ANNO QUINTO
GULIELMI IV. REGIS.
An Act to enable the Proprietors of a Public Library heretofore inst i tuted and conducted at Sydney under the name and designation of the "Australian Subscription L ib ra ry" to sue and be sued in the name of the Secretary for the t ime being of the said Library and for other purposes therein mentioned. [29th July, 1834.]
| W H E R E A S a society or company was some t ime since formed | Sydney in the Colony of New South "Wales for t h e purpose of |
at
es tabl ishing a publ ic subscription l ibrary A n d whereas t he said society or company has been established and is now carried on in Sydney under the n a m e or style of the " Aus t ra l ian Subscription L i b r a r y " and consists of about e ighty member s or shareholders and is under the m a n a g e m e n t and control of a Pres ident Vice-Pres ident Treasurer and Secretary and a Commit tee of ten member s chosen and to be chosen from t ime to t ime from the body of t h e propr ie tors A n d whereas the sum payable on t h e admission of each m e m b e r is an original sub scription or paymen t of five pounds s ter l ing and an a n n u a l subscript ion or paymen t of two pounds s ter l ing And whereas difficulties may arise in recover ing t h e debts fines and penal t ies due and to become due to t h e said society or company and in m a i n t a i n i n g actions or o ther legal proceedings for damages done to the i r p roper ty and also in prosecut ing persons who may steal or embezzle t he goods chat te l s and effects of t he said society or company A n d it would be also convenient and jus t t ha t persons hav ing demands against t he said society or company should he ent i t led to sue some member thereof in the place and stead of the whole A n d whereas it is expedient t h a t t he said society or company should have t h e power to contract for and purchase e i ther in fee s imple or for life or lives or for any t e r m or t e rms of years for t h e purposes of the said society or company any messuages bui ld ings lands t enement s and hered i taments s i tua te in t h e Colony of New South W a l e s and also to sell all or any of the said messuages bui ldings lands t enement s and he red i t amen t s as they m a y t h i n k proper and purchase any other messuages bui ldings lands t enement s and heredi ta men t s for the purposes aforesaid And also t ha t t he said society or company should be empowered and enabled to accept t ake receive and hold and subsequent ly sell or dispose of any messuages lands t enemen t s and he red i t aments money proper ty and effects whatsoever
| whereas Thomas W a l k e r of Sydney Esqui re m e r c h a n t J a m e s Mitchel l of Sydney aforesaid Esqu i re surgeon and Wi l l i am Timothy Cape of | Sydney |
| which shall or may be given devised or bequea thed to them | And |
Sydney aforesaid Esqu i re have been a t a genera l mee t ing of t h e said society or company nomina ted and elected t rus tees for t he purposes of th i s Ac t A n d whereas t h e above-ment ioned purposes cannot be effected wi thou t t he aid and au thor i ty of t h e Legis la ture Be i t therefore enacted by H i s Excel lency the Governor of N e w South Wales wi th t he advice of t h e Legislat ive Counci l thereof Tha t the present propr ie tors of any share or shares in t h e said society or company a n d all such o ther persons as shall from t i m e to t ime become propr ie tors of any such share or shares shall be a n d they are hereby author ized and empowered to purchase any lands messuages t enemen t s and hered i taments for t he purposes of th i s Ac t and also to accept and t a k e receive and hold any lands messuages t enemen t s a n d he red i t aments money p roper ty a n d
| effects | whatsoever . |
| 2. | A n d be i t fur ther enacted T h a t all lands messuages t enemen t s | |
a n d he red i t ament s and all cha r t s books accounts minu te s records a n d all o ther books k e p t by any officer of t h e said society or company and re la t ing to t he affairs of t he same and all furn i ture goods a n d chat te ls of w h a t n a t u r e or k ind soever now be ing or a t any t ime here after to become t h e p roper ty of t he said society or company shall be and t h e same are hereby declared to be vested in Thomas W a l k e r of Sydney aforesaid E s q u i r e m e r c h a n t J a m e s Mi tche l l of t he same place
| E s q u i r e | surgeon and | W i l l i a m Timothy | Cape | of | Sydney | aforesaid |
| Esqu i re a n d the i r | successors as t ru s t ees for t he said society | or | com |
| pany . |
3 . A n d be it fur ther enacted T h a t in case of the dea th resig na t ion or absence from t h e Colony or t he incapaci ty of any or e i ther of t h e said t rus tees or of any o ther or fu ture t r u s t ee or t rus tees t h a t t h e n t h e said l ands messuages t enemen t s and hered i taments char ts books furn i ture and o ther p roper ty be longing to t he said society or company shall vest in t h e surviving or r ema in ing t rus t ee or t rus tees u n t i l some other person or persons shall be elected a t a general mee t ing of t h e said society or company to be he ld in m a n n e r and a t t h e t imes hereinaf ter men t ioned in t h e room or s tead of t h e person or persons so dying res igning or be ing absent from t h e Colony or becoming incapable of ac t ing as such t rus tee or t rus tees .
| 4. A n d be i t | fur ther enacted T h a t all act ions and suits agains t |
| any person or persons indebted to t he said society or company whe t h e r a m e m b e r or member s thereof or otherwise and all t h e proceed ings a t law or in equi ty to be ins t i tu ted and prosecuted by or on behalf of t he said society or company or where in t h e said society or com p a n y is or shall be in any way concerned against any person or per | sons whatsoever shall and | lawfully | m a y be ins t i tu ted in t he n a m e of |
t h e person who shall be t h e Secretary of t h e said society or company a t t h e t ime any such act ion sui t or o ther proceedings shal l be ins t i tu ted as t he nomina l plaintiff compla inan t or pet i t ioner on behalf of t he said society or company and t h a t all act ions sui ts a n d o ther proceedings a t law or in equi ty to be commenced ins t i tu ted and prosecuted or carr ied on agains t t h e said society or company shall be ins t i tu ted and prose cuted aga ins t t h e Secre tary for t h e t i m e be ing of t he said society or company as t he nomina l defendant on behalf of t h e said society or com p a n y and t h a t all prosecut ions to be ins t i tu ted or carr ied on by and on behalf of t he said society or company for the embezzlement robbing or s teal ing of a n y books char t s maps goods chat te ls and effects of t he said society or company or for any o ther offence agains t t he said society or company shall and lawfully m a y be so ins t i tu ted and carr ied on in
| t h e n a m e of t h e Secre ta ry | for t h e | t ime be ing | on behalf of t he | said |
society or company A n d in all informations and ind ic tments i t shal l be lawful to s ta te t he p roper ty of t he said society or company to be t h e p roper ty of such Secre tary for t he t ime being A n d any offender
| or offenders m a y the r eupon be lawfully convicted of any such | offence |
a n d
and t h e dea th res ignat ion or removal or o ther act of such Secre tary whose n a m e shall be so m a d e use of in any such proceeding shall no t abate any such act ion suit prosecut ion or o ther proceeding b u t t he same m a y be con t inued where it left off a n d be prosecuted and carr ied on in t h e n a m e of any person who m a y be or become t h e Secretary for t he t i m e be ing of t h e said society or company.
| 5. | A n d be i t fu r ther | enac ted | T h a t | a memor ia l con ta in ing | t h e |
| n a m e of t h e Secre tary for | t he t ime be ing of t h e said | society or com |
| p a n y in t h e | form and to t h e effect set | forth in t h e Schedule | h e r e u n t o |
annexed signed by the Vice-Pres ident Secre tary a n d majori ty of t h e said Commit tee shall be recorded upon the oath of one or more credible witness or witnesses in t he Sup reme Cour t of N e w Sou th "Wales wi th in t h i r t y days from t h e pass ing of th i s A c t A n d w h e n any member or propr ie tor of t he said society or company shall be newly elected t he Secretary of such society or company his n a m e shall be recorded in t h e Sup reme Cour t in l ike m a n n e r wi th in t h i r t y days t h e n n e x t
| following and u n t i l such memor ia l shall be recorded in m a n n e r | here in |
| directed no ac t ion suit or o ther proceeding shall be b r o u g h t | by t he |
| said society or company in t h e n a m e of t h e Secre tary for t h e | t ime |
| be ing as aforesaid | u n d e r t h e | au tho r i t y | of th i s | Act . |
| 0. A n d be i t fu r ther enacted | Tha t t he Secretary | for | t h e | t i m e |
be ing of t h e said society or company be ing the plaintiff or compla inan t pe t i t ioner or defendant in any act ion sui t pe t i t ion or other proceeding as aforesaid on behalf of t h e said society or company shall no t p reven t his be ing a witness in any such act ion suit pe t i t ion or other proceeding in l ike m a n n e r as h e m i g h t have been if his n a m e had not been m a d e use of as such plaintiff compla inant pe t i t ioner or defendant there in .
7. A n d be i t further enacted Tha t execut ion u p o n any decree or
| j u d g m e n t | in | any | such | act ion | suit | pe t i t ion | or | o ther | proceeding |
obta ined aga ins t t h e Secretary for t h e t ime being of t h e said society or company whe the r he be plaintiff or defendant the re in m a y and shall be issued aga ins t and levied upon t h e goods and chat te ls l ands
| and t e n e m e n t s of any member | or member s | whomsoever | of t h e | said |
| society or company for t he t i m e | be ing in l ike m a n n e r a n d no t | other |
| wise t h a n as if such | decree or j u d g m e n t | h a d been | obta ined | agains t |
h i m her or t h e m personal ly Provided always t h a t every such Secretary for t h e t ime being i n whose n a m e any such ac t ion sui t pe t i t ion or o ther proceeding shall be commenced prosecuted carr ied
| on or defended | a n d every such m e m b e r | or m e m b e r s | agains t | whose |
| goods | a n d | chat te l s | lands | t enemen t s | a n d | he red i t ament s | execut ion |
u p o n any j u d g m e n t or decree shal l be issued or levied as aforesaid shal l a lways be re imbursed a n d paid ou t of t he funds of the said society or company all such dues damages expenses costs a n d charges as by t h e event of any such proceedings he she or t hey shall or m a y be p u t u n t o or become chargeable w i t h and res t i tu t ion shall be allowed as be tween the several par t ies as if th i s A c t had no t been passed.
| 8. A n d be i t fur ther enacted | T h a t | t he provisions in th i s | Ac t |
contained shall ex tend and be construed and deemed and t a k e n to ex tend to t h e said society or company a t all t imes du r ing the con t inuance of t h e same whe the r the said society or company be now or be hereafter composed of all or some of t he persons w ho were t h e or iginal m e m b e r s or propr ie tors thereof or be composed a l together of persons who were no t the or iginal m e m b e r s or propr ie tors of t he same.
| 9. Prov ided | always and | be i t | fu r ther | enacted | T h a t | n o t h i n g |
here in contained shall ex tend or be deemed t a k e n or cons t rued to ex tend to incorporate t h e m e m b e r s or propr ie tors of t h e said company
or
or society or to relieve or discharge t h e m or any of t h e m from any responsibil i ty dut ies cont rac ts or obligations whatsoever which by law they a re now or at any t ime hereafter shall be subject or l iable to e i ther be tween the said society or company or others or between the individual member s of t h e said society or company and any of t h e m and others or amongs t themselves or in any other m a n n e r whatsoever except as far as t he same is affected by t h e provisions of th i s present
| Ac t | and | t h e | t r u e | i n t en t | a n d | m e a n i n g | of t h e | same. |
| 10. | A n d be i t fur ther | enac ted | T h a t each a n d every m e m b e r of |
| t h e said | society or company shal l be ent i t led to a life in teres t only in |
| his or he r share b u t t ransferable | du r ing his or he r life in | m a n n e r |
| and u n d e r t he res t r ic t ions hereinaf ter | enacted and | declared. |
| 1 1 . | A n d be i t fu r ther enac ted Tha t t h e Commit tee of t h e | said |
society or company shal l and they are he reby requi red to cause t h e names and designat ions of t he several persons who now have or may a t any t ime hereaf ter be ent i t led to a share or shares in the said society or company wi th t h e n u m b e r s of such share or shares and also t he n u m b e r by which every share shall be d is t inguished to be clearly entered in to a book or books t o be k e p t by t h e Secretary for t h e t ime being of t h e said society or company for t h a t purpose and such book shall be s igned by t h e several persons ent i t led t o such share or shares and after such en t ry and s igna tu re a certificate u n d e r t he h a n d of t h e Secre tary shall be delivered to every propr ie to r of such share upon demand specifying the share or shares to wh ich he or she is ent i t led.
| 12. A n d be i t fur ther | enacted T h a t i t | shal l be lawful for t h e |
p ropr ie to r of any share or shares in t h e said society or company or his or he r assigns (wi th such consent as hereafter is ment ioned) to sell a n d t ransfer any such share or shares Provided always t h a t n o such propr ie tor shal l have power or be ent i t led to sell his or he r share or shares in t h e said society or company to any person or persons whatsoever un t i l t h e person or persons to w h o m such share or shares is or a re in tended to be sold shall have been proposed as a m e m b e r or members and approved a n d elected by bal lot in t h e same m a n n e r as persons a re ordinar i ly proposed balloted for and chosen member s of t he said society or company .
13 . P rov ided a lways a n d be i t fur ther enacted Tha t no member
shal l be ent i t led to vote a t any m e e t i n g as a propr ie tor in t h e said society or company in respect of any share or shares un t i l t he expira t ion of t h r e e calendar m o n t h s after he or she shall have been so elected as aforesaid.
| 14. A n d be i t fur ther enac ted Tha t upon t h e dea th of any t rus tee or t ru s t ees of t h e said society or company a n election shal l t ake place a t t h e first general mee t ing of t h e society or company wh ich shall n e x t thereaf ter happen of one or more person or persons t o become t r u s t e e or t rus tees respectively in his or the i r room and stead. |
| 15. | A n d be i t fu r ther | enacted T h a t t h e present Pres iden t | Vice- |
| Pres iden t Commi t t ee | Cha i rman | Secretary a n d Treasure r | shall | hold |
| and fill t he i r respect ive | s i tuat ions | u n t i l | t h e | first | genera l | mee t ing of |
| t h e said society or company to be he ld on the first day of | J a n u a r y |
| one | thousand | e ight | h u n d r e d | and | thir ty-f ive | or wi th in | t h i r t y | days |
thereafter .
| 16. | A n d be it fu r ther | enac ted | Tha t a t a genera l m e e t i n g which |
| shall be he ld on the | first | day of J a n u a r y in every year or wi th in | t h i r t y |
days thereaf te r t he r e shall be a n election of Pres iden t Vice-Pres ident Secretary and Treasure r and also a n election of t en propr ie tors who thencefor th shall be a Commit tee for t h e m a n a g e m e n t of t h e affairs of t h e said society or company for one year next ensu ing such election
unless
unless t h e y or any of t h e m shall die res ign or cease to be a propr ie tor or propr ie tors of t he said society or company A n d when and so often as any of t he said officers or one-third of t he members of such com mi t t ee shall in t he course of the year of the i r election h a p p e n to die resign or become disqualified to act as such officer or officers or as m e m b e r s of such commi t tee a special general mee t ing of t he said society or company shall be convened by t h e Secre tary for t h e purpose of e lect ing a m e m b e r or m e m b e r s to fill such vacancy or vacancies and to exercise t he said office or offices for such t ime and t imes and wi th t h e l ike power and author i t ies as t h e person so dying hav ing res igned or become disqualified would have done respectively if no such vacancy had occurred.
| 17. | A n d be i t fu r ther enacted | Tha t | t he commit tee for t he | t ime |
being shal l have full power and au thor i ty to issue lay out and dispose of all sums of money which shall be requis i te for ca r ry ing in to effect the purposes of th is A c t subject however to such orders by-laws ru les and regula t ions as shall a t any t ime be duly established and made at any genera l mee t ing of t h e said society or company .
| 18. A n d be it fur ther enacted T h a t | i t shall a n d may be lawful |
for t h e said commit tee for t he t i m e be ing and they are hereby au tho rized and empowered from t ime to t ime to n o m i n a t e and appoin t one or more banker or banke r s a n d also a Secretary L ibra r ian and one or more receiver or receivers collector or collectors of all and s ingular t he s u m and sums of money to become due a n d payable to t he said society or company under a n d by v i r tue of all or any of t he present or any fu ture rules and regula t ions of t he said society or company and also from t ime to t ime to al ter and change such b a n k e r or bankers and to discharge and dismiss or suspend any such Secretary L ibra r ian receivers or collectors or o ther officers or servants a n d to appoint o thers in the i r stead as the re shall be occasion subject however to t h e approbat ion of a genera l mee t ing of the said society or company.
| 19. A n d be it fur ther enacted Tha t t h e said commit tee or | any |
ten member s of t h e said society shall and may at any t ime or t imes and for such purpose or purposes as they may th ink proper call a special genera l mee t ing or special general meet ings of t h e said society
| or c o m p a n y of | which notice shall be given by adver t i sement in one or |
| more of t h e publ ic papers publ ished in Sydney at least fourteen | days |
| before t he cal l ing of such | meet ing . |
20. A n d be it fur ther enacted That t he commit tee of t h e said
society or company shall and they are hereby expressly requi red
| to p resen t to the propr ie tors of t he said society or company a t t he | general m e e t i n g to be held on the | first | day of J a n u a r y or wi th in | t h i r t y |
| days thereaf te r | in every year a s t a tement in wr i t i ng of t h e debts |
credits and effects of t he said society or company.
2 1 . A n d be i t fu r ther enacted Tha t t he orders and proceedings
of every such genera l mee t ing and special general mee t ing shall be en te red by t h e Secretary of t he said society or company or by such other person as shall a t t end in his s tead in a book or books to be kept for t h a t purpose and such orders so entered and signed by t h e chair m a n of t he said commi t tee or in his absence by such member of t he said society or company who shall be in t he chair a t each respective mee t ing shall be deemed and taken to be au then t ica ted orders and proceedings of t he said society or company.