Property Act 1860 (SA)

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ANNO VICESZMO TERTIO ET VLCESIMO QUARTO

V I C T O R I E

REGINB.

.

No. 6.

An Act to amend the Law of

Property cmd for other Puvoses.

[Assented to, 17th October, 1860.J

E it Enacted by the Governor-in-Chief of the Province of South PreimMe.

B Australia, with the advice and consent of the Legislative

Council and House of Assembly of the said Province, in. this preaent

Parliament assembled, as follows-

1. In the construction of this Act-

Interpretabion of

terms,

The word 'g stock" shall mean any fund, annuity, or security transferable in books kept by any company or society established or to be established, or transferable by deed alone, or by deed accompanied by other formalities, and any uha.re or interest therein:

The word

transfer" shall mean the execution and performance

of every deed and act by which a person entitled to stock

can transfer such from himself to another:

The word

mortgage" shall mean every instrument by virtue

whereof land or other property is in any manner conveyed,

assigned, pledged, or charged as security for the repayment

of money or money's worth lent, and to be reconveyed, re-

assigned, or released on satisfaction of the debt:

The word

mortgagor" shall mean every person by whom such

conveyance, assignment, pledge, or charge as aforesaid shall

be made:

Th word "mortgagee" shall mean every person to whom or in

G

whose

m-

char@ as tmforedd isJ made or transferred:

The word Court shrill mean the Supreme C O W of South

Australia:

The word "person,"

used akld referred to in the masculine gender,

shall include a female as well as a male, and shall include a body

corporate; md, generally, unlesss the contrary shall appear from the context, every word importing the singular nuGber shall extend to several persons or things, and every word im-

.

porting the masculine gender only shall extend to a female.

Restriction on effect

of licence to alien.

2. Where any licence to do any act, which, without such Iicence would create a forfeiture, or give a right to re-enter, under a con- dition or power reserved in any lease heretofore granted, or to be hereafter granted, shall, a t any time after the cornniencernent of this &t be given to m y lessee or his assigns, every such licence shall, un- less otherwise expressed, extend o d y to thc permission actually given, or ta any specific breach of any proviso or covenant made, or to 'be made, or to the actual assignment under lease, or othcr matter thereby specifically anthorized to be done, but not so as to prevent any proceeding for any subsequent breach \unless otherwise specified in such licence); and all ri hts, under covenants and powers of for-

feiture and re-entry in the P ease contained, shall remain in fbll force

and virtue, and sbail be available as qgaiinst any snbsequent breach

of covena'nt, or condition, assignment, underlexsc, or othcr matter, not specifically authorized, or mado dispunishable…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.