Wool Liens and Stock Mortgages Act 1855 (SA)

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An Act to give a preferable lien on Wool, from season to season, make ..Y-~&- '

Mortqages o f Sheep, Cattle, and Horses valid, without delivery -

to the Mortgagee. -&--.- S+- $=---C

[Assented to, March 5, 1856.1 6z + Td--.,

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

W from PMSOO to season, and to make mortgages of sheep, L

cattle, and horses valid, without delivery to the mortgagee :

of the wool mentioned

as aforesaid; and shall be entitled to demand for every such

registry thereof, the fees payable under the Ordinance No. 8, of the Fifth year of Her Majesty, to provide for the registration of deeds, wills, judgments, conveyances, and other instruments.

5. And be it Enacted, That t,he Rcgistrar-General, or his Deputy When and how pre-

y ferable liens on wool

at any time after the registration of any such preferable lien as	beemcc~~ed.
hereinbefore provided, may, at the request of both. parties to any such preferable lien, enter satisfaction for the same on the records of the office.

6. And be it Enacted, That in every case where, before or after In or after every passing W, before of

the passing of this h t, the amount of principal and interest, or of the this dct, in whi&

balance of principal and interest due upon any mortgage of live amountofmo*gage &aU have been paid,

stock, shall havc been, or shall be paid to the person entitled to re- mrtpagor may regis-

ceive the same, or his agent in that behalf, and a receipt in writing ?tk:; ,";k,":d. ' to t : ' '

for the amount so paid shall h a w been, or shall be given, signed by any pmvioua sale or

the party so entitled, or by llis agent, acknowledging such payment

mo*gspe.

to be in ~a~tisfaction of the mortgage, it shall be lawful for the mort- gagor, his executors, administrators, or assigns, to cause a copy of

such reccipt, duly verified by affidavit, to be registered at Adelaide,

in the oRice of the Kcgistrar-General, on production to this officer, or his Deputy, of the original receipt, and of the rnortp-ge deed to which the same shall relate; and, from and after the time of the registration of any such verified receipt, such payment shall operate

as an extinction of the mortgage, and of the right and interest there-

by creaked, to all intents and purposes whatsoever, but without pre-

judice nevertheless to sny previous sdc or sales, or tu~y conveyance

in pursuance thereof, under such mortgage deed, the pa~ticulnrs

whereof ~11tdl he duly endorsed thereupon, and without prejudice

to any second or subsequent mortgage aRecting the same live

stock, or any part thereof, then duly registered, unless every party

thereto shall, by writing uuder his or her band, at the Soot of such

receipt as af'oresaict havc signified liis or her assent to the registration

of such receipt.

7. And be it Enacted, That nothing in this Act contained, s h l l ltig?$ of the Crown

be construed to affect in any WAY the rights or prerogntive of the ,E,,ted.	au to waste lands not
Crown, as to any of the waste lands described in any such liens or mortgages, as the lands, or stations, where any such sheep, horses, or cattle may be depasturing.

8. And whereas it is expedient., with a view to increase the public TO increase public

confidence in liens on

.confidence in the validity of such preferable liens on wool and mort- wool andmoeages of l

gages of live stock, to surround them with the penal provisions "ye stook; expedient	to punish frauds..
necessarv for the punishment of frauds: Be it Enacted. That anv grantor Lf any suih preferable lien on wool, or of any kort age :f

sheep, cattle, o r z s e s, or of their increase and progeny, un f er this I V U,

~ c t, * whether such pantor shall be principal or agent, who shall afterwards by the sale or delivery of the wool under auv such lien, without - %-written conse~t of the lienee, to any pawnee,

i.'

or other person, or by aelling, &earning, or boiling down, or c %using

to be sold, steamed, M bailed dawn, without such written consent as

taforesaid, the sheep whereon the erne shiiK6e growing, with a view to defraud silch lichee of such wool, or of the value theFeof; or a. shall, after the due execution and registry of any such mort- gage, without the written consent of the mortgagee thereof, scll and disposerdrXeim, 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 defraud

the lienee or mortgagee), s h a be s e v e ~ ~ C a n d deemed

Penalties. of an indictable fraud and misdemeanor- and being thereof duly convicted. shall be severdh liable. in the discretion of the Judge or Court before whom any sich offender shall be so convicted, t g 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.

SCHEDULES

SCHEUULES REFERRED TO.

In consideration of E bonajde value for which f admit to

have received in [rnolaey or goods, or promissory note or notes, bill or tills, or all or any

of t h e, as the case may be,] from A.B., of I do hereby

give the said A.B. a refm ble lien (to the extent of the said advance) on the wool

af the ensuing clip, t o %%- e B orn from my flocks of sheep, consisting in number of

, or thereabouts, and now depasturing at in the

aid Colony, under the superintendence of. It

i~ 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 ot 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 brackets to the

extent of the said advance,"	insert the words "for the absolute purchase and whole
value thereof,"

>onsideration, If Yumber and description of sheep

for a preferable whose wool is ledged, or of mort-

lateof Deed Name of Name of &MEP&, or horses, and

lien state par-

or Agree-	Mortgagor	Mortgagee	ticular of b i b	thebrandor other distinctive mark,
ment.	or Lienor.	or Lienee	and stations where the same arc

- or notes, if any

-7 depasturing, as nho tho namcofthe

given. principal superintendent or overseer.

p-

Name of

Witness or Witnesses.

h m ~ m o	: Printed by authority, by W. C. COS, Qoyenunent Printer, Victoria-sqw.
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