South Australian Repealed Acts

This legislation has been repealed.

LIENS ON FRUIT ACT 1923 - SECT 3

3—Right of lienee to fruit crops

        (1)         Subject to subsection (2) , in all cases where any person bona fide makes any advance of money or gives any negotiable security, or supplies any chattels to any proprietor of a fruit crop on condition of receiving the produce of the then next ensuing harvest of such proprietor as absolutely purchased by or in payment of or to secure the payment of any such money or negotiable security, or for any such chattels (as the case may be), and where the agreement relating thereto is made in the form of the Schedule hereto, or in a form to the like effect, and is registered within ten days after the date of such agreement by leaving in the office of the Registrar-General of Deeds a true copy thereof, verified on oath before any person authorised to take affidavits, the person making such purchase or advance or giving such negotiable security, or supplying such chattels, shall be entitled to the whole of the fruit crop mentioned in such agreement, whether such advance of money or the giving such negotiable security, or the supply of such chattels, be before, at, or after the granting of any such preferable lien, so long as the registered agreement relating thereto has been made in payment or to secure the payment of such money or negotiable security, or for such chattels; and possession of such fruit crop by the said proprietor, his executors or administrators, shall be to all intents and purposes in the law the possession of the person making such purchase or advancing such money, or giving such negotiable security, or supplying such chattels; and after such advance has been repaid, or such negotiable security satisfied, or such chattels paid for, with such interest and commission as may be specified in any such agreement, the possession and property of the said fruit crop shall, if such agreement was made by way of security, re-vest in such proprietor, subject, nevertheless, to any charge in the meantime created by the proprietor and which then affects the same.

        (2)         An agreement is not to be registered under this Act following the last business day before the registration commencement time.