Part 10Miscellaneous

Part 10—Miscellaneous 89—Vesting order in lieu of conveyance Where a person entitled to or possessed of land or any interest therein, either solely or jointly with any other person, by way of security for money, is an infant, or a mentally incapacitated person, the court may make an order vesting or releasing or disposing of the land or interest therein in like manner as in the case of a trustee who is an infant or a mentally incapacitated person. 90—Vesting order in cases of mentally incapacitated or infant mortgagee Where a person entitled alone or jointly with another person to stock or a chose in action by way of security for money is a mentally incapacitated person, or an infant, the court may make an order vesting the right to transfer, or call for a transfer of the stock, or receive the dividends or income thereof, or to sue for or recover the chose in action in like manner as in the case of a trustee who is a mentally incapacitated person, or an infant. 91—In what cases the heir, representative, or devisee of a person, who has contracted to sell land, shall be deemed a trustee Where a person having contracted in writing to sell land dies without having conveyed the land in pursuance of his contract, and the consideration for the sale has been paid or satisfied in his lifetime, or after his decease, or the person entitled to receive the consideration money or such part thereof as may remain unsatisfied, is willing to receive the same, and there is no dispute or question as to the making of the contract, or as to the right of the purchaser of the land so agreed to be sold to demand specific performance of such contract, and the court shall be satisfied that the only impediment to the performance thereof arises from the fact that the legal estate in the land has become vested in the representative or devisee of the deceased vendor, who is an infant, or a mentally incapacitated person, the court may make an order declaring the representative or devisee, as the case may be, of the deceased vendor to be a trustee of the land contracted to be sold, and such representative or devisee shall thereupon be deemed to be a trustee thereof within the meaning of Trustee Act 1936 and at the same time or subsequently the court may order that the land shall vest in such person in such manner and for such estate as the court may direct, and may give directions as to the payment and satisfaction of any unpaid or unsatisfied purchase-money. 100—Assurance policy by spouses (1) A policy of assurance effected by a person on the person's own life, and expressed to be for the benefit of the person's spouse or children, or of the person's spouse and children, or any of them, creates a trust in favour of the objects named in the policy. (1a) The money payable under a policy referred to in subsection (1) will not, so long as any of the trust remains unperformed, form part of the estate of the insured, or be subject to the insured's debts. (2) The insured may by the policy, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or new trustees thereof, and may make provision for the appointment of a new trustee or new trustees thereof, and for the investment of the moneys payable under any such policy. In default of any such appointment of a trustee, such policy, immediately on its being effected, shall vest in the insured and his or her legal personal representatives, in trust for the purposes aforesaid. If, at the time of the death of the insured, or at any time afterwards, there shall be no trustee, or it shall be expedient to appoint a new trustee or new trustees, a trustee or trustees, or a new trustee or new trustees may be appointed by the court. (3) The receipt of a trustee or trustees duly appointed, or, in default of any such appointment, or in default of notice to the insurance office, the receipt of the legal personal representative of the insured, shall be a discharge to the office for the sum secured by the policy, or for the value thereof, in whole or in part. 108—Interpretation of terms The word contract in this Part shall include the acceptance of any trust, or of the office of executor or administrator. 110—Invalidity of restraints upon anticipations Any restraint or restriction upon anticipation or alienation affecting the enjoyment of property by a woman that could not have been validly made or imposed in respect of the enjoyment of property by a man, is invalid. 112—Regulations respecting notices (1) Any notice required or authorised to be served or given by this Act shall be in writing. (2) Any notice required or authorised by this Act to be served on a mortgagor shall be sufficient, although only addressed to the mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained. (3) Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in South Australia of the mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a mortgagor, is affixed or left for him on the land or any house or building comprised in the mortgage. (4) Any notice required or authorised by this Act to be served shall also be sufficiently served if it is sent by post in a registered letter addressed to the mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, and if that letter is not returned through the post office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. 114—Power of Court to sell interest of Crown in real estate (1) Where in any proceeding it appears to the court that His Majesty is entitled to any hereditament, corporeal or incorporeal, or to any estate, legal or equitable, therein, the court may, on the application or with the consent of the Attorney-General, notwithstanding that no office has been found and no commission issued, order a sale of the hereditament, estate, or interest; and the net proceeds of such sale, or such portion thereof as represents the interest of His Majesty, shall be paid to the Treasurer for the purposes of the public revenue. (2) The court on any such sale may make an order for the Public Trustee to convey the hereditament, estate, or interest to or vesting the same in the purchaser. 116—Definition of intestacy Where any beneficial interest in land of a deceased person, whether the estate or interest of such deceased person therein was legal or equitable, is owing to the failure of the objects of the devise or other circumstances happening before or after the death of such person in whole or in part not effectually disposed of, such person shall be deemed for the purposes of this Act to have died intestate in respect of such part of the said beneficial interest as is ineffectually disposed of. 117—Restrictions on constructive notice (1) A purchaser shall not be prejudicially affected by notice of any instrument, fact, or thing unless— (a) it is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him; or (b) in the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his solicitor or other agent, as such, or would have come to the knowledge of his solicitor or other agent, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or other agent. (2) This section shall not exempt a purchaser from any liability under, or any obligation to perform or observe, any covenant, condition, provision, or restriction contained in any instrument under which his title is derived, mediately or immediately; and such liability or obligation may be enforced in the same manner and to the same extent as if this section had not been passed. (3) A purchaser shall not by reason of anything in this section be affected by notice in any case where he would not have been so affected if this section had not been passed. 118—Lessor to have benefit of an informal insurance The person entitled to the benefit of a covenant on the part of a lessee or mortgagor to insure against loss or damage by fire, shall, on loss or damage by fire happening, have the same advantage from any then subsisting insurance relating to the building covenanted to be insured effected by the lessee or mortgagor, in respect of his interest under the lease or in the property, or by any person claiming under him, but not effected in conformity with the covenant, as he would have from an insurance effected in conformity with the covenant. 119—Payment into court Payment of money into court effectually exonerates therefrom the person making the payment. 120—Saving of certain rights of the Crown (1) Nothing in this Act shall be construed as rendering any property of the Crown subject to distress, or liable to be taken or disposed of by means of any distress. (2) Subject as aforesaid, and subject to any enactment to the contrary, the provisions of this Act shall bind the Crown.