Bathurst Bank Act 1839 No bba (NSW)

An Act to enable the Proprietors of a certain Banking Company carried on in the Town of Bathurst in the Colony of New South Wales under the name style and firm of " The

Bathurst Bank" to sue and be sued in the

name of the President of the said Company

for the time being' and for other purposes

therein mentioned, [19th November, 1839.]

style or firm of " T h e Bathurst Bank" as well for the purpose of

WH E R E A S several persons have formed themselves into a: company or society established at Bathurst under the name;

discounting and issuing of promissory notes and bills of exchange and lending moneys on securities and cash accounts as also for receiving moneys on deposit accounts and for the safe custody of moneys and securities for moneys for the general public accommodation and benefit and also for transacting and negotiating all such other matters and things as are usually done and performed in relation to or connection with the ordinary business of banking A n d whereas the said bank is now being carried on in Bathurst and is under the care management and superintendence of seven directors one of whom is President of the said bank A n d whereas difficulties may arise in recovering debts due to the said banking company and in maintaining actions or pro­ ceedings 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 A n d 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 A n d whereas it is also deemed expedient and necessary that the names residences and descriptions of all the members of the said company should be recorded for public informa­ tion but as these purposes cannot be effected without the aid and authority of the Legislature Be it therefore enacted by His Excel- - leney the Governor of N e w South Wales with the advice of the Legislative Council thereof That from and after the passing of this A c t all actions and suits and all proceedings at law or in equity to be commenced instituted 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 con­ cerned against any person or persons body or bodies politic or corporate; 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 President of the said bank at

at the time any such action suit or proceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioner for and on behalf of the said bank and that all actions suits or proceedings aforesaid to be commenced instituted or prosecuted against the said bank shall be commenced instituted and prosecuted against the President 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 Presi- dent 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 President 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 President 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 pro­ ceedings it shall and may be lawful and sufficient from and after the passing of this A c t to state the name of such President and the death resignation or removal or other act of such President 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 President of the said bank for the time being.

2. A n d be it enacted That a memorial of the name of the

President 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 Presi-

dent and by a majority of the directors of the said bank shall be recorded upon oath in the Supreme Court of N e w 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 President thereof a memorial of the name of such newly elected President in the same form or to the same effect as the above-mentioned memorial signed by

such newly elected President and a majority of the persons who shall
be directors of the said bank at the time of the election of such new President shall in like manner be recorded upon oath in the said Supreme Court within thirty days next after such President shall be

elected.

3. Provided always and be it 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 President of the said bank as aforesaid under the authority of this A c t .

4. Provided always and be it enacted That the President 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 President so as to prevent him from being a witness in any 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 com­ plainant petitioner or defendant in any such action suit petition or other proceeding.

5. A n d be it enacted That it shall be lawful for the said company to lend and advance money at interest to any person or persons upon the security of real or chattel estates by mortgage or otherwise.

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6. A n d be it enacted That upon payment of the money so agreed to be lent and advanced on mortgage all the estate right title interest use trust property claim and demand in law or in equity of the party or parties or person or persons respectively to whom or to whose use the same shall be paid of in to or out of any messuages lands tenements and hereditaments so agreed to be mortgaged shall according to such terms as may be agreed upon vest in the directors

of the said company for the time being and their respective successors

for effecting the uses and purposes of this A c t .

7. A n d be it enacted That all agreements conveyances leases releases assignments surrenders covenants receipts for money and other documents to be made given or granted by the said company relating to any lands tenements or hereditaments which may be or become vested in the said company or in the President thereof shall be made and executed by such President for the time being of the said com­ pany and the same shall be binding upon tin; said company and the capital stock thereof and pass the estate of the said company or the President and directors thereof in whom such estate may have been vested as effectually as if the same instrument or instruments had been made and executed by the person or persons in whom the estate in the premises had been originally vested for the said company.

8. A n d be it enacted That the moneys arising from the sale of

such mortgaged lands tenements and hereditaments shall be applied
and disposed of by the said directors for the purposes of the said
company.

9. Provided always and be it enacted That execution upon any decree or judgment in any such action suit petition or other proceeding obtained against the President for the time being of the said bank Avhether 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 had been obtained against such member or members personally Provided always That every such President 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

chargeable with and all such remedies shall be allowed as between the	President or member or members shall or may be put unto or become;
several members of the said bank for the time being as if this Ac t had not been passed.
10. A n d be it enacted That the provisions in this A c t contained shall extend and be construed deemed and taken to extend to the said bank at all times during the contimiance 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 now members of the same.
11. Provided always and be it 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 responsibility duties con­
tracts 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

L or

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 provi­

sions of this A c t and the true intent and meaning of the same.

12. A n d be it 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 President 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 President 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 President of the said bank at the

time such proceeding or proceedings shall be instituted notwithstand­ ing the name of any such succeeding President be not inserted in such bond mortgage warrant 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

President 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 President 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 all legal rights and capacities in
respect of the said bank shall become vested in such new President as aforesaid to all intents and purposes immediately upon the record­
ing of the memorial of the name of such new President in the said

Supreme Court and so on toties quoties whensoever any new appoint­ ment 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.
13. A n d be it enacted That in any action to be brought by any President of the said bank by virtue of this A c t the plaintiff therein shall not be nonsuited nor shall a verdict be given against the plaintiff

for want of proof of the record of such memorial or memorials as here­ inbefore 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.

14. A n d be it enacted That the President of the said bank shall

within fifteen days from the first day of January in each year cause a

true list of the names of all the then existing members of such com­
pany with their respective places of abode and description to be recorded
on oath in the office of the Registrar of the Supreme Court and that the same shall be open for inspection at all reasonable times by any person requiring the same on payment of a fee of one shilling and if any President of the said bank shall fail to cause such list to
be recorded in manner as aforesaid he shall be liable to a penalty of one hundred pounds to be recovered by action of debt in the said

Supreme Court by any person or persons suing for the same.

15. A n d be it enacted That every person whose name shall be

so recorded shall be considered a member of the said bank or company

and be liable to be sued as such until a new list of the members' names shall be recorded as aforesaid or until he shall have given notice

of his retirement in the New South Wales Government Gazette.

16. Provided always and be it enacted That nothing in this A c t contained shall be deemed to affect or apply to any right title or interest of Her Majesty H e r 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. 17.

17. A n d be it enacted That this A c t shall not commence or lake 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.

18. A n d be it enacted That when and as soon as this A c t 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 A c t shall be deemed and taken to be a public A c t and shall be judicially taken notice of as such by the Judges of the Supreme Court of N e w South Wales and its dependencies without being specially pleaded.

S C H E D U L E R E F E R R E D T O .

M E M O R I A L of the name of the President of " The Bathurst Bank " to be recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor and Council passed

in the third year of the reign of Her Majesty Queen Victoria intituled " An Act to enable

" the Proprietors of a certain Banking Company carried on in the Town of Bathurst in the " Colony of New South Wales under the name style and firm of The Bathurst Bank' In sue " and be sued in the name of the President of the said Company for the time being and for

" other purposes therein mentioned."

A. 15. President.

C. D. L. K.

E. F. Directors. L . M .

G.H ( N . 0.

P. Q. of Bathurst gentleman of

the above-named bank makoth oath and saith that he was present and did sec the foregoing

memorial signed by the above-named President and Directors respectively whose names

appear thereto.

Sworn this }

day of	18
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