Blockholders Loans Act 1891 (SA)

ANNO QUINQUAGESTMO QUARTO ET QUINQUA-

GESIMO QUINTO

A.D. 1891.

No. 515.

An Act to provide for Loans to the Lessees of Working

Men's Blocks, and for other purposes.

[Asse~zted to, October 28th, r89r .l

E it Enacted by the Governor of the Province of South Council and House of Assembly in this present Parliament assembled,	B Australia, with the advice and consent of the Legislative
as follows:

1, This Act may be cited for all purposes as The Blockholders flhort title.

Loans Act."

2, In the construction of this Act, except where by the subject "t~~retation-

matter or context a different construction is required-

Commissioner " shall mean the Commissioner of Crown Lands and Immigration for the time being.

Blockholder" shall include as well the lessee to whom a per~etual

lease, or a lease with right of purchase, of a workingaman's block has been or shall be granted pursuant to Part VIK. of "The Crown Lands Act, 1388," and the Acts incorporated therewith, as the transferee, devisee, or personal representa- tives of such lessee.

a Block " shall mean the land held by the blockholder.

Fund " shall mean "The Blockholders Loan Fund," constituted by this Act, ,

Permanent buildings" shall mean and include dwelling-house,"

w~rkshop, '~ and stables."

A-515 3. The

54" & 55O VICTORIE, No. 515.

The Blockholdevs Loans Act.-1891.

B1ockholdem' Lora	Fund, how consti- 3. The Treasurer shall set apart, out of moneys to be provided
tutedandcontro11ed. bv Parliament for the purpose, a sum or sums not exceeding in the

d o l e Ten Thousand ~ o u i d s, to constitute a fund to be callgd The

Blockholders Loan Fund." Such fund shall be under the control of the Commissioner, and be operated upon by him for the purpose of making advances to bloclrholders to assist them in erecting buildings and making permanent improvements on their blocks.

Advances, how to be 4, On the application of any blockholder who shall, to the

made.	satisfaction of the Commissioner, have observed and performed the covenants and conditions of his lease, the Commissioner may advance
or lend to him from the fund such sums as the Commissioner shall
think fit, to aid the applicant in erecting or completing permanent
buildings on his block: Provided--

(a) That such advances shall not exceed one-half of the cost to

the blockholder of the permanent buildings which shall be

then subsisting, in good repair and condition, on his block;

( b ) That the amount owing to the Commissioner by any block- holder in respect of moneys advanced and interest shall not at any time exceed Fifty Pounds,

Form of application,

BC. 5, Every application for an advance under this Act shall be made

in the form in Schedule A hereto, and shall be supported by vouchers, statutory drclarations, or other evidence to the satisfaction of the Commissioner, showing the cost aud condition of the permanent buildings then erected and being on the block. The labor of the bloclrholder may be taken into account in computing the cost of any such buildings: Provided always that the Inspector of Homestead Blocks shall have also certified to the correctness of the cost and condition of such buildings,

LWB to be repaid by 6, All moneys advanced to any blockholder under this Act shall

annua1h8ta1ments.

by him be repaid to the C'ommissioner, by five cqual annual instal- ments, to be paid at the commencement of the fifth, sixth, seventh,

advance; and, at the option of the blockholder, any part of such eighth, and ninth years? respectively, after the making of the

moneys may be repaid at any earlier times than those mentioned in

this section.

Extension of time for

repayment.

7. In cases of hardship, the Commissioner may extend the time for making any payment on account of any loan under this Act: Pro- vided that the deferred payments shall bear interest at the rate of Five Pounds per centum per annum.

Interest on loan8 to

be paid at the rate of 8, The blockholder shall also annually pay to the Commissioner

five per centum.

interest at the rate of five per centum per annum on the amount of the

advances for the time being remaining unpaid.

Agreement to be 9, Every blockholdcr, on obtaining an advance under this Act,

executed by	shall enter into an agreement with the Co~nxnissioner	in the form in
blockholder.

Schedule

5 4 O & 55' VICTORI&, No. $15.

The Blockholders Loans Act .1891.

Schedule B to this Act, upon the terms and conditions therein set forth and such additional terms and conditions (if any) as the Commissioner shall think necessary.

10, Any breach by the blockholder in the observance or perfor-	Breach of agreement
to render leaee liable

mance of any of the terms or conditions of such a'greenrent shall, for	to forfeiture.
all purposes, be deemed a breach of the conditions of the lease, and shall render the lease liable to be cancelled and forfeited, pursuant to section l 5 5 of The Crown Lands Act, 1888," and no grant shall issue for any land until all advances have been repaid.

&C., sub-

11, If any blockholder shall obtain an advance under this Act no	Mortgages,
sequent to advance to

sub-lease, mortgage, or other encumbrance (except the agreement

be void.

provided for in section 9) suhseqoently cxecuted by him shall have

any validity until such advance and all interest in respect thereof

shall be fully repaid and satisfied.

Commissioner may, at

12, If before the issue of his lease any blockholder shall, by notice in writing to the Commissioner, request that his lease be

blockholder's request,

make certain indorse-

ment on leaee and

indorsed with the words The land herein comprised is held as a land grant.

homestead block," the Commissioner shall cause such lease, and also thc land grant if subsequently issued to the blockholder, to be so indorsed accoldingly. If at any time after the issue of his lease or land grant any blockholder shall rcquest his lease or grant, as the case may be, to be so indorsed as aforesaid, the Commissioner may, if he shall think fit so to do, after causing notice of the request to be published twice, at least, in the Government Gaxelte, cause the same to be so indorsed accordingly. Xvery such indorsement shall be signed by the Commissioner.

13. The effect of every such indorsement shall be-	tect blockholder's
Indorsement to pro-
interest from oncum-
( a ) That no subsequent mortgage, or other encumbrance, by the blockholdcr of the land, or his estate, or interest therein,	brance or seizure, or
sale for debt, &c.

or of any part thereof rcspcctivcly, except the agreement

provided for in section 9, slsall have any validity:

( b ) That the land shall not, nor shall any part thereof, nor shall

the estate or interest of the blockholder therein, or any part thereof, be liable to be seized or taken in execution for debt under process of any Court, except for the payment of rates and taxes; or vest in the trustee of his estate, in case of the blockholder's insolvency; or, unless otherwise expressly provided by the will of the block- holder, become, on his death, assets for the payment of debts: Provided that this sub-section shall not apply to the recovery of any debt incurred by the blockholder prior to the date of such indorsement, or to any legal proceedings that may be taken in respect thereof.

And the land, or the blockholder's interest or estate therein, shall, 'G Blockholder," by

notwithstanding subsequent transfer, continue to be so protected transferee.	definition, includes
unless before registration of the transfer the transferee shall sub-

scribe

54" & 55° VICTORIW, No. 515.

The Blockholders Loans A c t. 1 8 9 1.

scribe upon the transfer a request that the protection may be removed; in which case the Commissioner shall cancel the indorse- ment before the lease, land grant, or certificate of title, as the case may be, shall be issued or returned to the transferee, and the pro- tection shall ceaee to operate accordingly as from the date of such cancellation.

Principal moneye

repaid to form part of 14, All moneys which shall be received by the Commissioner in

but interest to or toward8 repayment of any advances under this Act shall be

be paid into the

revenue. placed to the credit of the fund, and form part thereof; but moneys received by him as interest on advances shall be paid to the Treasurer in aid of the general revenue of the province.

Commissioner eo keep 15, The Commissioner shall keep accounts showing all opera-

aocouats. tions on the fund, as well as all moneys paid to and received from each blockholder to whom any advances shall be made under this

. Act.

Penalty for b u d or 16. Any blockholder, or other person, who shall, by any manner

false representation. of fraud or wilful misrepreseutation obtain, or attempt to obtain, any advance or loan from the Commissioner under this Act, or who shall by any false representation attempt to account for the expendi- ture of any moneys advanced by the Commissioner under this Act, shall be guilty of a misdemeanor, and on conviction thereof shall be liable to be imprisoned, with or without hard labor, for any period not exceeding twelve months.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

SCHEDULES

-- 54" & S$' VICTORIW, No. 515.

The Blockholders Loans Act .1891.

SCHEDULES REFERRED TO.

SCHEDULE A.

Applicatio,, for Advance.

To the Commissioner of Crown Lands, Adelaide.

1, , of , being the lessee under Elockholder's

Lease No. of [describe land as lease], do hereby apply for an advance of not

exceeding the sum of £ to assist me in erecting on my block a [rlzoeELtng

house o r other building proposed to be erected, giving suflcient description thereof l.	I estimate that, when completed, the proposed buildings will cost, or be worth,
S . The cost of the permanent buildings which I have already wholly or
partly erected on the said land, that is to say: [set oufparticulars, as above], is not
less than 6: , made up a8 under:

Materials ........................ f:

Labor.. .......................... f:

And I enclose the foilowing genuine and original vouchers for the moneys already expended by me in erecting the said buildings, namely:

[Set out vouchers.]

I declare that all the foregoing statements are true to the best of my knowledge, information, and belief.

Dated this day of , 189 .

Signature-

Witness-

SCHEDULE K.

Agreement by Blockholder obtaininy Advance.

1, , of , being the lessee under Block-

holder's Lease No. of CclescriZe land as in lease], in contjideration of the sum

of L! now advanced to me by the Commissioner of Crown Lands (the receipt of which sum I do hereby acknowledge), do hereby agree with the said Commissioner of Crown Lands, and with the Commissioner of Crown Lands for the time being of the said province (hereinafter referred to as the Commissioner), that I or other the blockholder for the time being of the said land shall well and truly repay to the Commissioner the said sum by five equal annual instalments, of each, on the

day of 18, and on the like day in every

year thereafter until the said sum of f: shall be fully paid and satisfied; and

will in the meantime pay to the Commissioner in tere~t on the said sum, or on so much thereof as shall for the time being be remaining unpaid, a t the rate of five per

centum per annum, computed from the day of

189, such interest to be paid on the day of

next, and on the like day of every year thereafter; and will within three months from the date hereof well and truly expend the said sum so advanced as aforesaid in or towards the erection or completion of the building or buildings mentioned in that behalf in my application, dated the day of, l 8, and will not expend or employ the said sum or w y part thereof for any other purpose whatso-

ever ;

B-516

54" & 5 5 O VICTORIK, No. 5 1 5

me Blockholders Loans Act.-1891.

ever; and will, immediately upon the completion of the said building or buildings,

furnish to the Commissioner full and true details and particulars of the expenditure of the moneys advanced, with the original receipts and vouchers for all payments made; and will insure and keep insured, in the full insurable value thereof, all build- ings and erections on the said block, whether thc property of the Crown or otherwise, in manner mentioned in section 29, sub-section VI., of " Thc Crown Lands Act, 1888." And that if I, or the blockholder for the time being, shall make default in the obser- [Add here such other condittons (if any) as the Commissioner shall think necessary]

vance or performance of these conditions, or any of them, such default shall for all

purposes be deemed a breach of the covenants of the lease under which the block is held, and shall render such lease liable to forfeiture under section 155 of " The Crown Lands Act, 1888."

As witness my hand this	day of	,	18	.
Witness-

- - - - -

Adelaide : By authority, C. E. Bars~ow, Government Printer, Xorth-terrace.