Banking and other Companies Act 1842 No 9a (NSW)

No. II.

An Act for further facilitating proceedings by and against all Banking and other Companies in the Colony enti t led to sue and be sued in the name of their Chairman Secretary or

other Officer. [7 th July, 1842.1

Colony are respectively enabled to sue and be sued in t h e n a m e of t he i r	W' H E R E A S South W a l e s divers B a n k i n g and other Companies in t he said
C h a i r m a n Secretary or some other officer for t h a t purpose pa r t i cu la r ly
n a m e d b u t in such Acts no provis ion is m a d e to compel t h e said Com­
panies to fill u p w i th in a reasonable t ime any vacancy which m a y be caused by t h e dea th resignat ion or removal of such officer as aforesaid and i t is expedient t ha t such vacancy should be filled u p wi th as l i t t le delay as possible in order to facili tate all subsequen t proceedings agains t any of t h e said Companies Be i t therefore enacted by H i s
Excel lency t h e Governor of N e w South W a l e s wi th t h e advice of t h e
Legislat ive Counci l thereof Tha t from and after t he pass ing of t h i s Ac t all B a n k i n g Trad ing and other Companies in t h e said Colony which are now or hereafter m a y be by any Ac t of t he said Governor and Counci l empowered to sue or be liable to be sued in t he n a m e of t he i r C h a i r m a n Secretary Treasurer M a n a g i n g Direc tor or in t h e n a m e of
any other person or officer for t h a t purpose pa r t i cu la r ly named shal l
u p o n t h e dea th res ignat ion removal or r e t i r ement of any such Chair­
m a n Secretary Treasurer M a n a g i n g Di rec tor or such other person or officer as aforesaid proceed wi th as l i t t le delay as possible t o elect some o ther person in h i s stead and unless such election shall t a k e place w i th in one calendar m o n t h from t h e date of such dea th res ignat ion or removal t h e n all t h e privi leges of t he said Company whose officer as aforesaid shal l so have died resigned re t i red or been removed as afore­ said conferred upon t h e m by any A c t of t h e said Governor a n d Counci l shall u t t e r ly cease and de te rmine a n d thencefor th i t shall and m a y be lawful for any person or persons to commence and sus ta in an act ion agains t any individual shareholder or agains t any n u m b e r of share­ holders in or be longing to any of t h e said Companies so losing i ts privi leges as aforesaid.

by cer ta in Ac t s of t h e Governor a n d Counci l of N e w

No. I I I .