Bank of Australia Act 1833 No boa (NSW)
ANNO QUARTO
GULIELMI IV. REGIS.
An Act to enable the Proprietors of a certain 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 " T h e Bank of Australia" to sue and be sued in the name of the Chairman of the said Bank or Company for the time being and for other purposes therein mentioned. [28th August, 1833.]
| or firm of " T h e Bank of Australia" as well for the purposes of WH E R E A S several persons have formed themselves into a company or society established at Sydney under the name style | discount and issuing of notes and bills and lending moneys on securities |
| and cash accounts for the receiving moneys on deposit accounts for the safe custody of moneys and securities for moneys for the general public accommodation and benefit as also for transacting and negotiating all such other matters and things as are usually done and performed relating to or connected with the ordinary business of banking And whereas the said bank is now being carried on in Sydney and is under the care management and superintendence of eleven Directors one of whom is Chairman of the said bank And whereas difficulties may arise in recovering debts due to the said bank or com pany 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 bank And whereas it would be convenient and just that persons having demands against the said bank 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 New South Wales with the advice of the Legislative Council That from and after the passing of this Act all actions and suits and all proceedings at law or in equity to be commenced insti tuted and prosecuted or carried on by or on behalf of the said bank or wherein the said bank 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 bank 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 said hank at the time any such action suit or proceeding shall be commenced or insti tuted as the nominal plaintiff complainant or petitioner for and on behalf of the said bank and that all actions suits or proceedings afore said to be commenced instituted or prosecuted against the said bank |
B shall shall be commenced instituted and prosecuted against the Chairman for the time being of the said bank as the nominal defendant for and on behalf of the said bank and that all prosecutions to be brought instituted or carried on by or on behalf of the said bank for fraud upon or against the bank or for embezzlement robbery or stealing the bills notes bonds moneys goods chattels effects or property of the said bank or for any other offence against the said bank shall or may be so brought or instituted and carried on in the name of such Chairman for the time being of the said bank and in all indictments and informations it shall be lawful to state the property of the said bank to be the property of such Chairman for the time being of the said bank and any offence committed with intent to injure or defraud the said bank 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 said bank and any offender or offenders may thereupon be lawfully convicted of any such offence and in all other allegations or indictments informations or other proceedings it shall and may be lawful and sufficient from and after the passing of this Act to state the name of such Chairman 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 prosecuted and carried on in the name of any person who may be or become Chairman of the said bank for the time being.
2. And be it further enacted That a memorial of the name of the Chairman of the said bank in the form or to the effect for that purpose set forth in the Schedule hereunto annexed signed by the said Chairman and by a majority of the Directors of the said bank shall be recorded upon oath in the Supreme Court of New South Wales within thirty days after the passing of this Act and when and as often as any Director of the said bank shall be newly 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- mentioned memorial signed by such newly elected Chairman and a majority of the persons who shall be Directors of the said bank at the time of the election of such new Chairman shall in like manner be recorded upon oath in the said Supreme Court within thirty days next after such Chairman shall be elected.
3. Provided always and be it further 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 bank in the name of the Chairman of the said bank as aforesaid under the authority of this Act.
4 . Provided always and be it further enacted That the Chair
man being the plaintiff complainant petitioner or defendant in any such action suit petition or other proceeding as aforesaid on behalf of the said bank shall not prevent or affect the competency of any such Chairman so as to prevent him from being a witness in such action suit petition or other proceeding in the same manner as he might have been if his name had not been made use of as such plaintiff complainant petitioner or defendant in any such action suit petition or other proceeding.
5. Provided always and be it further enacted That execution upon any decree or judgment in any such action suit petition or other proceeding obtained against the Chairman for the time being of the said bank whether he be plaintiff or defendant therein may be issued against and levied upon the goods and chattels lands and tenements of any member or members whomsoever of the said bank for the time being in like manner and not otherwise than as if such decree or
judgment
judgment had been obtained against such member or members per sonally 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 bank all such damages dues expenses costs and charges as by the event of any such proceedings such Chairman or member or members shall or may be put unto or become chargeable with and all such remedies shall be allowed as between the several members of the said bank for the time being as if this Act had not been passed.
6. And be it further enacted That the provisions in this Act contained shall extend and be construed deemed and taken to extend to the said bank at all times during the continuance of the same whether the said bank be now or hereafter composed of some 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 members of the same.
7. Provided always and be it further enacted That nothing herein contained shall extend or be deemed taken or construed to extend to incorporate the members or proprietors of the said bank or to relieve or discharge them or any of them from any responsi bility 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 bank and others or between the individual members of the said bank 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 Act and the true intent and meaning of the same.
8. And be it further enacted That all bonds 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 of the said bank for and on account of the said bank shall and may be put in suit and be sued prosecuted upon at law or in equity in the name of the Chairman in whose name the same may have been taken or in the name of any person who shall or may succeed to that office and be the Chairman of the said bank at the time such proceeding or pro
| succeeding Chairman be not inserted in such bond mortgage warrant | ceedings shall be instituted notwithstanding the name of any such |
| of attorney or other such security as an obligee mortgagee assignee or payee of the sum or sums of money therein mentioned and the death resignation removal or other act of any such Chairman of the said bank for the time being in whose name any such bond mortgage warrant of attorney or other security as aforesaid shall be so put in suit shall not abate any action suit or other proceeding had thereon 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 said bank for the time being and the legal estate in all lands and tenements belonging or mortgaged to the said bank for and all legal rights and capacities in respect of the said bank shall become vested in such new Chairman as aforesaid to all intents and purposes immediately upon the recording of the memorial of the name of such 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 said bank shall take place and such new memorial thereof shall be enrolled as aforesaid. |
9. And be it further enacted That in any action to be brought by any Chairman of the said bank by virtue of this Act 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 memo rials 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 have been recorded then a nonsuit shall be entered in such action.
10. Provided always and be it further enacted That nothing in this Act contained shall be deemed to affect or apply to any right title or interest of His Majesty his Heirs and Successors or of any body or bodies politic or corporate or of any other person or persons excepting such as are mentioned therein or of those claiming by or under him or them.
11. And be it further enacted That this Act 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 in the New South Wales Government Gazette.12. And be it further enacted That when and as soon as this Act shall have received the Royal approbation and the notification of such approbation shall have been made as aforesaid by His Excellency the Governor in the New South Wales Government Gazette this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded.
SCHEDULE REFERRED TO.
MEMORIAL of the name of the Chairman of " The Bank of Australia" to be recorded in
the Supreme Court of New South Wales pursuant to an Act of the Governor and Council passed in the fourth year of the reign of His Majesty King William the Fourth intituled
An Act to enable the Proprietors of a certain 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 Chairman of the " said Bank or Company for the time being and for other purposes therein mentioned."
A. B. Chairman.
C. D. N. O. E . F. P. Q.
G. H. Directors R. S.
L. K. T. U. L. M. V. W.
X. Y. of Sydney gentleman of the above-named
bank 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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