Victorian Consolidated Legislation

Instruments Act 1958 - SECT 62

Right of lienee to ensuing crop

62. Right of lienee to ensuing crop



After such agreement as aforesaid has been registered as aforesaid, the
preferable lien of the lienee on the crop of the then next ensuing harvest of
such proprietor shall not be in anywise extinguished suspended impaired or
otherwise prejudicially affected by any subsequent sale mortgage or other
incumbrance whatsoever of the farm on which such crop then is growing or not
harvested and which is mentioned and described in the registered agreement
relating to any such preferable lien, nor by the subsequent bankruptcy or
insolvency of the lienor his executors or administrators, nor by any execution
against his or their property, but shall be as valid and effectual to all
intents and purposes whatsoever against any such subsequent purchaser
mortgagee incumbrancer lessee or other claimant or possessor of the said land,
and against the assignees of such bankrupt or insolvent, lienor his executors
or administrators, and against any execution creditor, as against the original
proprietor thereof who granted such lien. And if any such lienor subsequent
purchaser mortgagee incumbrancer lessee or other claimant or possessor
assignee or execution creditor neglects or refuses to harvest at the usual
season and deliver forthwith thereafter the crop for which any such preferable
lien has been granted as aforesaid, in pursuance of the provisions in that
behalf contained in such registered agreement, it shall be lawful for the
lienee his executors or administrators to take possession of the farm bearing
such crop for the purpose of harvesting such crop, and (if authorized by such
registered agreement in that behalf) to sell the same; and all expenses
attending such harvesting and the conveyance of the produce thereof to the
place of abode or business of such lienee or to the nearest place of shipment
and of any sale as aforesaid shall be incorporated with and be deemed in law
part of the amount secured by such lien.