Australia -- Politics and government; Great Britain -- Colonies -- Australia
Another measure which may affect the well-being of settlers is the
Family Home Protection Act, 1895. Any owner of land may settle as a
family home the land, not exceeding, with all improvements, L1,500 in
value, on which he resides and has his home, provided that at the time
the land is unencumbered and he is able to pay all his debts without
the land in question. As a precaution against the {102} concealment of
liabilities, he is obliged to make an application to a District Land
Registrar, who must thereupon give public notice of the intended
registration. Should any creditor put in a claim within twelve months,
the case is to be tried before a Judge of the Supreme Court, and if the
owner of the land is vindicated, the Registrar is to issue a
certificate which will exempt the family home from seizure under
ordinary processes of law, but not in one or two contingencies, of
which the principal is the failure to meet current liabilities in
respect of rates or taxes. The registration is to continue until the
death of the owner or the majority or death under the age of twenty-one
of all his children, and is not to precede the last of these events.
Upon its cessation it may be renewed at the option of the persons then
holding the estate, who must be relations of the deceased. Little
effect has been given to the Act owing, probably, to the unavoidable
publicity of the proceedings. It appears to have been based upon a
South Australian Act of 1891, which enables holders of workmen's
blocks, by the endorsement of their leases, to secure for their
properties somewhat similar exemptions from seizure. Their failure to
avail themselves, to any considerable extent, of this privilege is
attributed to the unwillingness of working men to take any trouble in a
matter of which the advantages are merely contingent.
Public-domain text, read in full here on John Shaqi.
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