Alliance Marine Fire and Life Assurance Company Act 1839 No amf (NSW)
| A N N O | T E R T I O |
| V I C T O R I A | REGINJL |
An Act for facilitating Proceedings by and against the Sydney Alliance Marine and Fire and Life Assurance Company. [2Stk August, 1839.]
| WH E R E A S several persons have formed themselves into a company or society established at Sydney under the name style | or firm of " The Sydney Alliance Marine and Eire and Life Assurance | |
| Company" for the purpose of effecting marine insurances of vessels in | ||
| harbour and at sea and of the cargoes and property in and on board | ||
| the same and also assurances upon life and also for the purpose of effecting insurances against loss or damage by fire and against other risks and also for the purpose of employing the accumulating funds belonging and which may hereafter belong to the said company and in the hands of the directors in the discounting of bills of exchange and promissory notes and in loans upon real or other security within the said Colony A n d whereas difficulties may arise in recovering debts due to the said company and in maintaining actions or proceedings for damages done to their property and also in prosecuting persons who may steal or embezzle the bills notes bonds mortgages moneys goods chattels or effects of the said company A n d whereas it would be con venient and just that persons having demands against the said company should be entitled to sue some member thereof in place and stead of the whole but as these purposes cannot be effected without the aid and authority of the Legislature Be it therefore enacted by His Excellency the Governor of N e w South Wales with the advice of the Legislative Council thereof That from and after the passing of this A c t all actions and suits and all proceedings at law or in equity to be commenced instituted prosecuted or carried on by or on behalf of the said company or wherein the said company is or shall be in any way concerned against any person or persons body or bodies politic or corporate or whether a member or members of the said company or otherwise shall and may be lawfully commenced instituted and prosecuted or carried on in the name of the person who shall be Chairman of the Board of Directors of the said company at the time any such action suit or pro ceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioner for or on behalf of the said company and | ||
| that all actions suits or proceedings as aforesaid to be commenced | ||
|
loss or damage it shall be lawful to state that such hills notes bonds moneys goods chattels effects or any other property of the said company to be the property of such Chairman for the time being of the Board
of Directors of the said company notwithstanding it shall be proved at
the trial that the same belongs to the said company and any offence committed with intent to injure or defraud the said company shall and lawfully may in any prosecution for the same be stated or laid to have been committed with intent to injure or defraud such Chairman for the time being of the Board of Directors of the said company and any offender or offenders may thereupon be lawfully convicted of any
such offence and the death resignation or removal or other act of such
Chairman shall not abate any such action suit or prosecution but the same may be continued where it left off and be prosecuted and carried on in the name of any person who may be or become Chairman of the Board of Directors of the said company for the time being and that where it shall be necessary for any person to serve any summons notice writ or other proceedings at law or in equity upon the said company service thereof respectively shall be made upon such Chairman for the time being or at his usual place of abode.
2. A n d be it enacted That a memorial of the name of the Chairman of the Board of Directors of the said company in the form or to the effect for that purpose; set forth in the Schedule hereunto annexed signed by the said Chairman of the Board of Directors of the said company and by a majority of the other directors of the said company shall be recorded upon the oath of the Secretary of the said company for the time being in the Supreme Court of N e w South Wales within thirty days after the passing of this A c t and when and as often as any director of the said company shall be duly elected Chairman thereof a memorial of the name of such newly elected Chairman in the same form or to the same effect as the above-men tioned memorial signed by such newly elected Chairman and by a majority of the several other persons who shall be directors of the said company at the time of the election of such new Chairman shall in like manner be recorded upon the oath of the Secretary of the said company for the time being in the said Supreme Court within thirty days next after sucli Chairman shall be elected.
3. Provided always and be it enacted That until such memorial
as hereinbefore first mentioned be recorded in the manner herein
directed no action suit or other proceeding shall be brought by the
said company in the name of the Chairman of the Board of Directors
of the said company as aforesaid under the authority of this A c t .
4i. Provided always and be it enacted That in all actions suits petitions or other proceedings in law or equity in which the said Chairman for the time being shall be on behalf of the said company and under and by virtue of this A c t plaintiff complainant or petitioner or defendant it shall and may be lawful for the said Chairman for the time being or for a director auditor treasurer secretary clerk or any other officer engaged in the executive duties of the said company or for any proprietor of the said company to give evidence in such action
suit petition or other proceeding notwithstanding the name of such
Chairman for the time being shall be used as plaintiff complainant petitioner or defendant and notwithstanding that such persons giving evidence as aforesaid shall or may be interested in the result of such action as a member of the said company.
5. Provided always and be it enacted That execution upon any decree order or judgment in any such action suit petition or other proceeding obtained against the Chairman for the time being of the Board of Directors of the said company whether he be plaintiff or
defendant
defendant therein may be issued against and levied upon the goods and chattels lands and tenements of any member or members whom soever of the said company for the time being in like manner and not otherwise than as i f such decree or judgment had been obtained against such member or members personally Provided always that every such Chairman in whose name any such action suit petition or other proceeding shall be commenced prosecuted carried on or defended and every such member or members against whose goods and chattels lands and tenements execution upon any judgment or decree shall be issued or levied as aforesaid shall always be reimbursed and paid out of the funds of the said company all such damages dues expenses costs and charges as by the event of any such proceedings such Chair man or member or members shall or may be put unto or become charged therewith and all such remedies shall be allowed as between the several members of the said company for the time being as if this
A c t had not been passed.
G. A n d be it enacted That the Secretary or other principal officer for the time being of such company shall within fifteen days from the first day of January in each year cause a true list of the names of all the then existing members of such company with their respective places of abode and designation to be recorded upon oath in the office of the Registrar of the Supreme Court and that the same shall be open for inspection at all reasonable times by any persons requiring the same on payment of a fee of one shilling and if any
such Secretary or principal officer of the said company shall fail to
cause such list to be recorded in manner as aforesaid he shall be liable to a penalty of one hundred pounds to be recovered by action of debt in the said Supreme Court by any person or persons suing for the same Provided always that nothing herein contained shall make liable such Secretary or other principal officer to the payment of such penalty for any omission on account of any member changing his name or place of abode or any female member marrying or any member becoming bankrupt or insolvent or departing this life i f such Secretary or principal officer shall not have received notice of the same respectively.
7. A n d be it enacted That every person whose name shall be so recorded shall be considered a member of the said company and be liable to be sued as such until a new list of the members' names shall be recorded as aforesaid or until he shall have given notice of his
| retirement in the New South Wales Government | Gazette. |
| 3 |
8. A n d be it enacted That the provisions in this A c t contained shall extend and be construed deemed and taken to extend to the said
• company at all times during the continuance of the same whether the
said company be now or hereafter composed of some or all or any of the persons who were the original or are the present members thereof or of all or some of those persons together with some other person or persons or shall be composed altogether of persons who were not original nor are now members of the same.
9. Provided always and be it enacted That nothing herein contained shall extend or be deemed taken or construed to incorporate the members or proprietors of the said company or to relieve or dis charge them or any of them from any responsibility duties contracts or obligations whatsoever which by law they now are or at any time hereafter shall be subject or liable to either between the said company and others or between the individual members of the said company or any of them and others or among themselves or in any other manner whatsoever except so far as the same is affected by the provisions of
this Ac t and the true intent and meaning of the same.
10. A n d he it enacted That all bonds covenants mortgages
warrants of attorney and other securities not being assignable in law
which have been or which shall or may at any time hereafter be
taken in the name of any person as Chairman or in the name of any
director or directors of the said company for or on account of the
said company shall and may be put in suit and be held sued or prosecuted upon at law or in equity in the name of the Chairman for the time being of the Board of Directors of the said company notwith standing the name of any such Chairman be not inserted in such
bond covenant mortgage warrant of attorney or other such security
as an obligee covenantee mortgagee assignee or payee of the sum or sums of money therein respectively secured and the death resignation
removal or other A c t of any such Chairman of the Board of Directors
of the said company for the time being shall not abate any action suit
or other proceeding but the same may be continued where it left off
and be prosecuted and carried on in the name of any person who may succeed to that office or be or become the Chairman of the Board of
Directors of the said company and all legal rights and capacities in
respect of the said company shall become vested in such new Chair man as aforesaid to all intents and purposes immediately upon the
recording of the memorial of the name of the new Chairman in the
said Supreme Court and so on toties quoties whensoever any new appointment or election of a Chairman for the time being of the Board
of Directors of the said company shall take place and such new
memorial thereof shall be enrolled as aforesaid.
11. A n d be it enacted That in any action to be brought by
any Chairman of the Board of Directors of the said company by
virtue of this A c t the plaintiff therein shall not be nonsuit nor shall
a verdict be given against the plaintiff for want of proof of the record
of such memorial or memorials as hereinbefore mentioned but in case
the defendant in any such action shall make it appear on such trial that no such memorial or memorials has or have been recorded then a nonsuit shall be entered in such action.
12. Provided always and be it enacted That nothing in this A c t contained shall be deemed to affect or apply to any right title or interest of Her Majesty Her Heirs and Successors or of any body or
bodies politic or corporate or of any other person or persons excepting
such as are mentioned herein or of those claiming by or under him
her or them.
| 13. A n d be it enacted That this A c t shall not commence or take effect until the same shall have received the Royal approbation | and the notification of such approbation shall have been made by His | |
| Excellency the Governor for the time being in the New South Wales | ||
|
14. A n d be it enacted That this Ac t shall be deemed and taken
to be a public A c t and shall be judicially taken notice of as such by the Judges of the Supreme Court of N e w South Wales and by all
other Judges Justices and others within the Colony of N e w South
Wales and its dependencies without being specially pleaded.
S C H E D U L E
| S C H E D U L E | R E F E R R E D | T O . |
MEMORIAL of the name of the Chairman of the Board of Directors of " The Sydney
Alliance Marine and Fire and Life Assurance Company" to be recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor and Council passed in the third year of the reign of Her Majesty Queen Victoria intituled "An Act for facilitating " Proceedings by and against the Sydney Alliance Marine and Fire and Life Assurance
" Company."
A. B. Chairman.
| C. D. | N . | 0. |
| E. F. | P. Q. |
| G. H. V | Directors, | R. S. |
| I . | K . | T. U. |
| L. M. ; | V. w. |
of Sydney gentleman
of the above-named company maketh oath and saith that he was present and did see the foregoing memorial signed by the above-named Chairman and Directors respectively whose
names appear thereto.
Sworn this
| day of | 183 | } |
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