Liens on Wool Act 1845 No 30a (NSW)

No. XXX.

An Act to repeal an Act intituled " An Act to

" give a preferable Lien on Wool from season " to season and to make Mortgages of Sheep " Cattle and Horses valid without delivery to the

WHEREAS it is expedient that an Act passed in the seventh year of Her Majesty's reign intituled " An Act to give a preferable	" Lien on Wool from season to season and to make Mortgages of
" Sheep Cattle and Horses valid without delivery to the Mortgagee"
should he repealed and that other provisions be made in lieu thereof
Be it therefore enacted by His Excellency the Governor of New
South Wales with the advice and consent of the Legislative Council thereof That so soon as this Act shall take effect the said recited Act and every matter and clause therein shall be and hereby is repealed except as to any matter or thing previously done or commenced to be done under the provisions thereof which shall be as valid and effectual
in law as if this Act had not been passed.

" Mortgagee" and to substitute for a limited time other provisions in lieu thereof. [Re­ served—8th November, 1845.]

2. And be it enacted That in all cases where any person shall make any bond fide advance of money or goods or give any valid pro­ missory note or bill to any proprietor of sheep on condition of receiving in payment or as security only for such money goods promissory note or bill (as the case may be) the wool of the then next ensuing clip of such proprietor and where the agreement relating to such purchase or security shall be made in the form or to the effect in Schedule A appended to this Act and shall be duly registered within thirty days after the date of such agreement by leaving in the office of the Registrar General of the said Colony or of the Deputy Registrar of the Court at Port Phillip a true copy thereof duly verified on oath before the said Registrar General or Deputy Registrar of the Court at Port Phillip or before any other public officer who may be duly authorized to administer an oath in that behalf within the jurisdiction where the proprietor of the said wool shall be resident the person making such purchase or advance shall be entitled to the whole of the wool mentioned in such agreement whether such advance of money or goods or of such note or bill be before at or after the granting of any such preferable lien

so long as the registered agreement relating thereto shall purport on

the face of it to have been made in payment or as security for such advance and the possession of such wool by the said proprietor shall be to all intents and purposes in the law the possession of the person or persons making such purchase or advance Provided that when at any time such advance be repaid with such interest and commission as may be specified in any such agreement the possession and property of the said wool shall revest in such proprietor.

3. And be it enacted That when any person shall make any such bond fide advance or purchase as aforesaid the preferable lien of the lienee making the same on the wool of the then next ensuing clip

of such proprietor shall not be in anywise extinguished suspended

impaired or otherwise prejudicially affected by any subsequent sale mortgage or other incumbrance whatsoever of the sheep mentioned and described in the registered agreement relating to any such preferable lien nor by the subsequent insolvency of the lienor but shall be as valid and effectual to all intents and purposes whatsoever against any such subsequent purchaser mortgagee incumbrancer or other claimant or possessor of the said sheep or against the trustees or assignees of such in­ solvent lienor as against the original proprietor thereof who granted such preferable lien Provided that if any such lienor subsequent mortgagor
incumbrancer trustee or other claimant or possessor of such sheep shall neglect or refuse to shear and deliver the wool of any sheep for
which any such preferable lien shall have been granted as aforesaid in
pursuance of the agreement in that behalf contained in such preferable lien it shall be lawful for the lience his executors administrators or assigns to take possession of the sheep bearing such wool for the pur­ pose of washing and shearing the same and all expenses attending such shearing and the conveyance of the wool to the place of abode of such lienee shall be incorporated with and be deemed in law part of the amount secured by such lien.

4 And be it enacted That all mortgages of sheep cattle and horses which shall hereafter be made bond fide and for valuable consideration and where the names of the parties thereto and the par­ ticulars thereof shall be duly registered within thirty days after the date thereof in the office of the Registrar General or Deputy Regis­
trar of the Court at Port Phillip according to the jurisdiction wherein

the proprietor of such mortgaged live stock shall be resident in the form mentioned in Scheduled appended to this Act shall be valid in the law to all intents and purposes whether the money secured by the said mortgage be payable presently or not and notwithstanding the

said

said mortgaged live stock shall not be delivered over to the mortgagee hut shall remain and continue in every respect as theretofore in the possession order and disposition of the said mortgagor and though the said mortgagor afterwards take the benefit of any law now or here­ after to be in force in the said Colony for the relief of bankrupt or insolvent debtors Provided that no mortgage shall protect the same from the operation of any such law unless such mortgage shall have been executed at least sixty days before the date of the order for sequestration or unless the consideration thereof shall be an advance or loan made at the time of the execution of such mortgage.

5. And be it enacted That the Registrar General or Deputy Registrar of the said Court shall keep a separate and distinct registry from year to year of all such agreements for such purchases of wool or advances thereon and shall also keep a separate and distinct registry of the particulars of all such mortgages of sheep cattle and horses as aforesaid and shall be entitled to demand for every such registry thereof a fee of two shillings and sixpence and one shilling for each affidavit sworn before them or made in verification thereof and all persons shall have access to either of the said registries and may search the same during the usual hours of business on paying for each search a fee of one shilling.

6. And be it enacted That at the end of twelve calendar months next after the expiration of the year for which any such preferable lien upon wool shall have been given as aforesaid the Registrar General or his Deputy or the Deputy Registrar of the Court at Port Phillip may remove from the records of their respective offices all such pre­ ferable liens and may destroy or cancel the same or at any time at the request of both parties to any such preferable liens may enter satisfac­ tion on the same.

7. And whereas it is expedient with a view to increase the public confidence in the validity of such preferable liens on wool and mortgages of live stock to surround them with the penal provisions necessary for the punishment of frauds Be it enacted That any grantor of any such preferable lien on wool or of any mortgage of sheep cattle or horses and of their increase and progeny under this Act whether such grantor shall be principal or agent who shall afterwards by the sale or delivery of the wool under any such lien without the written consent of the lienee to any purchaser pawnee or other person or by selling steaming or boiling down or causing to be sold steamed or
boiled down without such written consent as aforesaid the sheep
whereon the same shall be growing with a view to defraud such lienee
of such wool or of the value thereof or who shall after the due execution and registry of any such mortgage without the written consent of the mortgagee thereof sell and dispose of or steam or boil down or cause to be sold and disposed of or to be steamed or boiled down any sheep cattle or horses or their increase or progeny or who shall in any way or by any means whatsoever or howsoever directly or indirectly destroy defeat invalidate or impair or any other person or persons who shall wilfully and knowingly incite aid or abet any such grantor directly or indirectly to defeat destroy invalidate or impair the right of property of any lienee in the wool of any sheep mentioned and described in any such registered agreement as aforesaid or the right of property of any such mortgagee as aforesaid in any sheep cattle or horses or their in­ crease and progeny mentioned in any mortgage duly executed and registered as aforesaid under the provisions of this Act shall be severally held and deemed guilty of an indictable fraud and misde­ meanor and being thereof duly convicted shall be severally liable in the discretion of the Judge or Court before whom any such offender

shall

shall he so convicted to fine or imprisonment or to both fine and imprisonment for any period not exceeding three years with or without

hard labor at the discretion of such Court or Judge.

8. And be it enacted That nothing in this Act contained shall be construed to affect in any way the rights or prerogative of the Crown as to any waste lands described in any such liens or mortgages as the lands or stations where any such sheep horses or cattle may be depasturing.

9. And be it enacted That this Act shall continue in force

until the thirty-first day of December in the year one thousand eight

hundred and forty-eight and no longer.

SCHEDULES	R E F E R R E D TO.
A.

IN consideration of £ bond fide value for which I admit to have received in (money or goods or promissory note or notes or bill or bills or all

or any of these as the case may be) from A. B. of
I do hereby give the said A. B. a preferable lien (to the extent of the said advance) on the

wool of the ensuing clip to be shorn from my flocks of sheep consisting in number of

or thereabouts and now depasturing at in the said

Colony under the superintendence of It is further agreed that the said sheep shall be shorn by me or at my expense and that the wool thereof shall be delivered by me at to the order of the said A. B.

Dated day of A.D.

Witness— (Signed) C. D.

N.B.—If the money or goods promissory note or notes bill or bills advanced be for

the absolute purchase of the wool instead of the words in the brackets " to the extent of
the said advance" insert the words " for the absolute purchase and whole value thereof."

B.

Numbers and description of mortgaged S leep

Cattle or Horses and the brand or other dis­

Date of Name of Name of Consideration. tinctive mark and Stations where the same

Deed.	Mortgagor.	Mortgagee.	are depasturing as also the name of the prin­ cipal Superintendent or Overseer.
Name of Witness or Witnesses.

No. X X X I .