No. 953 of 1908. Crown Lands Act Applications for advance. 960, 1908, s. 14. Advances by instal- The Commissioner of Crown Lands may The Advances to Settlers on Crown Lands Act.-1914. (5) Notwithstanding anything in this section— (a) when a settler's holding is held under "The Irrigation and Reclaimed Lands Act, 1908," the total amount of the advances under that Act and this Act shall at no time exceed Six Hundred Pounds, and (b) at no time shall the total amount of the advances under this Act to any settler exceed Eight Hundred and Fifty Pounds. (6) When a holding is held by two or more persons, each of such persons shall, for the purpose of estimating the limit of the amount of the advances which may be made to him, be deemed to be one settler; and for the said purpose the improvements on such holdings, or in course of being made thereon, shall be deemed to belong to such persons in the proportions of their respective interests in the lease or agreement under which they hold. (7) The Board, in considering any application for an advance, shall have regard to any moneys already expended by the Commissioner of Crown Lands under section 13 of "The Crown Lands Act Further Amendment Act, 1913," or under the corresponding provision of any Act substituted for that Act, upon the holding of the settler. 15. Every application for an advance shall I. be made to the Board, and in the prescribed form, and shall contain such particulars as are prescribed: II. be supported by such (if any) evidence as is prescribed, or as the Board requires. 16. (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. 17. (1) The Commissioner may, on the application of a settler, effect improvements, erect and make upon the holding of such settler water improvements, in the nature of sheds having rain water catchment roofs, and tanks connected therewith for the storage of such water. the cost of which shall be deemed to be advances. 1105, 1912, s. 7. (2) The settler's application shall— 1. be made to the Commissioner, and in the prescribed form, II. contain The Advances to Settlers on Crown Lands Act.-1914. 11. contain such particulars as are prescribed, and III. be supported by such (if any) evidence as is prescribed, or (3) The Commissioner shall not commence to effect any improvements under this section until the settler has entered into an agreement with the Commissioner, in the prescribed form, agreeing to repay in manner prescribed all moneys expended in effecting the improvements, and to secure the repayment thereof by executing a first mortgage of his holding as hereinafter provided. (4) The Commissioner shall by writing signed by him certify the cost of the improvements effected by him under this section on the holding, and his certificate shall be conclusive as to the cost thereof. (5) The cost so certified shall be deemed to be an advance made to the settler by the Board; and the settler shall execute a mortgage in the prescribed form, to the Board, of his estate and interest in the holding and of the improvements thereon, to secure the payment to the Board of the amount of such advance, with or without such additional security as to the Board seems fit. (6) For the purposes of subsection (2) of section 14, improvements to be effected under this section shall be deemed to be purposes mentioned in subdivision (a) of subsection (1) of the said section; and the Commissioner shall in the exercise of his powers under this section have regard to the limitations prescribed by the said section. (7) The provisions of sections 18 to 36 shall, mutatis mutandis, apply to advances and mortgages and improvements under this section and to all matters and things connected therewith, incidental thereto, or consequent thereon. (8) The moneys required by the Commissioner for effecting improvements under this section shall be supplied to him from time to time by the Treasurer out of the Fund; and the Treasurer shall forthwith upon supplying any money as aforesaid give the Board full particulars thereof. s. 18. (1) No advance shall be made except upon the security of a Advance to be mortgage or mortgages in the prescribed form to the Board of the secured by mortgage. settler's lease or agreement, and his estate and interest in his 960, 1908, #. 16. 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 seems 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. (2) The provisions of "The Bills of Sale Act. 1886," or any Act No. 389 of 1886. 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. Advances only to The Treasurer may from time to time fix the interest on advances. 1105, 1912, s. 3, (1), (2). What rate to be in force. Repayment of advance. 960, 1908, s. 18. 1105, 1912, s. 4. Board to determine mode of repayment of advances made for. 1052, 1911, s 6. 1105, 1912, s. 5. The Advances to Settlers on Crown Lands Act.-1914. 19. 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 any Act hereby repealed, or a charge in favor of the Crown; but a second mortgage may be taken as collateral security. 20. (1) The Treasurer may, from time to time, by notice pub. lished in the Government Gazette, fix the annual rate of interest to be paid on advances, and may, in the same manner, annul any rate so fixed. (2) Any rate so fixed shall come into force on the fourteenth day after the date of the Government Gazette in which the same is published, and shall continue in force until the fourteenth day after the date of the Government Gazette in which the notice annulling the same is published. 21. (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 fixed rate. (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 amounts of the several instalments of such advance from the date when such instalments are respectively advanced. (4) After the expiration of the said period of five years the settler shall repay the advance to the Board by fifty equal half-yearly instalments, together with simple interest on the balance of the advance for the time being unpaid at the fixed rate. (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. 22. When an advance has been made to a settler for the purpose of stocking his holding, such settler shall repay to the Board such advance, together with simple interest on the balance thereof for the time being unpaid at the fixed rate, within such time and by such instalments and subject to such conditions as the Board determine. 23. (1) When The Advances to Settlers on Crown Lands Act.-1914. 23. (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, except to the Board, nor unless it bears an indorsement showing that it is subject to the mortgage. (2) When an advance has been made upon the security of a mortgage of a lease over a holding, no fresh lease of the holding shall be issued while such mortgage is in existence, except to the Board, nor unless it bears an indorsement showing that it is subject to the mortgage. (3) When a grant or fresh lease has been indorsed as mentioned in this section, such grant or lease shall be subject to the mortgage as if it were expressly charged thereby; and, notwithstanding the provisions of The Real Property Act, 1886," the Registrar- No. 380 of 1886. General shall make any entry in the Register Book which may be necessary for the purpose of showing that the grant or fresh lease is subject to the mortgage. (4) The Board shall be entitled to retain possession of every such grant or fresh lease while such mortgage is in existence. 24. (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 beyond the limits prescribed by section 14. (3) The grant of the holding shall be delivered to the Board, and shall bear an indorsement showing that it is subject to the mortgage, and thereupon the provisions of subsections (3) and (4) of section 23 shall apply in respect of the grant. 25. Any breach by the settler in any of the terms or conditions of 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 agreements where rent is in arrear. 26. (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 B-1166 made Power for Board to 960, 1908, s. 20, as How land to be sold. Application of proceeds of sale. Mortgagor to effect necessary repairs. Ibid., s. 23. 1105, 1912, s. 4. The Advances to Settlers on Crown Lands Act.-1914. 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 conditions 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 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. 27. (1) The settler of any holding over which a mortgage or other security has been given under the provisions of this Act or any Act hereby repealed shall, during the continuance of the same, to the satisfaction of 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 sections 25 and 26 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 at the same annual rate as that which is payable on the advance, 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. 28. (1) As |