BE

[Assented to, December 23rd, 1908.] ·

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

1. This Act may be cited as "The Advances to Settlers on Short title. Crown Lands Act, 1908."

2. In this Act, unless a contrary meaning appears-
"Advance" means an advance made under this Act:
"Agreement" means an agreement containing a covenant to
purchase Crown Lands:

"Crown lands" does not include any land repurchased under
the provisions of Part X. of "The Crown Lands Act,
1903," or repurchased for the purposes mentioned in the
said Part X. under any enactment or otherwise:

"Deputy Surveyor-General" means the person for the time
being holding the office of Deputy Surveyor-General:
"Holding" means the land held by a settler under his lease
or agreement:

"Land Board" means the Land Board under "The Crown
Lands Act, 1903," and any Act amending that Act, or
any Act substituted therefor:

"Prescribed" means prescribed by regulations made under this Act:

"Settler "

Interpretation.

Advances to Settlers
Board.

Administration.

Members of Board.

Incorporation of
Board.

The Advances to Settlers on Crown Lands Act.-1908.

"Settler" means the holder of a lease of Crown lands or of an agreement, whether the original lessee or holder or a suc cessor in title of the original lessee or holder:

"Surveyor-General" means the person for the time being holding the office of Surveyor-General:

"The Board" means the Advances to Settlers Board constituted by this Act:

"The Fund" means the Advances to Settlers Fund constituted by this Act:

"The Treasurer" means the Treasurer for the time being of the State:

"This Act" includes regulations made under this Act.

3. A Board is hereby constituted under the name of "The Advances to Settlers Board."

4. This Act and the Fund constituted by this Act shall be administered by the Board.

5. (1) The members for the time being of the Land Board, the Surveyor-General, and the Deputy Surveyor-General shall be the members of the Board.

(2) The Surveyor-General shall be the Chairman of the Board.

6. The Board shall be a body corporate with perpetual succession and a common seal, and be capable of suing and being sued, of W.A. 15, 1906, s. 6. holding, leasing, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and

Property held on behalf of Crown.

Cf. Tas. 8, 1898, s. 6.

Deputy member of
Board.

Q. 24, 1901, s. 5.

Chairman to preside.

suffer.

7. The Board shall hold all property, all estates and interests in property, and all moneys acquired by them under this Act for and on account of the Crown.

8. In case of illness, suspension, inability, or absence of any member of the Board the Governor may appoint some other civil servant to act as the deputy of such member during such illness, suspension, inability, or absence; and every such deputy shall, whilst he acts as such deputy, have all the powers and perform all the duties of such member.

9. (1) The Chairman shall preside at all meetings of the Board, but when the Chairman is absent from any meeting the members present may by the vote of the majority appoint one of their number to be Acting Chairman, who shall preside over such meeting during the absence of the Chairman.

(2) The Chairman or Acting Chairman shall have a casting as well as a deliberative vote.

10. Two

The Advances to Settlers on Crown Lands Act.-1908.

10. Two members shall form a quorum at any meeting of the Quorum. Board.

11. (1) A Fund is hereby constituted, to be called "The Advances Advances to Settlers to Settlers Fund."

Fund.

s. 136.

(2) The Treasurer shall set apart to the credit of the fund such Cf. C.L. Act, 1903, loan moneys as are from time to time provided by Parliament for that purpose, not exceeding Two Hundred Thousand Pounds in any one financial year.

(3) All moneys received by the Board in repayment of advances shall be paid to the Treasurer and be placed to the credit of the fund and form part thereof. Moneys received by way of interest on advances shall be paid to the Treasurer and be applied in aid of the general revenue of the State.

(4) The Fund shall be held by the Treasurer and be applied to the purposes of this Act.

12. The Governor may from time to time, upon the recom- Officers of Board. mendation of the Board, appoint a secretary, an accountant, inspectors, valuers, and such other officers and servants of the Board as may be necessary for carrying out the provisions of this Act.

13. (1) Subject to the provisions of this Act, the Board may Advances to settlers. make advances to any settler on the prescribed security for

(a) Making improvements on his holding, such as ring-barking, clearing, grubbing, fencing, draining, erecting or making permanent water improvements (such as dams, wells, tanks, watercourses, windmills, and the like), boring for water, erecting permanent buildings, or such other improvements as are prescribed; or

(b) Discharging any mortgage already existing on his holding.

W.A. 15, 1906, s. 28.

(2) Subject to subsection (4) hereof, advances may be made to a Cf., Q. 13, 1904, s. 3. settler under paragraph (a) of subsection (1) hereof of an amount not exceeding Fifteen Shillings in the Pound of the fair estimated value of the improvements (if any) already made on his holding and those in course of being made thereon.

(3) Subject as aforesaid, advances may be made to a settler under paragraph (b) of subsection (1) hereof of an amount not exceeding Twelve Shillings in the Pound of the fair estimated value of the improvements already made on his holding.

(4) At no time shall the total advances to any one settler exceed the sum of Four Hundred Pounds.

14. Every application for an advance shall—

1. Be made to the Board, and in the prescribed form, and shall
contain such particulars as are prescribed:

11. Be supported by such evidence (if any) as is prescribed, or
15. (1) Any

as the Board requires.

Applications for advance.

Advances by instalments.

W.A. 15, 1906, s. 29.

Advance to be

Q. 24, 1901, s. 17.

The Advances to Settlers on Crown Lands Act.-1908.

15. (1) Any advance may be made by instalments, subject to anything prescribed in that behalf, as the improvements are being effected.

(2) If at any time, in the opinion of the Board, any money advanced under this Act has not been applied for the purpose for which it was advanced, or has not been carefully and economically expended, the Board may refuse to pay any further instalment of the proposed advance, and may at once call in the whole amount already advanced, whereupon the settler shall forthwith repay the same, and in default the Board shall have the same remedies for the recovery of the same as are provided by this Act for the recovery of sums payable by the settler.

16. (1) No advance shall be made except upon the security of a secured by mortgage. mortgage or mortgages in the prescribed form to the Board of the settler's lease or agreement, and his estate and interest in his holding, as well as of the improvements already thereon, and the improvements with respect to which such advance is made, with or without such additional security as to the Board may seem fit. The settler may, notwithstanding any enactment or law, or anything in his lease or agreement to the contrary, lawfully execute such mortgage or other security.

Advances only to be made on first mortgages.

W.A., 15, 1906, s. 31.

Repayment of advance.

Ibid, s. 33.

(2) The provisions of "The Bills of Sale Act, 1886," or any Act amending that Act or substituted therefor, shall not apply to any mortgage or other security executed under the provisions of this Act, or affect the validity of any such mortgage or security in respect of any chattels comprised therein.

17. No advance shall be made on any property which is encumbered by any previous mortgage or charge, other than a mortgage or charge under this Act, or a charge in favor of the Crown; but a second mortgage may be taken as collateral security.

18. (1) For the period of five years next following the date on which an advance is made, the settler shall pay to the Board interest on the advance at the rate of Five Pounds per centum per

annum.

(2) Such interest shall be payable half-yearly, the first payment to be made on the first day of the seventh calendar month commencing next after the advance is made.

3) If any advance is made by instalments, interest shall be calculated on the actual amount of the several instalments of such advance from the date when such instalments are advanced.

(4) After the expiration of the said period of five years the settler shall repay the advance to the Board by fifty equal halfyearly instalments, together with simple interest on the balance of the advance for the time being unpaid at the rate of Five Pounds per centum per annum.

(5) The

The Advances to Settlers on Crown Lands Act.-1908.

(5) The first of such half-yearly instalments shall be paid on the first day of the sixth calendar month commencing next after the day upon which the last payment of interest is to be made under subsection (2) hereof.

(6) When any half-yearly payment required by this section is made within fourteen days next after the day upon which the same is required to be made a rebate of interest at the rate of One Pound per centum per annum shall be allowed to the settler.

(7) Any advance may, at the option of the settler, be repaid at any time sooner than is herein provided, or be repaid in larger instalments.

19. (1) When an advance has been made upon the security of a mortgage of a holding the freehold whereof may under any Act be acquired from the Crown, the grant in respect of such holding shall not be issued while such mortgage is in existence until a mortgage of the freehold has been executed under "The Real Property Act, 1886," containing such covenants and provisions as are proper to secure payment of the amount of the advance, together with interest as required by this Act.

(2) For this purpose it shall be the duty of the proper officer of the Surveyor-General's Department to give notice to the Board that such grant is in his possession, and stating the name and last known address of the grantee, whereupon the Board shall call upon such grantee, by notice posted to such address, to execute such mortgage in favor of the Board; and if such grantee or his successor in interest fails within thirty days after the posting of such notice as last aforesaid to execute such mortgage, then the Chairman of the Board shall and he is hereby empowered to execute such mortgage in the name and on behalf of the grantee, and such mortgage shall be binding against all claimants, notwithstanding any error in the address or the notice, and notwithstanding the death, insolvency, lunacy, minority, or other disability of or any assignment for the benefit of creditors or otherwise made by the mortgagor or any such successor.

(3) Notwithstanding the provisions of "The Real Property Act, 1886," the Registrar-General shall, upon production, register every such mortgage so executed by such grantee or his successor in interest or the Chairman of the Board and duly indorse the grant accordingly.

(4) The Board shall be entitled to receive and retain possession of every such grant while such mortgage is in existence.

(5) All costs and expenses occasioned in giving effect to this section shall be borne by the mortgagor, and may, if the Board think fit, be added to and become part of the mortgage debt.

20. (1) Where

Perfecting security over holdings when freehold acquired subsequent to mortgage.

Ibid., s. 35.

380 of 1886.