Power for Board to acquire freehold. Ibid., s. 36. Breach of terms of security to be breach of lease or agreement. Cf. C.L. Act, 1903, 8. 145. Remedies for recovery of instalments. Cf. W.A. 15, 1906, 8.37. How land to be sold. Application of proceeds of sale. The Advances to Settlers on Crown Lands Act.-1908. 20. (1) Where 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 Board may, at any time and notwithstanding the provisions of any Act, acquire the freehold of the holding on behalf of the mortgagor or his successor in interest, and for that purpose may make all such payments to the Crown and otherwise as are necessary. (2) All payments so made by the Board shall be added to and become part of the mortgage debt, notwithstanding that the amount of the advance is thereby increased to more than Four Hundred Pounds. (3) The grant of the holding shall be delivered to the Board, and thereupon the provisions of the next preceding section shall be observed. of 21. Any breach by the settler in any of the terms or conditions any mortgage or other security for securing the repayment of any advance shall be deemed a breach of the conditions of his lease or agreement, and shall render the lease or agreement liable to be cancelled and forfeited in the same manner as Crown leases or agree ments where rent is in arrear. 22. (1) In addition and without prejudice to any other remedy, if at any time any half-yearly payment required by this Act, or any part thereof, is unpaid for thirty days next after the time appointed for the payment thereof, then, although no legal demand has been made for the payment thereof, the Board may enter upon the holding charged, or any part thereof, and recover the amount due by distress and sale of any goods and chattels on such holding, or such amount may be recovered in any Court of competent jurisdiction by action, in the name of the Board, from the settler of such holding for the time being. (2) If at any time any half-yearly payment required by this Act, or any part thereof, is unpaid for three calendar months next after the time appointed for the payment thereof, then, although no legal demand has been made for the payment thereof, the Board may enter upon and take possession of the holding with respect to which the advance has been made, and may sell the estate and interest of the settler therein and his lease or agreement, either by private sale or public tender or auction, and subject to any condi tions of sale they think expedient, and after such notice of the time, place, terms, and conditions of sale as they may think just and expedient, and may transfer such holding and the lease or agreement to the purchaser and give a good and valid title thereto. (3) The Board shall apply the proceeds derived from such sale in payment, in the first instance, of all moneys due in respect of such holding, and in redemption of any amount charged thereon in favor of the Board, or of so much thereof as remains unpaid, and of all expenses incurred by the Board in relation to such sale or otherwise The Advances to Settlers on Crown Lands Act.-1908. otherwise with respect to such holding, and shall pay the balance (if any) to the persons appearing to the Chairman of the Board to be entitled to receive the same. 23. (1) The settler of any holding over which a mortgage or Mortgagor to effect other security has been given under the provisions of this Act necessary repairs. shall, during the continuance of the same, to the satisfaction of Ibid., s. 38. the Board, keep in good and tenantable repair all buildings, fences, fixtures, and improvements upon the holding comprised in such mortgage or other security. (2) If after the expiration of two months' notice in writing by the Chairman of the Board any settler has not complied with the requirements of this section— (a) The like consequences shall follow as are provided by the next two preceding sections in case of breach of the terms or conditions of the mortgage or other security, or default made in the payment of any interest or instalment payable under the provisions of this Act; or (b) The Chairman of the Board, or any person acting with his authority, may enter upon the holding and effect all repairs which the Chairman deems necessary; and the expense thereby incurred, with interest af the rate of Five Pounds per centum per annum, shall be repaid to the Board by the settler on demand, and until repayment shall be a charge under the mortgage or other security upon the holding. to land while subject 24. (1) As between the Board and the settler of any holding Conditions annexed with respect to which an advance has been made, the following to advances. conditions shall be imposed so long as such holding is subject to any charge in favor of the Board, namely:— (a) Such holding shall not be sublet or let by such settler, nor (b) Every sub-lease, agreement, and transfer contrary to the (d) When the title to the lease or agreement is devested from (2) The provisions of section 22, as to sale and application of proceeds of sale, shall apply to every sale made under the provisions of this section. 25. In Ibid., s. 39. Extension of time for repayment. Cf. C.L. Act. 1903, 8. 147. Board to obtain reports as to expen. diture of advances. Register of advances to be kept for inspection. Cf. N.S.W. 1, 1899, s. 11. Board to keep accounts. Cf. C.L. Act, 1903, 8. 138. Audit. 241 of 1882. Balance-sheet and report to be laid before Parliament. Regulations. Cf. Q. 24, 1901, s. 26 N.S.W., 1, 1899, s. 14 The Advances to Settlers on Crown Lands Act.-1908. 25. In cases of hardship the Board may extend the time for making any payment required by this Act: Provided that the deferred payments shall bear interest at the rate of Five Pounds per centum per annum. 26. The Board from time to time shall obtain reports from the inspectors and valuers of the Board as to the manuer in which advances and instalments of advances have been expended and used by the settlers, and as to the state and condition of the im provements for the purpose of which such advances and instalments have been paid to the settlers, and generally as to the state and condition of the holding in respect of which such advances and instalments have been paid. 27. The Board shall keep a register or list of all advances, with the names of the persons to whom the advances have been made, and also an alphabetical index of the names of such persons. Such register or list and index shall be open to public inspection on the payment of a fee of One Shilling. 28. The Board shall keep accounts showing all operations on the Fund, as well as all moneys paid to and received from each settler to whom any advance is made, and such other accounts and records (if any) as are prescribed. 29. (1) The accounts of the Board shall, once at least in every year, and also whenever so directed by the Governor, be audited by the Commissioner of Audit. (2) The Commissioner of Audit shall, in respect of such accounts. have all the powers conferred on him by "The Audit Act, 1882." and any Act for the time being in force relating to the audit of public accounts. 30. In every year the Board shall furnish to the Commissioner of Crown Lands a balance-sheet and a report upon the operation of this Act, and every such balance-sheet and report, together with the report of the Commissioner of Audit, shall be laid, as soon as possible, before both Houses of Parliament. 31. The Governor may from time to time make regulations for all or any of the following purposes, namely: (a) Regulating the procedure at meetings of the Board: (b) Prescribing the duties of the officers and servants of the Board: (c) Prescribing the mode in which applications for advances are to be made: (d) Regulating the consideration and granting of applications: (e) Prescribing what inquiries and valuations shall be made in relation to applications: (f) Adding The Advances to Settlers on Crown Lands Act.-1908. (ƒ) Adding to or altering the list of improvements for the making of which advances may be made: (g) Prescribing the mode in which the value of improvements shall be determined: (h) Prescribing the forms of mortgages and securities to be taken by the Board, and providing for the registration of such mortgages and securities: (i) Prescribing the records, books, and accounts to be kept by the Board: (j) Providing for the receipt and payment of moneys under this Act, and the safe custody of securities: (k) Prescribing the fees to be paid in respect of advances: (1) Prescribing anything which by this Act is required to be or may be prescribed: (m) Generally for carrying out the objects and provisions of this Act. 32. (1) All such regulations shall-- (a) Be published in the Government Gazette; (b) Take effect from the date of such publication, or from a later date to be specified therein; and (c) Be laid before both Houses of Parliament within fourteen days after publication if Parliament is then in Session, and if not, then within fourteen days after the commencement of the next Session. (2) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same is disapproved, either wholly or in part, by resolution of either House of Parliament within thirty days after such regulation has been laid before Parliament if Parliament is so long in Session: Provided that if Parliament is not in Session for thirty days after such regulation has been laid before Parliament, then such regulation shall not continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament. In the name and on behalf of His Majesty, I hereby assent to this Bill. GEORGE R. LE HUNTE, Governor. Publication and effect of regulations. Adelaide By authority, C. E. BRISTOW, Government Printer, North Terrace. : |