ANNO VICESIMO NONO
| V I C T O R I A E | R E G I N A E . |
An Act to enable the Australian Agricultural
Company to sue and be sued in the Colony
| by their corporate name. | [7th April, 1866.] |
| WH E R E A S | passed in t h e fifth year of t h e re ign of H i s la te Majes ty King- |
| by | an | Ac t | of | t h e | Imper i a l | Pa r l i amen t | m a d e | and |
| George t he | F o u r t h | in t i tu led | "An | Act | for | granting | certain | powers |
| " and authorities | to a Company to be incorporated | by Charter to be |
| of t he " Aus t ra l i an Agr i cu l tu ra l Company " for t he purposes t he re in expressed t h e n and in t h a t case t h e said Company should have and enjoy t h e powers r igh ts and privileges and be subject to t h e regula t ions res t r ic t ions and condit ions of t h e said A c t men t ioned and conta ined A n d whereas by t h e second section of t h e said A c t i t was fur ther enacted t h a t i t should and m i g h t be lawful for t he said Company from t ime to t ime to appoin t any person or persons to act as a n d be t h e agen t or agents a t to rney or a t to rneys of t he said Company in t h e said Colony and its dependencies and such appo in tmen t from t ime to t ime to revoke and recall as occasion migh t requi re and t h a t t h e said Company should | be |
| " called | the 'Australian | Agricultural | Company' for the | cultivation |
| " and improvement of waste lands in the Colony of New South | Wales |
| " and for | other purposes | relating | thereto" | i t was a m o n g o the r t h i n g s |
enac ted t h a t in case H i s said Majesty should wi th in t h r ee years after the pass ing of t h e said Ac t he pleased by Char te r u n d e r t h e Grea t Seal of Grea t Br i t a in to declare and g r a n t t h a t such and so m a n y persons as should be n a m e d the re in and all a n d every such o ther person or persons as from t i m e to t ime should be duly admi t t ed member s in to
| the i r corporat ion should be a body polit ic and corporate by t he | n a m e |
be a n d they were the reby author ized to sue and be sued plead and be impleaded a t ba r or in E q u i t y wi th in t h e said Colony by and in t h e n a m e of such agen t or agents a t to rney or a t to rneys as aforesaid P r o vided always t h a t every such appo in tmen t should be recorded a n d enrol led in m a n n e r the re in ment ioned A n d whereas in pu r suance of
| t h e said A c t H i s said Majesty | was | pleased by H i s | Le t t e r s | P a t e n t | or |
Char te r u n d e r t h e Grea t Seal of Grea t Br i t a in da ted a t W e s t m i n s t e r t h e first day of November in t he year of our L o r d one t housand e ight h u n d r e d a n d twenty-four and fifth year of H i s re ign to g r a n t
| a n d declare t h a t cer ta in persons the re in n a m e d a n d all a n d every | such |
| o ther person or persons as from t ime to t ime should be duly | admi t t ed |
| as m e m b e r s in to t he i r corporat ion should be | a | body | poli t ic | and | cor |
| pora te | by t h e | n a m e | of | t h e | " Aus t r a l i an | Agr i cu l t u r a l | C o m p a n y " | a n d |
b y t h a t n a m e should have pe rpe tua l succession and a Common Seal A n d whereas t h e mode of legal procedure in th i s Colony directed by t h e said second section of t h e said rec i ted A c t has been found mos t inconvenient and i t is desirable t h a t provision should be made for enabl ing t h e said Company to sue a n d be sued by the i r corporate n a m e Be i t therefore enacted by the Queen ' s Mos t Exce l l en t Majesty b y and w i t h t he advice a n d consent of t h e Legislat ive Counci l and Legis la t ive
| Assembly | of | N e w | South | W a l e s | in | P a r l i a m e n t assembled a n d b y | t h e |
au thor i ty of t h e same as follows :—
1. The second section of t h e said reci ted A c t is he reby repealed
| so far as t h e same | relates to t h e | Colony | of N e w South | W a l e s | P r o |
| vided a lways t h a t no th ing here in conta ined shall | prejudice | inval ida te |
| or affect a n y proceedings h a d commenced or t aken u n d e r t h e | said |
| section before t h e pass ing of th i s Ac t . |
| 2. | F r o m | a n d after | t h e pass ing of th i s A c t | t h e | said | Company |
| shal l i n t h e | Colony of N e w | Sou th | W a l e s sue and be sued plead a n d |
| be impleaded in al l Cour t s of | L a w E q u i t y or o the r | j ud i ca tu re | w i th in |
| t h e said | Colony | by a n d | in | t he i r | corpora te | n a m e | of t h e | Aus t r a l i an |
| Agr i cu l t u r a l | Company | a n d | in all proceedings | informat ions | indict |
| m e n t s or prosecut ions whatsoever | i t shall be lawful to s ta te t h e l ands |
| t e n e m e n t s moneys goods effects | bills no tes securit ies or o ther | p rope r ty |
| of whatsoever n a t u r e rea l or personal of t h e said Company | to be long |
| to t h e said | Company b y | the i r corpora te | n a m e | a n d to | des ignate | t h e |
said Company b y the i r corporate n a m e whenever for t h e purpose of any al legat ion in any proceeding whatsoever such designat ion shal l bo necessary A n d i t shall no t be necessary in any ac t ion suit or proceeding
| civil c r imina l or otherwise to p rove t h e incorpora t ion of t he said |
| Company or t h e | a p p o i n t m e n t of | a n y | agen t | or a t to rney | a t | l aw | or in |
fact for or b y t h e said Company in respect thereof.
3 . The said Company shall a lways have an officer or agen t a n d a place of business in t h e said Colony t h e n a m e of which agen t or officer a n d a descr ipt ion of which place of business shall be regis tered in t h e office of t h e Reg i s t r a r Genera l a n d all process notices a n d proceedings aga ins t t h e Company if served on such agen t or officer or upon any o ther pr incipal officer of t h e Company i n his absence or a t such place of business shall be deemed good service
| u p o n the said | Corporat ion. |
A n