The Advances for Homes Act 1910 (SA)
GEORGII V RIEGIS.
A.D. 1910.
No. 1018. An Act giving the Government Power to make Advances to Person's of Limited Means to provide Homes for theinselves, and for other purposes.
it Enacted by the Governor of the State of South Australia, |
follows: | B |
1, This Act may be cited as " The Advances for Homes Act,short title.
1910."
Interpretation. |
Advance" means an advance made under this Act: | Cf. Advances to | |
|
Agreement" means an agreement containing a covenant to |
purchase Crown lands:
a Applicant " means an applicant for an advance:Borrower " means a person who has obtained an advance:
& L Dwelling-house " includes the house and its appurtenances,necessary outbuildings, fences, and permanent provision for lighting, water supply, drainage, and sewerage, but does not include any land:
Family" includes the parents or other relatives dependent
upon the applicant or borrower:
" Holding " means land of | which an applicant or borrower is |
the beneficial owner in fee simple in possession, or Crown
lands
I" GEORGII V, No.1018.
The Advances for Homes Act.-1910.
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lands (in which term is included any land vested in the Board) held by an applicant or borrower for his own benefit under a lease or agreement:
" | Inspector-General" means the Inspector-General of the Hank: |
" Inspector " means an inspector appointed by the trustees of
the Bank:
" Prescribed" means prescribed by regulations made under this
Act:
'' The Bank " means the State Bank of South Australia.
The Board " means the Board of 'l'rustees of the Bank:
" The Fund " means the Advances for Homes Fund constituted
by this Act:
"The Treasurer " means the Treasurer for the time being of
the State:
" This Act !' | includes regulations made under this Act: |
" Trustee " and | trustees " respectively mean member and |
members of the Board:
;' Valuer " means a valuer appointed by the trustees:
administered by the Board of Trustees of the State Bank of South Australia. | |
year, be paid by the Treasurer of the State out of the Fund, as | |
consideration for the administration of this Act and the Fund by the Board, and to meet the expenses of such administration, an amount equal to Fifteen Shillings per centunl of the total balance of the advances due on such thirtieth day of June. |
(a) The amount which may be paid to a trustee during any one year of office by way of fees for meetings under The State Advances Act, 1895," and this Act shall not exceed in the aggregate Two Hundred and Fifty-two Pounds; and
The State |
Advances Act, 1895," and this Act on the same day, onlv one fee shall be paid to
a trustee for attendance at a mee;-ing or meetings on such day.
I" GEORGIIV, No.1018.
The Advances for Homes Act.-1910.
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5. The Roml shall, for the purposes of this Act, be a body |
corporate, with perpetual suc-essior, and a common seal, and be |
capable of suing and being sued, find of doing and suffering all | 1908,s. |
such other acts and things as may be necessary or expedient for carrying out the provisions of this ,%et. |
terests in |
property, and all moneys acquired by them under | |
on account of the Crown. |
7, The provisions of "The State Advances Act, |
the proceedings at and the conduct of meetings of the Board, and as | |
to the powers of the chairman of a meeting, shall apply when the Board is transacting business under this Act: Provided that in such case three trustees shall form a quorum, and may execute and exercise all the powers and discretions of the Board under this Act, |
8. (1)A- Fund i~ hereby constituted, to be called " The AdvancesAdvance, for Homes
for Homes Fund." | |
Cf. ibid., a. 11. | |
(4) A11 moneys received by the Board in repayment of advances, or for rent, shall be paid to the Treasurer and be placed to the credit of the Fund and form part thereof. Moneys received by way of interest on advances shall be paid to the Treasurer and be applied in aid of the general revenue of the State. | |
the purposes of this Act. |
9, The Inspector-General shall, under the Board, be the chiefoacere of Board.
executive officer of the Board for the purposes of this Act. The | officers and servants appointed under " The State Advances |
1895," shall also be the 6fficers and servants of the Board for carry- | |
ing out the provisions of this Act, and the Trustees may, subject to the approval of the Governor, appoint such inspectors, valuers, and other additional officers and servants as |
10, The provisions of sections 22 and23 of " The StateSections 22 and 23 of
Advances Act, 1895," shall, so fa^ as the same can apply to the |
purposes of this Act, apply to the meetings and business of the
11. (1) Subject
1' GEORGII V, No. 1018.
for Hornas,
make advances to any person on the prescribed security for the |
his holding as a home for him- |
self and his family, or, after erection or partial erection of
a dwelling-house on his holding, to enlarge or complete the same;
(b ) To purchase a house and land enclosed or occupied there-with as a home for himself and his family; or
(c ) To discharge any mortgage already existing on his holding.(2) No advance shall be made to any persou who at the time of his application for such advance is in receipt of an income exceeding Three Hundred Pounds per annum, nor unless his income is derived, as to at least four-fifths thereof, from actual personal exertion.
(3) Advances may be made for any purpose mentioned in sob- division( a ) of subsection( 1 ) hereof of an amount not exceeding four-fifths of the value of the dwelling-house to be erected, en- larged, or completed, and the holding upon which the same is to be erected or stands.(4) Advances may be made for the purpose mentioned in sub- division (b) of subsection (1) hereof of an amount not exceeding four-fifths of the fair estimated value of the house and land to be purchased.
(5) Advances may be made for the purpose mentioned in sub- division
( c ) of subsection( 1 ) hereof of an amount not exceeding fonr-fifths of the fair estimated value of the applicant's estate or interest in the holding and the permanent improvements thereon.(6) Notwithstanding anything in this section, at no time shall the total advances to any person exceed the sum of Five Hundred
Pounds. |
(7) Any advance may be made by instalments.
(8) If | the advance is for the purpose mentioned in subdivision |
of subsection (l) | hereof then-- |
such advance may be made |
before the building is commenced, provided that the total of the amounts so advanced shall not exceed four-fifths of the fair estimated value of the applicant's estate or interest in the holding and the permanent improvements thereon.
( b ) The total of the amounts advanced up to any given timeshall not exceed the value of the progress theretofore made with the building, as certified in writing by a valuer to the satisfaction of the Board, in addition to the amount (if any) advanced as provided for by subdivision
(a) of this subsection.
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The A d v a w s for Homes Act.--1910.
(9) The payment of advances by instalments shall be made sub- ject to anything prescribed in that behalf.
I. Be made to the Board and in the prescribed form, and shall |
contain such particulars as are prescribed: | 1968, | |
in the pescribkd form that his income does not exceed 10, .. is derived, as to at least four-fifths thereof, from actual personal exertion, and, if the advance is for the purpose of erecting a dwelling-house, that he desires the loan for the sole purpose of erecting a dwelling-house as a home for himself and his family:
m. Be supported by such evidence (if any) as is prescribed, or
as the Board requires.
13. If at any time, in the opinion of the Board, any moneyAdvanccs by instal-
advanced under this |
which it was advanced, or has not been carefully znd economically | lgos, | p), |
expended, the Hoard may refuse to pay any further instalment of | the proposed advance, and may at once call in the whole amount | |
already :~dvauced, whereupon the borrower shall forthwith repay the same, and in default the Board shall have the same remedies for the recovery of the same as are provided by this Act for the recovery of sunls payable by the borrower. |
mortgage or mortgages in the prescribed form to the Board of the |
borrower's estate and interest in his holding, as well as of the im- | |
provemen ts already t hereon, and the improvements (if any) with respect to which such advance is made, with or without such additional security | |
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any
r o GEORGII V, No. 1018.
The Advances for Homes Act. -1910. any mortgage or other security executed under the provisions of this Act, or affect the validity of any such mortgage or security in respect of any chattels comprised therein.
-idv&nces only to be
cumbered by any previous lilortgago or charge, other than a mort- | ||
Ibid., | gage or charge under this Act, or a charge in favor of the Crown; | |
| ||
Pmvisiona |
provisions shall | apply: - |
(a) The loan shall be for such one of the terms of years mentioned in the Schednle to this Act as is agreed between the Board and the mortgagor: Provided that if the buildiugs are to be or are of-
I. Stone or brick, or stone a i d brick, the term shall
not exceed forty-two years:
11. Ordinary concrete, ferro-concrete, reinforced con-crete, or other similar material, the term shall
not exceed thirty years:
I I I. Ordinary wood and iron, or wood, the term shallnot exceed twenty years:
( h ) The loan, if made in one sum, shall date as from the firstday of the next month following that in which it is made, and if made by instalments, shall date as from the first day of the next month following that in which the final instalment is made:
(c) Interest at the rate of five per centum per annum (but subject to
a rebate, as provided by section 17) shall be paid on the loan or each instalment thereof, computed from the date
when the loan or instalment is made: |
( e ) If the loan is made by instalments, then, until and includingthe first day of the next month following that in which the final instalment is made, interest a t the rate of four and a half per ccntum per annum shall be paid to the Board on the first day of each month on all instal- ments theretofore made, computed from the dates of making the same respectively; or such interest may be deducted by the Board from
any instalment of the loan:(,/) After the first day of the next month following that in which the loan or the final instalment thereof is made, the principal, with interest thereon as provided by paragraph
I* GEORGII V, No. 1018.
The Advances for Homes Act.--1910.
( c ) hereof, shall be repaid to the Board by equal inatal-ments, which shnll be quarterly or monthly, as agreed.
between the Board and the mortgagor:
(g) Every such instalment shall consist partly of principal and partly of interest, and every s~lch instalment shalt, in respect of' each One Hundred Pounds thereof be of the amount set forth in 'l'able A or 'l'able B (whichever is appli- cable to the case) in the Schedule to this Act opposite to the term for which the loan is made, and in respect of any part of One Hundred Pounds shall be of an amount pro- portionate to the amount so set forth:
( h ) Irrespective of the prescribed instalments, the mortgagormay from time to time pay to the Board any sum being not less than One Youi~tl, and being either One Pound or a multiple of One Pound, in reiluction of the mortgage debt, and thereafter the instalments shall be proportionately smaller by a reacljustment of the arnounts of interest in-
cluded the~sein | : |
( 2 ) Notwithst.anding an) thing in this section, where it has beenagreed to repay by quar tdy instalments, the loan, or any \)art thereof; may be repaid by monthly instalments; and in that case the instalments shnll be as set forth in Table
H in the Schedule to this Act.
17. In order to encourage the early payrrient of the prescribed~; ~; ; ~ a ~ $ ~ ~
instalments of | principal and int,erest the following provisions shall |
apply with respect to every instalment :- | 39, 1906, |
) If the mortgagor (not being in arrears with any previous insti~lment or other paj-ment under the mortgage) pays the instalment on or before its due date, or not later than the seventh day thereafter, he shd1 be entitled to a rebate of one-tenth of so much thereof as consists of interest, thereby reducing the rate of' such interest to four and a
half' per centum in lieu of five per ccntum per annuin: |
. (6) Such rebate may be deducted and retailled by the mortgagor
from the full nominal arnomlt of the instalment when
making the payment.
mortgage of a holding the freehold whereof' may under any Act be | |
acquired from the Crown, the grant in respect of such holding shall | |
not be issued while such mortgage is in existence, except to the | |
Boarcl, nor unless i t bears an indorsement showing that it is subject | |
to the mortgage. |
(2) When an advance has been made upon the security of amortgage of a lease over a holding no fresh lease of the holding
shall be issued while such mortgage is in existence, except to the
Board, nor unless i t bears an indorsement showing that it issubject to the mortgage.
(3) When
I~ GEORGIIV, No.1018.
The Advaws for Homes Act.--1910.
(3) When a grant or fresh lease has been indorsed, as mentioned in this section, such grant or lease shall be subject to the mort- gage as if it were expressly charged thereby; and notwithstanding
the provisions of " 'l'he Real | |
(4) The Board shall be entitled to retain possession of every such grant or fresh lease while such mortgage is in existence. |
for Bosrdt0
a mortgage of a holding the freehold whereof may under any Act
be acquired from the Crown, the Board may, at any time and not- withstanding the provisions of any Act, acquire the freehold of the holding on behalf of the mortgagor or his successor in interest, and for that purpose may make all such payments to the Crown and otherwise as are necessary. | ||
and shall bear an indorsement showing that it is subject to the mortgage, and thereupon the provisions of subsections | ||
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(1) In addition and without prejudice to any other remedy, |
if at any time any icstalment required by this Act, or any part | |||
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tion by action, in the name of the Board, from the owner or lessee | |||
for the time being of such holding. |
a t any time any instalment required by this Act, or any |
part thereof, is unpaid for three calendar months next after the time appointed for the payment thereof, then, although no legal demand has been made for the payment thereof, the Board may enter upon and take possession of the holding with respect to which the advance has been made, and may sell the estate and interest of the mortgagor therein and any lease or agreement under which he holds, either by private sale or public tender or auction, and subject to any conditions of sale they think expedient, and after such notice of the time, place, terms, and conditions of sale as they think just and expedient, and may transfer such holding and any such lease or agreement to the purchaser and give a good and valid title thereto.
in payment, in the first instance, of all moneys due in respect of such holding, a n d in redemption of any amount charged thereon in favor of the Board, or of so inuclz thereor' as remains unpaid, and of all expenses incurred by the Board in relation to s11c.h sale or otherwise with respect to such holding, and shall pay the balance (if any) to the persons appearing to the Boa,rd to be entitled to receive the same.
21. (1) The borrower over whose holding a mortgage or otherMortgagor to effect
security has been given under the provisions of this Act shall
during the continuance of the same, to the satisfaction of the Board,
keep in good and tenantable repair all buildings, fences, fixtures,
and improvements upon the holding comprised in such mortgage or
other security.
( a ) The like consequences shall follow as are provided by section 20 in case of breach of the terms or conditions of the mortgage or other security, or default made in the pay- ment of any interest or instalment payable under the provisions of' this Act; or
( b ) The Inspector-General, or any person acting with his authority,may enter upon the holding and effect all repairs whidh the Inspector-General deems necessary; and the expense thereby incurred, with interest at the rate of Five Pounds per ceharn per annum, shall be repaid to the Board by the borrower on demand, and uutil repayment shall be a charge under the mortgage or other security upon the holding, notwithstanding that the amount of the advance is thereby increased to more than Five Hundred Pounds.
whose holding an advance has been made, the following conditions |
shall be imposed so long as such holding is subject to any charge in Ibid., | 24. |
favor of the Board, namely:- |
(a ) Such holding shall not be let or sublet by such borrower with- out the consent of the Board:
( b ) Every lease, sub-lease, or agreement contrary to the provisions of this section shall be void and of no effect:(c) If such borrowe~ lets or sublets such holding or m y part thereof in contravention of the provisions of this section,
.
the Board may cause the borrower's estate and interest in
the holding and any lease or agreement under which he
holds the same to be sold:
B-101s | (d) When |
I" GEORGII V, No. 1018.
The Advances for Hornes Act.-1910. (d) When the borrower's title to the holding as owner or lessee is aevested from him under any law relating to insolvency, the Board may cause his estate and interest in the holding and in any lease or agreement under which he holds the same to be sold:
(2) The provisions of section 20, as to sale and application of proceeds of sale, shall apply to every sale made under the provisions of this section.
Restraint on power of
(a ) Arises through the operation of any law relating to in-solvency; or
( b ) Is made to a devisee by a person acting in the capacity of
executor or administrator; or
(c) Is made with the consent in writing of the Board.
Cf. Crown Lande
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making any payment required by this Act: | Provided that the de- |
ferred payments shall bear interest at the rate of | Five Pounds per | |
centum per annum. | ||
Board in or towards repayment of advances shall be exempt from |
all stamp duties chargeable upon receipts under the | Stamp Act, | |
1886," or any Act amending or substituted for that Act. | ||
appraisers in South Australia, being the Ordinance No. 10 of |
this Act.
Board to obtain
inspectors and valuers of the Board as to the manner in which | |
adiances and instalments of advances have been expended and used |
by the respective borrowers, and as to the state and condition of the improvements for the purpose of which such advances and instal- ments have respectively been paid, and generally as to the state and condition of the holdii~gs in respect of which'such advances and instalments have been paid, |
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28. The Board shall keep a register or list of all advances, with~ ~ ~ ~ ~ \ ~ v a n c e 8
the names of the persons to whom the advances have been made,
payment of
audit shall apply to the Board in connection with the administration | Advances Act, |
of this Act and the Fund, the said sections being, for the purposes of this section, read as if the word " Board |
the previous financial year-- |
( a ) The financial position of the Fund:
( h ) The financial results of the year's operations:(c) The cost of management during the year:
(d) The gross and net profits made during the year:
( e ) The whole cash receipts and expenditure during the year:
(.f) Such other accounts and records (if any) as are prescribed.
31, The Governor may from time to time make regulations forRegulations.
all or any of | the following purposes, namely :- | |
the | |
,, |
Hoard:
( b ) Prescribing the mode in which applications for advances areto be made:
(c) Regulating the consideration and granting of applications: |
( d ) Prescribing what inquiries and valuatio~ls shall be made in relation to applications:
( e ) Prescribing the manner in which the amounts of instalments
of | advances shall be determined and paid to borrowers: |
(f) Prescribing plans and specifications for buildings to be erected with the assistance of advances, or on lands held under leases from the Board, whether with the assistance of advances or not:
(g) Prescribinq the principle and method to be adopted by valuers
in val&nng | the progress made with buildings and reporting |
thereon: |
( h ) Prescribing the forms of mortgages and securities to be taken and of leases to be granted by the Board, and providing for the registration of such mortgages and securities and leases:( i ) Prescribing
I " GEORCII V, No. 1018.
. |
(i) Prescribing the records, books, and accounts to be kept by
the Board:
( j ) Providing for the receipt and payment of moneys under this Act, and the safe custody of securities:(k) Prescribing the fees to be paid in respect of advances and
leases:
may be prescribed: |
(m) Prescribing anything which may be necessary or convenient
for carrying out thc objects and provisions of this Act.
Publication and effect
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date to be specified therein; and
(c) Be laid before both Houses of Parliament within fourteen days after publication, if Parliament is then in Session, and if not, then within fourteen days after the commence- ment of the next Session.
(2) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same is disapproved, by resolution of either House of Yarliament within thirty sitting days after such regulation has been laid before Yarliament, if Parliament is so long in Session: Provided that if Parliament is not in Session for thirty sitting days after wch regulation has been laid before Yarliament, then such regulation shall not continue to have any force or effect if disapproved by either IIouse of Parliament within thirty sitting days after the commencement of the next Session of Parliament.
In the name and on behalf of His Majesty, I hereby assent to |
this Bill.
D14Y H. BOSANQUET, Governor.I" GEORGII V, No.
1018.
The Advances for Homes Act.-1910. THE SCHEDULE.
TABLE A.
five per centum per annuna, for the undermentioned terms respectively :-
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
" | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | |
" | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
TABLE B.
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1
l
i
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C-1018
0
0
0