No. IV.
An Act to enable the Proprietors of the Banking Establishment or Company carried on in the Town of Sydney in the Colony of New South Wales under the name style and firm of the Bank of Australia to sue and be sued in the name of the Managing Director of the said Bank for the t ime-being and for other purposes
| therein mentioned. | [3rd May, 1827.] |
| WH E R E A S a Company or Society was some t ime since formed at Sydney in t h e Colony of New Sou th Wales to establish a B a n k | as well for t he purpose of discount and issuing of notes and bills and |
| lend ing monies on securities and cash accounts for t h e receiving monies on deposit accounts for t h e safe custody of monies and securities for monies as also for t r ansac t ing and negot ia t ing all o ther m a t t e r s and |
| t h i n g s | connected wi th | t h e usua l and | ordinary | business of | b a n k i n g | |
| A n d whereas t h e said B a n k ba th been established and is now be ing carr ied on in Sydney unde r t he n a m e style and firm of The B a n k of Aus t ra l i a and t h e Company carrying on t h e same consists of upwards of one h u n d r e d different Proprie tors or Shareholders some of w h o m reside wi th in t h e Colony of New Sou th Wales and o thers of w h o m reside wi th in t h e K i n g d o m of Great Br i t a in and elsewhere A n d whereas t h e said B a n k is unde r t he managemen t and cont roul of eleven Direc tors chosen and to be chosen from t ime to t ime from t h e body of t h e Propr ie tors one of which said eleven Direc tors m u s t reside in t h e house where t h e business of t h e said B a n k is carried on and |
| who | h a s | t h e | m a n a g e m e n t and super in tendence | of the daily | t ransac t ions | |
| of the; said B a n k | A n d whereas difficulties may arise in recovering | |
| debts due to t h e said Company or Society and in ma in ta in ing act ions or proceedings for damages done to the i r p roper ty and also in prose cu t ing persons who m a y steal or embezzle t h e bills notes bonds mor t gages monies goods chat te l s or effects of t he said Bank and i t would be also convenient and j u s t t h a t persons hav ing demands agains t t h e said Company or Society should be ent i t led to sue some member thereof in t he place and stead of t h e whole b u t as these purposes canno t be effected wi thou t t he aid and au tho r i t y of t h e Legislatui*e Be it therefore enacted by H i s Excel lency t h e Governor of N e w Sou th W a l e s wi th t h e advice of t h e Legislat ive Council t h a t all act ions and |
| sui ts agains t any person or persons indebted to t h e said B a n k | whe the r | |
a M e m b e r or Member s thereof or otherwise and ail o ther proceedings a t law or in equi ty to be ins t i tu ted and prosecuted by or on behalf of t he said B a n k or wherein t he said B a n k is or shall be in any way concerned agains t any person or persons body or bodies poli t ic or cor pora te shall and may be lawfully ins t i tu ted and prosecuted in tin; n a m e of t he person who shall be t he M a n a g i n g Direc tor of t he said B a n k at t h e t ime any such act ion suit or o ther proceeding shall be inst i t u t e d as t h e nomina l plaintiff compla inant or pet i t ioner for and on behalf of t h e said B a n k A n d t h a t all act ions sui ts and other proceed ings a t law or in equi ty to be commenced ins t i tu ted and prosecuted or carr ied on against t he said Bank shall be ins t i tu ted and prosecuted aga ins t t he M a n a g i n g Director for t he t ime-being of t h e said B a n k as
| t h e nomina l defendant for and on behalf of t h e | said B a n k | A n d | t h a t |
all prosecut ions to be ins t i tu ted or carried on by or on behalf of t h e said B a n k for fraud upon or agains t t h e said B a n k or for embezzlement robbery or s teal ing bills notes bonds monies goods chat te ls or effects of t h e said B a n k or for any other offence against t he said B a n k shall and lawfully may be so ins t i tu ted *[and on] in t he n a m e of such M a n a g i n g Direc tor for t he t ime-being of t h e said B a n k A n d in
| all informat ions | or ind ic tments it shall be lawful to s ta te t he p roper ty |
of t h e said B a n k to be t he p roper ty of such M a n a g i n g Direc tor of t h e said B a n k for t h e t ime-being and others his pa r tne r s of and in t h e said B a n k and any offence commit ted wi th in t en t to injure or defraud t h e said B a n k shall and lawfully m a y in such prosecut ions or proceed ings be s tated or laid to have been commit ted wi th i n t en t to injure or defraud such M a n a g i n g Direc tor of the said B a n k for t he t ime-be ing
| and o thers h is pa r tne r s of and in t h e said B a n k | and any offender | or |
| offenders m a y the r eupon be lawfully convicted of any such | offence |
and in all informat ions ind ic tments a l legat ions or o ther proceedings it shall and m a y be lawful and sufficient from and after t he pass ing of th i s A c t to s ta te t he n a m e of such M a n a g i n g Direc tor of t he said B a n k for t h e t ime-being and the dea th res ignat ion removal or o ther act of such M a n a g i n g Direc tor 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 h e same may be cont inued where it left off and be prosecuted a n d carr ied on in t h e n a m e of any person who m a y be
| or become t h e M a n a g i n g | Direc tor | of t h e said B a n k | for t h e t ime-being. |
| 2. A n d be it fur ther enacted Tha t | a Memor ia l of t he names of |
| t he M a n a g i n g Direc tor and Directors of t h e | said B a n k in t h e form | or |
| to t he effect | for t ha t purpose set forth in t h e Schedule h e r e u n t o |
| annexed signed by t h e said M a n a g i n g Direc tor and by t h e several |
Directors of t he said B a n k shall be recorded upon t h e oath of one or more credible witness or witnesses in t h e Supreme Cour t of N e w South W a l e s wi th in twenty-e igh t days after t he pass ing of th i s A c t anil when any M e m b e r or Propr ie to r of t he said B a n k shal l be newly elected a Director of t h e said B a n k or any Director be elected M a n a g i n g Di rec tor thereof his or the i r n a m e or names shall be recorded in t h e said Supreme Court in l ike m a n n e r wi th in twenty-e igh t days t h e n
| 3 . Provided always and be i t fur ther | enacted T h a t un t i l such |
| Memoria l as hereinbefore | ment ioned be recorded in | m a n n e r | here in |
| directed no act ion sui t or o ther proceeding shall be b rough t by | t h e |
| said B a n k in t he n a m e of t he M a n a g i n g | Director | as aforesaid | unde r |
| t he | au tho r i t y | of th i s | Act . |
| 4. | Provided always and be it fur ther enacted Tha t t h e | M a n a g |
ing Direc tor for t h e t ime-being be ing t he plaintiff compla inan t pet i t ioner or defendant in any such act ion suit pe t i t ion or other proceeding as aforesaid on behalf of t he said B a n k shal l no t prevent
| or affect | t he competency of any such M a n a g i n g Direc tor be ing a |
witness
* Sic— Quer," " by and ".
witness in any such act ion suit pe t i t ion or other proceeding in the same m a n n e r as he m i g h t have been if his n a m e had no t been made use of as such plaintiff compla inan t pet i t ioner or defendant in any such ac t ion suit pet i t ion or other proceeding.
5. Provided always and be it fur ther enacted T h a 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 other proceeding obtained against t he M a n a g i n g Direc tor for t h e t ime- being of t h e said B a n k whether he be plaintiff or defendant there in may be issued agains t and levied upon the goods and chat te ls lands and tenements of any M e m b e r or Members whomsoever of t h e said B a n k for t he t ime-being in l ike m a n n e r and not otherwise t h a n as if
| such decree or j u d g m e n t had been obtained | agains t | h i m | her or t h e m |
| personal ly | Provided | always t h a t | every | such | M a n a g i n g | Direc tor in |
whose n a m e any such act ion suit pe t i t ion or o ther proceeding shall be commenced prosecuted carried on or defended and every such Member or Member s agains t whose goods and chat te ls lands and t enement s execut ion upon any j u d g m e n t or decree shall be issued or levied as aforesaid shall a lways be re imbursed and paid out of the funds of t h e said B a n k all such damages dues expenses costs and charges as by t he event of any such proceeding he she or they shall or m a y be p u t in to or become chargeable wi th and res t i tu t ion shall be allowed as between the several par t ies as if th is A c t had not been passed.
| 6 | A n d be i t fur ther | enacted Tha t t he provisions in th i s Ac t |
contained shall extend and be construed deemed and t aken to extend to t h e said B a n k of Aus t ra l i a a t all t imes du r ing the cont inuance of t h e same whe ther t h e said B a n k be now or be hereafter composed of all or some of t h e persons who were t he original Members or Propr ie tors thereof or be composed a l together of persons who were not the original Member s or Propr ie tors of t h e same.
7. Provided always and be it fur ther enacted Tha t no th in g herein
conta ined shal l ex tend or be deemed t aken or const rued to extend to incorporate t h e Members or Propr ie tors of t h e said B a n k or to relieve or d ischarge t h e m or any of t h e m for any responsibi l i ty duties con t rac t s or obligations whatsoever which by law they now are or a t any t ime hereafter shall be subject or l iable to e i ther betw reen the said B a n k or others or between the individual Member s of t h e said B a n k 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 so 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 and mean ing of t he | same. |
| 8. A n d be i t fur ther | enacted Tha t all bonds mor tgages Avar- |
| r a n t s of a t torney and o ther securit ies not be ing of a t ransferable |
n a t u r e which shal l or may a t any t ime hereafter be t aken in t he n a m e of any person as the M a n a g i n g Director of t he said B a n k for and on account of t h e said B a n k shall and may be p u t in suit and be sued and prosecuted upon at law or in equi ty ei ther in t h e n a m e of t he M a n a g i n g Direc tor in whose; n a m e t h e same m a y have been t a k e n or
| in t h e n a m e of any o ther person who shall or m a y | succeed to | t h a t |
| office and be t he M a n a g i n g | Director of t he said B a n k a t t h e t ime | any |
such proceedings shall or may be ins t i tu ted no twi ths tand ing t h e n a m e of any such succeeding M a n a g i n g Direc tor be not inser ted in such bond mor tgage w a r r a n t of a t to rney or o ther securi ty as an obligee assignee or payee of t h e s u m or sums of money ment ioned there in and t h e dea th res ignat ion removal or other act of any such M a n a g i n g Direc tor of t h e said B a n k for t he t ime-being in whose n a m e any such bond mor tgage w a r r a n t of a t to rney or o ther securi ty as aforesaid shall be so p u t in suit shall no t abate any act ion suit or o ther proceeding had the reon b u t t he same m a y be cont inued where i t left off and be prosecuted and carr ied on in t he n a m e of any person who m a y succeed to t h a t office or be or become t h e M a n a g i n g Director
of
| of | t h e | said B a n k for t h e t ime-being a n d t h e legal estate in | al l | l ands |
a n d t enemen t s be longing or mor tgaged to t he said B a n k for and all legal r igh t s and capacit ies in respect of t h e said B a n k shal l become vested in such new M a n a g i n g Direc tor as aforesaid to al l i n t en t s a n d purposes immedia te ly upon the del ivering t h e aforesaid Memor ia l to
| MEMORIAL | of | t h e N a m e | of | the | M a n a g i n g Direc tor and Direc tors of | the B a n k | of | A u s t r a l i a |
| to be recorded in t h e S u p r e m e Court | of | N e w S o u t h W a l e s | i n | pursuance of an A c t of |
| the | Govcrnor- in-Chief | of t h e | Terr i tory | of N e w | South | W a l e s | and i t s D e p e n d e n c i e s | w i t h |
| the advice | of t h e L e g i s l a t i v e Counc i l | passed | i n | the | e i g h t h | year | of the re ign | of | H i s |
| Majes ty | K i n g | George | t h e | F o u r t h | i n t i t u l e d | "An | Act | to | enable | the | Proprietors | of | the |
| " Banking | Establishment | or Company carried | on in the Town of Sydney in the | Colony |
| " of New South Wales under | the name style and firm of the Bank of Australia | to sue |
| " and be sued in the name of the Managing | Director | of the said Bank for the time- |
| " being and for other purposes | therein | mentioned." |
| Name. | Residence. | When elected. | To what office. |
| A . | B . | ................. | ................. |
| ................. | ................. |
Director .
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| W . | X . | ................. | D i t t o . |
| ( S i g n e d ) | A . | B . |
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| E . | F . |
| G. | I I . |
| I . | K . |
| L . | M. |
| N . | 0 . |
| P. | Q. |
R. S.
| Y. | Z. | of G e n t l e m a n ( A c c o u n t a n t or Clerk in the said B a n k ) |
| make th O a t h | and sa i th that h e was present and did see the foregoing Memoria l s igned b y |
| the respect ive part ies whose n a m e s appear | thereto . |