Victorian Consolidated Legislation

Instruments Act 1958 - SECT 61

Right of lienee to crops

61. Right of lienee to crops



(1) 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
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
or to the effect in the Sixth Schedule hereto and is registered within ten
days after the date of such agreement by leaving in the office of the
Registrar-General a true copy thereof verified on oath before the said
Registrar-General or before any person authorized 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 crop mentioned
in such agreement, whether such advance of money or the giving such negotiable
security or the supply of such ch attels 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 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
crop shall if such agreement was made by way of security re-vest in such
proprietor, subject nevertheless to any other lien or charge in the meantime
created by the proprietor and which then affects the same.

(2) Where there is indorsed on such an agreement a receipt-

   (a)  specifying the certain hour date and time on which a copy of the
        agreement was in accordance with the provisions of the said section
        left in the office of the Registrar-General; and

   (b)  signed by the Registrar-General or other proper officer in that
        behalf-

such receipt shall be taken and allowed as evidence of the registration of
such agreement and of the hour date and time of such registration.

(3) Every agreement made with the Minister for the time being administering
the Conservation, Forests and Lands Act 1987 or any Authority within the
meaning of the Water Act 1989 and registered in accordance with the provisions
of this section shall be and be deemed to be valid unless and until the
contrary is proved.