Lunatics Estates Act 1854 (SA)

No. 6.

An Act to authorize the sab, or mortgnge, or letting of the Estates

of	Persom found lunatic, and Jar other purposes therein
men	tion ed.

[ Assenced to, November 18, 1854.1

4 AS great injury frequently happens to persons found Yrea~lb'e-

affairs, and the creditors of such persow are delayed in obtaining WHERE lunatic, or of unsourld mind, and incapable of uianagiug their

payment of their demands, for want of sufficient powdr to apply

the property of such persons in discharge of their debts aiid engage-

ments--Be it Enacted by the Lieutenant-Governor of South Aus- tralia, with the advice and consent of the Legislative Council thereof,

as fo1l A ows:

1. It shall be lawful for the Supreme Court, or any Judge Court may order

thereof, whenever any persons shall be lunatic, or of un- estat""d'Unat"ato be sold, &C., for pay-

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sound mind. so as to be incanable of managing their affairs, ment of debt&

and shall bo so found by the k i d Court, or &yU~udge thereor,

either by inspection, or upon inquiry before a jury, or other-

wise, to onler the freehold and leasebold estate of such persons

respectively, to be sold, or charged, or eucumbered, by way of

mortgage or otherwise, as shall be deemed most expedient, for the

urpose of raising such S I I ~ or s u m of money as shall be necessary

For the payment of the debts, and for perforrnir~g the contracts or en- gagenlents of any such persons respectively, and for the payment

of the costs m d c h a r p attending the same, axid attenclink $uith sale,

mortg:ige, or encunlbranc~,respectively ; and to direct the Committee

of thc estate of such persons respectively, to execnte, in the name

and behlf' of such persons respectively, conveyances of the estate

so to be sold, mortgaged, or encumbered; and to do all such acts as

shall be necessary to effectuate the same, in such manner aa such -

Couh or Judge s l d l direct. 2. In

be 2. In cage there shall be any aurplus of money to be raised

dirporead

aforesaid, a&r answerin the purposes aforesaid, the same shall be

applied and dispowdvof' 9 or the benefit of the lunatic in such man-

ner as the said Court or 5 thereof &all & ~ t.

by the G m m i t h unsound mind as aforesaid, over aAdz ihove the sum requisite for the maintenance of such person, i t shall be lawful for such Com- mittee, under the direction of tbe said Court or of any Judge thereof, to invest the same, or any part thereof, upon mortgage of rea\l estate, or in the purchaae of Government securities.

P o w e ~ o f l ~ ~ i c may

be srercired by Corn-	4. Every pbwer of leasing lands, tenements, and hereditamenta, which shall be vested in any person so found lunatic, or of unsound mind, having a limited estate only, shall and may be executed by the Committee of the estate of such person, under the direction or order of the said Court, or a hdge ihereof.
mittea

*t mar order the

mdKiog of leasea.

5. It shall be lawful for the said Court, or any Judge thereof, to order and direct the Committee of the estate of such person so found luhatic, or of unbound mind, to make such leases of the freehold or leasehold estates of such person, according to his interest therein,

for such term of years, and subject to such reuta aud covenants, a.

the mid Court QV Judge shall dimt.

Conroy.nesl, kc.,

binding. 6. Every convepnee, mortgage, and lease, which shall be made,

and every act which shall be done by a Committee of the estate of

rs peraon .so found lunatic, or of unsound mind, by virtue of this Act and the order of the said Court or a Judge, shall be as salici and binding against the person so found lunatic, or of unsound mind,

if he had been of sound mind, and had personally executed gach

conveyance, mortgage, or lease, or done such act.

et hot M mend C 7, Provided, neverthelem, that nothing in this Act contained &aLU

iaiWam IirbltiRy sf extend, or bk construed to extend, to subject any part of' the f r ~ -

, , , oflwbI

mind, to the debts or dernandsoi'his creditors, otherwise than as tbe	hold or leasehold estate of any person found lunatic, or of unsound
same ere now subject or liable by due course of law; but only
authorize the Supreme Court, and the several Judges thereof, %a
make orders in such cases acs acre hereinbefore mentioned, when th same shall be deemed for the benefit and advantage of a, person W fouod lunatic, or of unsound mind, so as to be incapable of managing his own affdra.

NO. 10 of 1844. 8. And whererrs, by an Ordinance, No. 10 of 1844, in-titulqd An

Ordinsmoe to make provision for the safe custody of and prevenki~

d &n&s	by persotie dmger~trdy insane, and for the care and
&ntenanm	af persons of vnsonnd mind," two Jmtiees of the Peaca:

&re aathorired to aommit my parson who may be r daagero~

Irikuatic, or a dangerous idiot, to some Gad or House of Comrection,

or

or public Hospital, there to be kept in strict custody until such

person shall be discharged as in the said Ordinance is provided, or

until such person shall be removed to some public Colonial Lunatic

Asylum by order of the Governor as thereafter provided: And whereas no provision is made in the said Ordinance for the dis- charge of any person who ma have been so committed and

,

aforesaid-Be it krther Enacted, That whehver &ly person shall ~~~~~

removed to some public Colonial E unatic Asylum bv such order aa

have been committed to any Gaol, House of Correction, or public ofpemn commitred

Hospital, as a dangerous lunatic or a dangerous idiot, under ~ a ~ B m ~ ~ ~ - ~ e

authority of the said Ordinance, and shall have been removed to A ~ ~ ~ U U L

some Colonial L,unatic ~ s ~ l u m by order ofthe Governor, it shall

be lawful for two Justices, either of whom shall be one of the Justices

who has signed the warrant of committal of such person, or for a

Judge of the Supreme Court, to order the discharge of such person,

in the same manner as though he had not been removed to such

public Colonial Lunatic Asylum.

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