Discharged Soldiers Settlement Act Amendment Act 1919 (WA)

1919. ] Discharged Soldiers Settlement. [No. 45.

DISCHARGED SOLDIERS

SETTLEMENT.

10° GEO. V., No. XXXIII.

No. 45 of 1919.

AN ACT to amend the Discharged Soldiers Settlement

Act, 1918.

[Assented to 17th December, 1919.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

1.   This Act may be cited as the Discharged Soldiers Short title.

Settlement Act Amendment Act, 1919, and shall be read as one with the Discharged Soldiers Settlement Act, 1918, here- inafter referred to as the principal Act.

2.    Section three of the principal Act is amended by Amendment of

adding to the interpretation of "Discharged soldier" the Section 3' Commonwealth, and may be extended by the Minister to in- clude any person who, as a munition worker or other war- worker, was employed outside the Commonwealth."

following words:-"The term `discharged soldier' includes

any person who, as a member of the Army Medical Corps

3.    Section four of the principal Act is amended by in- Amendment of

serting after the word "thereof," in paragraph (c), the fol- Seaton 4.

lowing words:—"or who as the next of kin or under any

testamentary disposition of a deceased person within the

meaning of those words in the interpretation of the term

`dependant' has acquired the holding of such deceased per-

son."

No. 45.] Discharged Soldiers Settlement. [1919.

Amendment of

Section 11. 4. Section eleven of the principal Act is amended by

adding to the second proviso the following words:—"but shall extend to conditional purchase holdings purchased for or acquired by a discharged soldier under section twenty- two of this Act in respect of the balance of the price of the land payable to the Department of Lands and Surveys after the date of such purchase or acquisition"; and by adding a subsection, as follows:

(2.) This section shall extend and apply to a condi- tional purchase lease acquired by a dependant as the next of kin or under any testamentary disposition of a deceased person within the meaning of those words in the interpretation of the term "dependant."

Amendment of 5. Section twelve of the principal Act is amended by in- Section 12. serting after the word "granted" the words "or acquired

by," and by inserting after the word "term" the words "or

for the first five years next after such acquisition."

Amendment of 6. Section fifteen of the principal Act is amended by sub-

Section 15.

stituting for the words "five hundred pounds," in subsection

(2) the words "six hundred and twenty-five pounds."

Amendment of	7. Section sixteen of the principal Act is repealed, and a
Section 16.

section is inserted in its place, as follows:-

Security for

advances. 16. (1.) Moneys advanced by the Board or the Agri- cultural Bank, under the provisions of this Act, with in- terest thereon, shall be secured by a mortgage upon the land acquired by the discharged soldier under the pro- visions of this Act, or upon any other land of the dis- charged soldier.

All moneys so advanced with interest thereon shall

also, until repaid, by force of this Act be and remain a

charge on the crops and chattels of the discharged soldier to whom such advances are made, and which may be upon any land so mortgaged to the Board or the Agricultural Bank as aforesaid, and on all other live stock (including the progeny thereof) and chattels of such discharged soldier acquired under this Act.

(2.) Such lands, crops, and chattels, so long as the same continue charged as security for such advances, shall not, without the consent of the Board or the Agri- cultural Bank, as the case may be, be alienated except in the exercise of the powers of the Board or the Agri- cultural Bank, or be subject to be attached, levied, or distrained upon, or taken in execution.

1919.] Discharged Soldiers Settlement. [No. 45.

(3.)

The Bills of Sale Act, 1899, shall not apply to the charge on the crops and chattels of a discharged soldier under the provisions of this Act, but a register shall be kept in the office of the Agricultural Bank in Perth of all persons to whom advances have been made, and such register shall be open to public inspection.

(4.) Provided, however, that nothing in this section contained shall prejudice or affect the rights, powers, or remedies of any prior mortgagee in respect of the property of any discharged soldier under any mortgage or security registered prior to the granting of such advance.

8. A subsection is added to section twenty-two of the Amendment of Section 22.

principal Act, as follows :—

(2.) The Board may, with the approval of the Minis- ter, purchase for a discharged soldier any alienated land, including land held under conditional purchase or pas- toral lease, which a discharged soldier may desire to acquire, and the provisions of this Act relating to land disposed of to discharged soldiers shall apply to land so acquired.

pal Act is amended by omitting the words "not exceeding in Section28. 9. Subsection (2) of section twenty-eight of the prom.... Amendment of

the aggregate fifty thousand pounds."

amended by inserting after the word "remit" the words Sectron29. 10. Section twenty-nine of the principal Act is hereby Amendment of

"stamp duties payable under the Stamp Act, 1882."

11.   A discharged soldier under the age of twenty-one Minors toote

years shall, for the purposes of the principal Act as amended adgred	f
by this Act, and of mortgaging or otherwise dealing with land and chattels, have the same capacity as if he were of full age.