Liens on Crops Act of 1862 No 20a (NSW)

No. X.

An Act to legalize Preferable Liens on Yearly

Crops. [9th December, 1862.]

WH E R E A S it is expedient to legalize the granting of preferable liens on yearly crops of agricultural and horticultural produce	without parting with the possession thereof Be it therefore enacted
by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
1. The following terms in inverted commas shall for the purposes of this Ac t bear the meanings set against them respectively—

" Agricultural Produce "—"Wheat maize sorghum barley oats lucerne grass whether for hay or for grain and other agri­ cultural produce including cotton tobacco rice and sugar cane.

" Horticultural Produce "—Oranges grapes whether as fruit or

for wine and fruit of any other kind.

2. Whenever any person shall make any bond fide advance

of money or goods to any holder of land on condition of receiving as
security for the same the growing crop or crops of agricultural or horticultural produce on any such land—and where the agreement relating to such security shall be made in the form or to the effect
of the Schedule hereto and shall be duly registered within thirty days
after its date in the office of the Registrar General in Sydney—the person making such advance whether before at or after the date of such agreement shall have a preferable lien upon and be entitled to the whole of such crop or crops and the whole produce thereof—and possession thereof by the lienor shall be to all intents and purposes in the law the possession of the person making such advance Provided that such registered agreement purports on the face of it to have been made as security for such advance Provided also that on repayment of such advance with interest specified in such agreement the possession and property of such crop or crops shall revert to and

vest in the lienor.

making marketable and selling any such crop and shall pay the balance to the lienor his executors administrators or assigns Provided that if such lienor be a leaseholder then the lienee shall before selling any such crop or crops pay to the landlord of the land whereon such crop or crops shall be growing such sum of money as may be due to him for rent at the time of carrying away such crop or crops and the lienee may repay himself the sum so paid out of the proceeds of the sale of such crop or crops before paying over the balance to the lienor provided

3. No such lien duly made and registered shall be extinguished or otherwise prejudicially affected by any sale mortgage or other incum- brance of or upon the land on which any such crop shall be growing nor by the death or insolvency of the lienor Provided that if such lienor his executors administrators or assigns shall neglect or refuse either to pay off the whole of such advance with interest as agreed upon—or to give up such crop to the lienee thereof in pursuance of the agreement—such lienee his executors administrators or assigns may enter into possession thereof and may gather carry away and sell the same and may apply the proceeds in paying himself such advance
with interest as aforesaid and all expenses of clearing carrying away

provided that the sum so paid shall not exceed one year's rent Provided also that if at the time of making such lien there he in force a mortgage of the land whereon such crop or crops shall he growing and the land shall he in the occupation of the mortgagee such lienee shall before selling any such crop or crops pay to the mortgagee the amount of interest not however exceeding twelve months' interest due upon such mortgage at the time of carrying away or selling such crop or crops and such lienee may repay himself the sum or sums so paid

for interest out of the proceeds of the sale of such crop or crops
before paying over the balance to the lienor.
4. The Registrar General shall keep a separate alphabetical registry of all such agreements as aforesaid and shall be entitled for

every entry therein to a fee of two shillings and sixpence and to a fee of

one shilling for each affidavit sworn in his office in verification thereof

And every person shall have access to such Registry and may search
the same during the usual hours of business on paying a fee of one

shilling for each search.

5. No such lien shall continue in force for a longer period than

one year from the date thereof and the Registrar General at the
request of both parties shall at any time enter satisfaction thereon.

6. Every such lienor whether principal or agent who by sale or delivery of any crop affected by such lien or of any part thereof without the written consent of the lienee or by any other means shall defraud such lienee of such crop or the value thereof or any part thereof and thus or by any means directly or indirectly defeat invalidate or impair his right of property in the same shall be deemed guilty of a misdemeanor and shall be liable on conviction to a fine not exceeding three times the amount of the loss thereby sustained or to imprisonment

with or without hard labor for any period not exceeding three years.

7. This A c t shall be styled and may be cited as the " Liens on

Crops Ac t of 1862."

S C H E D U L E .

Form of Agreement.

In consideration of the advance of £	paid to me in money by	(or—
value for which I admit to have received in goods from) C. D. of

produce) of this year growing and to grow on the land (here describe the land) in the Colony	the extent of the said advance—on the crop (or crops) of (here state the nature of the I do hereby give the said C. D. a preferable lien—to	of New South Wales	It is further agreed that unless on or before the
day of	18	I pay to the said C. D. the sum of £	with

interest thereon at the rate of per cent, per annum the said crop (or crops) shall be

gathered carried away and made marketable by me or at my expense and shall be delivered at to the said C. D. or his order—in which event he may sell the same by (here state mode and conditions of sale) and from the proceeds may pay himself the said sum

and interest and all costs and shall pay over to me the balance if any or if there be any

deficiency may recover the same against me at law as any debt.

In witness whereof I have hereunto set my hand this day of 18 .

Witness— (Signed) A. B.

No. X L