Wool Liens and Stock Mortgages Act 1851 (SA)

No. 17.

An Acl to give a pr~ferclble lien on EKool, from season to season,

make Mortgt~gw of Sheep, Cattle, uncl Horses valid, without f / x 4 a q

~2~ id

delivery to the Mortgagee. A V A/ 4- - A&;C ##

[Assented to 2nd Januarj, 1852.1 1 --

HEREAS it is expedient to give a preferable lien on wool, Preamble.

from season to season, and to make mortgages of sheep, cattle, and horses valid, without delivery to the nlortgagec:

Be it therefore Enacted by the Governor of South Australia, Any person makings bona fide advance to

with the advice and consent of the Legislative Council thereof, That, ,rop,,to,

in all cases where any person shall make any bona $de advance of sheep on condition OF	money or goods, or give any valid promissory note, or bill, to any vr as secunry receiving iu payment,
propr&or of sheep, on con&tion of receiving in payment, or as advance, the wool of the then next ensuing
security only for such money, goods, promissory note, Or bill (as clipand&lyregister-
the case may be), the wool of the then next ensuing clip of such ins the &@cement re- lative thereto, shall be proprietor, and where the agreement relating to such purchase or entitled to the whole

of the wool mentioned

security shall be made in the fbrm, or to the cEect in Schedule A,. In such agreement,

appended to this Act, and registered within ten whether suchadvance be msdc: before, at, or

da s aker the datk of %FGon r n v S u i 2 1 after the grmtlng of

purchase or a vance, shall be eniiTkd to the whole of the wool such peferable lien. \

mentioned in such ameernent, whether such advance of money, or goods, or of such noTe or bill,' be before, at, or afier the grantiig of any such preferable lien, so long as the re- agreement re-

B 1 lating

lating thereto shall purport on the face of it to have been made in payGent, or as security for such advance; and the possession of such wool by the said proprietor, shall be to all inteilts and pur- poses in the law, the possession of the person or persons making

property and posses- menadvdvsnce repaid such purchase or advance: Provided, that when, at any time, such

sion of the WOO^ to	advance be repaid, with such interest aud comniission as may be
revestintheproprietor	of the sheep.	specified in any such agreement, the possession and property of the
said wool shall revest iu such proprietor.

Agreement, in form 2. And be it Enacted, That when any person s l d l make any

'pecified3

my h a Me advance such bonojFde advance or purchase as aforesaid, the preferable lign

on securityofensuing of the lienee making the same, on the wool of the then next ensuing clip of wool, registered

ss hereinmentioned, clip of such proprietor, shall not be in anywise extinguished, sus-

valid agdnst subse- ~ended, impaired or otherwise prejudicially affected by any sub-	quent purchaser, &C.,
of sheep. sequent, sale, mortgage, or other incurribrance whatsoever of the sheep mentioned and described in the registered agmenient, relating

-. to any such preferable lieu,' nor by the su6sequent insolvency of the lienor, but shall be as valid and effectual to all illtents and purposes whatsoever, against any sucli subscquent purchaser, mortgagee, incumhrancer, or other claimant or possessor of the said sheep, or against tlie trustccs or assignees of such illsolvent lienor, as aqainst the original proprietor tllereof, who granted such preferable 'lien: Provided that if any such lienor, subsequent mortgagor, incumbrancer, trustee, or other clairnaut or possessor of such sheep, shall neglect or refuse to shear and deliver the wool of any sheep for which any such preferable lien sllall have beell granted as aforesaid, in pursuance of the agreement in that behalf contained in such preferable lien, it shall be lawful for the lienee, his executors, administrators, or assigns, to take possession of the sheep bearing such wool, for the purpose of washing and shearing the same; and all expenses attending such shearinq, and the con- veyance of the wool to the place of abode of such lience, s l d l be incorporated with, and deemed in law, part of the amount secured by such lien.

Mortgageof livestock

boturfide made for 3. And he it Enacted, That all mortgages of sheep, cattle, and

valuable considera- horses, ~vliicli shall hereafter be made borta @/e, and for valuable

tipn, executed andre- consideration, and where the names of tlie parties thereto, and thc

gratered as heretn

mentiond. valid d- pitrtic~li~rs thereof, shall be duly registered within tell days

thoughthe~fincipal after tlie date tliercof, in the office of the Registrar-General, in tlie

eum not presently

pYa&, and	form mentioned in Schedule B, appended to this Act, shall be valid
atoch remain in POs-	in the law, to all intents and purposes, wlrether the money secured

session of the

mortgagor. by tile said mortgage be payeblc prcsently or not, and notwith-

standing the said mortgaged 'live stock s 1 d not be delivered over c, . . 2 C J

to the n~ortpgcc, hut shall remain and continue, in every respect as therctofbrc, in the possession, order, and disposition of the said mortgagor; and though the said mortgagor afterwards take the benefit of any law now, or hereniter to be ixl force in the said Colony, for the relief of insolvent debtors: Providcfi that no mortgage shall llrottlct the same from the operation of any such law, unless such morttcage shall have bwu executed at least ~ixty days before the date of any fiat of insolvency or unless

the

the consideration tllereof shall be an advance or loan made at t1.1~

time of the execution of such mortgage.

4. And he it Enacted, That the RegistrwGeneral or Deputy Registrar s ld1 keep a separate and distinct registry, from year to	Separate and distinct rsgistry from year to
year, to be kept of
veizr, of all such agreements for such purchases of wool, or ad-	chases of, or advances
agreements for pin=
;:mees thereon, and shall also keep R separate and distinct registry of thr: particulars of all such mortgages of sheep, cattle, and horses	on woo1,'and of mort-
gages of live stock.
as aforesaid; and sliall be entitled to demand for every sucll registry thereof, the fees payable under the Ordinance No. 8, of the
~iftlfttl year of Her Majesty, to provide for the registration of deeds,
v411s, judgments, conveyances, and other instruulen ts.
5. And he it Enitcted, That the Registrar-General, or his deputy, at any tiiue after the registration of any such preferable lieu as	Whcn and how pre- ferable liens on wool
may be cancelled.
hereinbefore provided, may, at the request of both parties to any suvh preferable lien, enter satisfaction fbr the same on the records of the o&c+
6. And bc it Enacted, That in every case where, before or after the passing. of this Act, the amount of pril~cipal	In every case, befvrc
or after passing of

aud interest, or of the this Act, in which

balance of principal and interest due upon any ~nortgage of live	urilount of mortgage
shdl have been phid,
stock, shall have beerr, or shall be paid to the person entitled to rc-	mortgagor may regis-
ceive the same, or his agent in tbat bclrillf, and it 1-eceipt i11 writing	tor the receipt, but without prejudice to
for the amount so paid shall have been, 01. sIra11 be given, signed by	any prcvious sdc or

the p r t y so entitled, or by his agent, acknowled~inq such payment subsequent mortgage.

to be in satisfaction of the mortgage, it slid1 be lawful for the mort- -

S a .*amor, his cxecutors, administrators, or assigns, to cause a copy of

such receipt, duly verified by affidavit, to be rcgistcrcd at Adelaide, in the office of the Registrar-General, on production to this officer, or his Deputy, of the original receipt, and of the mortgage deed to which the same sliall relate; and, fioin and aficr tllc t ~ m c of' the registration of any such verified receipt, such payment s l d l operate

judice nevertheless to any previous sale or s:rlcs, or any conveyance	by created, to all intents and purposes wl1:ttwever, hut without prc- as an extinction of the nlortgagc, and of' the riglit and interest there-	in pursuance thereof, under such mortgage decd, t,he particulars whereof shall be duly endorsed tllereupon, and without prejudice to any second or subsequent rnortga~c :nffecting the same live
stock, or any part thereof, tl~eii duly wg~strred, unless every party
thereto shall, by writing under his or liev h i t c l, at the h o t of such
receipt us afbrPsaid have s i p i f i d his or her assent to the registra-
tion of such receipt.

7. And be it Enacted, That nothing in this Act contained, shall ~i,l,t, ~ f t h, cram

be construed to aff'ect in any way thc rights or prcrogativc of the ;.&;'f"tc	lands no'
Crown, as to any of the waste 1:mds described ill any such liens or mortgages, as the lands, or stations, where iwy such sheep, horses, or cattle may be depasturilig.

8. And be it Enacted, That this Act shall take effect from the Duration o :A~.

passing

passing thereof, and shall continue in force until the thirty-first day of December, in the year one thousand eight hundred and fifty-four,

and no longer.

To increase pablic 9.

And whereas it is expedient, with a view to increase the public 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, or 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 suchwritten consent & 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 mort- g?ge, without the written consent of the mortgagee the&of, 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 (with intent in any such case to defi-aud the lienee or mortgagee), shall be sevemlly held and deemed guilty

confidence in liens on

WA and mortgages	confidence in the validity of such preferable liens an wool and mort-
Of

ent live ta punish kOck* frauda 'xpdi'- gages of live stock, to surround them with the penal provisions

Penalties of an indictable fraud and misdenieanor, and being thereof duly convicted, shall be severally liable, in the discretion of the Judge or Court before whom any such offender shall be 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 discre- tion of such Court or Judge.

JOHN MORPHETT, Speaker.

Passed*

the Leg3latit! e Council this Twenty-fourth

day of December, One Thousand Eight

Hundred aud Fijty-one.

WM. B. GILBERT,

Pro Clerk of Council.

In the name and on the behalf of Her Majesty I assent to this Act.

H. E. F. YOUNG,

Lieutenant-Governor-

Government House, Adelaide,

2nd January, 1852.

SCHEDULES REFERRED TO.

'

ID consideration of & ' '

hona$de value for which I

admit to have reccived in [money or yoods, or prow&ssory note or notes, bill or

bills, or ail rrr any of these, as the case r n q be, from &.,-of

1 hereby give the said A.B. a preferable 1 ien (to the extent of the said

,dvmce) on the moo1 of the ensuing clip, to be shorn from my fl ocku of '

sheep, consisting in number of , or thereabouts, and now

depasturing at , in the said Colony, under the superin-

tendence of. It is further agreed that the

said sheep shall be shorn by me, or at my expence, and that the wool thereof

&dl be delivered by me at, to the order of the said A.B.

Dated day of A. U.

Witness (Signed) C.D.

N.B. If the money or goods, promissory note or notes, bill or bills ad- vanced, be for the absolute purcllase of the wool, instead of the words in brackcts 'S to the extent of the said advance," insert the words "for the absolute purchase and whole vttluc thereof."

1	1	Consideration.	Numher and description of sheep w&se wool is pleclgcd, or of mortgagex sheep, cattle, or hor~cc, and the brand or other distinctive ~ili~rh, and stations where the same are dep:i~iuring, as also
/ if any @en.'	the name of the principzi superinten-
l	dent or overseer.