordance with the rights of the persons whose
claims to participate in the proceeds have been estab-
lished, whether all those persons are or are not before

the

Partition Act Amendment Act.-1922.

the Court, and with such reservations (if any) as to the
Court may seem fit in favor of any other persons
(whether ascertained or not) who may appear from the
evidence before the Court to have any prima facie rights
which ought to be so provided for, although such rights
may not have been fully established, but to the exclusion
of all other persons, and thereupon all such other persons
shall by virtue of this Act be excluded from participa-
tion in those proceeds on the distribution thereof, but
notwithstanding the distribution any excluded person
may recover from any participating person any portion
received by him of the share of the excluded person.

6. If in an action for partition two or more sales are made and if any person who has by virtue of this Act been excluded from participation in the proceeds of any of those sales establishes his claim to participate in the proceeds of a subsequent sale, the shares of the other persons interested in the proceeds of the subsequent sale shall abate to the extent (if any) to which they were increased by the non-participation of the excluded person in the proceeds of the previous sale, and shall to that extent be applied in or towards payment to that person of the share to which he would have been entitled in the proceeds of the previous sale if his claim thereto had been established in due time.

Provision for case of
same action.
Ibid., s. 5.

successive sales in

person under

7. In an action for partition a request for sale may be made or Request by married an undertaking to purchase given on the part of a married woman, woman, infant, or infant, person of unsound mind, or person under any other disability, disability. by the next friend, guardian, committee (if so authorised by order of Ibid., s. 6. the Court) or other person authorised to act on behalf of the person under such disability, but the Court shall not be bound to comply with any such request or undertaking on the part of an infant unless it appears that the sale or purchase will be for his benefit.

Action for partition to include action for of the proceeds.

sale and distribution

8. For the purposes of the principal Act, and of this Act, an action for partition shall include an action for sale and distribution of the proceeds, and in an action for partition it shall be sufficient to claim a sale and distribution of the proceeds, and it shall not be Ibid., s. 7. necessary to claim a partition.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

G. J. R. MURRAY, Lieutenant-Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.