| P r ivy Seal whereby the several persons n a m e d in t h e said char te r toge ther wi th so m a n y o ther person or persons as had a l ready become or at any t ime or t imes thereaf ter should or m i g h t in t h e m a n n e r | provided |
No. XIV.
An Act for render ing a Notarial Copy of an Ex emplification of the Charter of " The Bank of Australas ia" Evidence in all Courts of Law Equi ty Admiral ty and Vice Admiral ty and in all Courts of Inferior Jurisdict ion in the Colony of New South Wales. [14M Decem-
ber, 1841.]
| WH E R E A S | at W e s t m i n s t e r t he twenty-f irs t day of | M a y in | t h e | fifth | year |
| a Roya l Char te r issued u n d e r the Sign M a n u a l | tested |
| of t he re ign of | H i s | la te Majesty | K i n g Wi l l i am the Four th unde r | t he |
provided in a cer ta in deed of se t t lement bea r ing date t he second day of J u n e t h e n last pa s t and reci ted in t h e said char te r become a p ropr i e to r or propr ie tors of any share or shares of or in t h e capi ta l for the t i m e being of t h e society or copar tnersh ip were cons t i tu ted one body poli t ic
| a n d corpora te in n a m e and in deed by t h e n a m e of " T h e B a n k | of A u s t r a l |
| a s i a " | a n d were by t h a t n a m e empowered to sue and be sued implead | a n d |
| be impleaded in all Cour t s whe the r | of L a w or E q u i t y | and were | g r an t ed |
pe rpe tua l succession wi th a common seal which m i g h t by t h e m be al tered var ied or changed a t the i r p leasure and whereas i t was declared by such char te r t h a t t he said corpora t ion was establ ished for t he purpose of ca r ry ing on the bus iness of b a n k i n g in any such Br i t i sh Se t t lements
| as h a d t h e n been or m i g h t thereaf ter | be formed | in | any p a r t | of t he |
| Terr i tor ies commonly called | N e w | H o l l a n d | and | V a n | Diemen ' s | L a n d |
| a n d the I s l ands adjacent the re to s i tua te be tween t h e | one hund red | and |
| t e n t h and the one h u n d r e d a n d | fifty-fifth | degrees of longi tude Eas t of |
Greenwich a n d between t h e t e n t h and forty-fifth degrees of Sou th la t i tude or in any Dependencies on t he respect ive Governments thereof b u t subject never theless to t h e condi t ions res t r ic t ions regu la t ions
a n d provisions there inaf ter conta ined a n d whereas by the said char te r i t was also provided t h a t t he said le t te rs pa t en t or t h e en ro lmen t thereof should be in and by all t h ings valid and effectual in t h e law according to t h e t r u e i n t e n t and m e a n i n g of t he same and should be recognised as valid and effectual by all Cour t s a n d -Judges in E n g l a n d a n d by t h e respective Governors for t h e t i m e being of t he several Colonies or Se t t lements of New Sou th W a l e s a n d V a n Diemen ' s L a n d and of t h e o ther Colonies or Se t t l ements in Aus t ra las ia and by all other officers persons and bodies pol i t ic or corpora te w h o m it did should or
| m i g h t concern and whereas t h e Governors for t h e | t ime | being | of | t h e |
several Colonies and Se t t lements in t h e said cha r t e r ment ioned were respectively enjoined to give full force and effect to t h e said char te r and to be in all t h ings a id ing and ass is t ing to t h e said Corpora t ion a n d
| the i r | successors and whereas a b r a n c h es tabl i shment | of t he said B a n k | of |
| Aus t ra las ia was formed a t | Sydney in t h e Colony of New Sou th | W a l e s |
in or abou t t h e m o n t h of December one t housand eight h u n d r e d and thirty-five and a copy of an exemplif icat ion of t h e said cha r t e r was shor t ly af terwards enrolled in t h e Sup reme Cour t of t h e said Colony and whereas by a n Act of t h e Governor of N e w South Wales w i t h t h e advice of t he Legis la t ive Counci l thereof passed in t h e fourth year of the re ign of H e r present Majesty Queen Victor ia in t i tu led " An Act
| " to provide for the periodical | publication | of the Liabilities | and Assets |
| " of Banks in New South Wales and its Dependencies | and the regis- |
" tration of the names of the Proprietors thereof" provision is made for t he regis t ra t ion of a copy of t he char te r or deed of copar tnersh ip of every b a n k i n g company or firm engaged in b a n k i n g business in t h e Colony of N e w South W a l e s or i ts Dependencies in t he office of t he Reg i s t r a r of t he Supreme Cour t of t h e said Colony and by t h e s ix th section of t h e said Act it is provided t h a t as often as any new char te r of any such b a n k i n g company or firm m a y issue a copy thereof shal l be regis tered in t h e said Sup reme Cour t and whereas b r a n c h
| es tab l i shments of | t h e said B a n k of Aus t ra las ia have also been | formed |
| a t Me lbourne B a t h u r s t | and Ma i t l and in t h e said Colony of New | South |
| W a l e s a n d t h e business of t h e said corpora t ion | is now conducted |
| a n d carr ied on a t t h e four places hereinbefore respectively named | and |
| whereas un t i l la tely the re was in t he Colony of N e w South Wales | b u t |
one Supreme Cour t for t he t r ia l of causes and t h e genera l adminis t ra t ion of jus t ice which was usua l ly holden at Sydney aforesaid and whereas t he r e have recent ly been established a Supreme Cour t a t Me lbou rne
| aforesaid and Circui t | Cour t s for cer ta in dis tr icts of t he said Colony |
| and whereas t h e said B a n k of Aus t ra la s i a | have in t he Colony of | N e w |
South
South W a l e s bu t one exemplif icat ion of the said char te r which was sufficient before the es tabl ishment of the said Supreme Court at Me lbourne aforesaid and the ins t i tu t ion of such Circui t Cour ts in the distr icts aforesaid and whereas the said exemplif icat ion migh t be lost or evidence of i ts contents migh t be required in two or more places wi th in t h e said Colony at t h e same t ime and i t is expedient to provide against the publ ic and private de t r iment which migh t occur ei ther from the loss o f the said exemplif icat ion or the impract icabi l i ty of affording evidence of the said char te r by the production of an exemplif icat ion the reof on occasions on which the production of the same m i g h t be required B e i t therefore enacted by His E x c e l l e n c y the Governor o f New South Wales with the advice of t h e Legis la t ive Counci l the reof T h a t a copy o f an exemplif icat ion of the said char ter
of incorporat ion of the said B a n k of Aus t ra las ia or o f any new
cha r t e r which m a y have issued or which may hereafter issue; re la t ing to or affecting the corporat ion o f the said bank certified by a notary publ ic under his hand and sealed with his seal of office to be a true copy shall be received as legal evidence of t h e contents o f any such char ter as is hereinbefore ment ioned or referred to respect ively and b e recognised as valid in all Cour ts o f L a w E q u i t y Admira l ty and
| V i c e Admira l ty and in al l Courts | o f inferior jur i sd ic t ion | in the | said |
| Colony of New Sou th W a l e s and by al l J u d g e s J u s t i c e s and others | in |
| such Courts respectively. |
2. Provided always and be it enacted T h a t no th ing in this A c t contained shall be construed or taken to affect or apply to any r ight t i t l e privi lege immuni ty or interest of H e r Majes ty H e r He i r s and Successors or o f any body or bodies pol i t ic or corporate or o f any person or persons other t han such as are ment ioned or referred to here in or o f those c la iming by or under her h im or them.
| 3. A n d be it enacted T h a t th is A c t shall commence and | t a k e |
| effect from and after the passing and publ icat ion the reof in the | New |
| South | W a l e s | Government | Gazette. |
1. A n d be it enacted Tha t when and so soon as th is A c t shall have been published as aforesaid the same shal l be deemed and taken to be a P u b l i c A c t and shall be jud ic ia l ly t aken not ice o f as such by the J u d g e s of the Supreme Court o f New Sou th W a l e s and by all o ther J u d g e s J u s t i c e s and others within the Colony of New South W a l e s and its Dependencies wi thout being specially pleaded.