Cataract and Nepean Bridges Act 1852 No cnb (NSW)

A N N O D E C I M O S E X T O

V I C T O R I A E REGINAE.

An Act to enable the Shareholders of a Company called the Cataract and Nepean Bridges Com­ pany to sue and be sued in the name of their Chairman for the time being and to limit the liability of the Shareholders in such Company to the amount of the Shares they respectively hold therein and to extend the period of time allowed for the completion of the said Bridges to the term of three years and for other purposes therein mentioned. [23rd November, 1852.]

fifteenth year of t h e re ign of Her Majesty Queen Victoria in t i tu led WH E R E A S by an A c t of the Governor of Now South Wales wi th t h e advice of t he Legislat ive Council thereof passed in t h e	" An Act to enable William Hilton Hovell of Goulburn in the County
" of Argyle Esquire to erect and maintain a Bridge over the Cataract
" River at a spot known as ' Broughton's Pass' and a Bridge over the
" Nepean at a spot known as 1 The Pheasant's Nest' on the line of Road
" leading from Sydney to Goulburn by way of Campbelltown and Appin " to Lupton's Inn and to take Toll thereat for a term of years and for " other purposes therein mentioned" power and au thor i ty was given to the said Wi l l i am Hi l t on Hovell his executors adminis t ra tors and assigns to erect bridges over t he said r ivers and to t ake toll therea t for a period of th i r ty years nex t after t he complet ion of such bridges and the t ime allowed for t he complet ion of such bridges was thereby l imited to t he period of t h ree years from t h e passing of the said Act
A n d whereas a considerable capital is necessary to mee t t h e expenses
t h a t m u s t be incur red in t he erection of such bridges A n d whereas a company has been formed for t he purpose of ra is ing such capital in shares and it is expedient t ha t such company should be enabled to sue and be sued in the n a m e of the i r Cha i rman for t he t ime be ing and t h a t t h e liability of t h e shareholders in such company should be l imited to the amoun t of the shares respectively held by t h e m there in and t h a t t h e period of t ime allowed for t h e complet ion of t he said br idges should be fur ther extended.
1. Be it therefore enacted Tha t from and after t he passing of th i s Ac t all act ions suits or proceedings to be commenced ins t i tu ted or prosecuted at law or in equi ty against t he said company shall be commenced ins t i tu ted or prosecuted against the Cha i rman for t he t ime being of the said company and t h a t all actions suits or proceed­ ings commenced ins t i tu ted or prosecuted by t h e said company shall be commenced ins t i tu ted or prosecuted against or by t he Cha i rman

2 G for

for t he t ime being of the said company as t he nomina l plaintiff or defendant as t he case m a y be for and on behalf of t h e said company a n d in all c r iminal prosecut ions to be ins t i tu ted or carr ied on by or on behalf of t he said company for fraud upon or against t he said company or for embezzlement robbery stealing or for any felony misdemeanor or o ther offence by which the said company or the i r p roper ty shall or m a y be affected i t shall be lawful and sufficient to s ta te t h e p roper ty of t h e said company to be t he p roper ty of such Cha i rman for t he t ime be ing of t h e said company and any offender or offenders may be there ­ upon lawfully convicted of any such offence and t h a t ne i ther t h e death res ignat ion suspension or removal of such Cha i rman shall abate or prejudice any such action suit or proceeding b u t t he same may be con­ t i nued in t h e same n a m e or in t h e n a m e of t he nex t or any succeeding Cha i rman for t h e t ime being of t he said company Provided never theless t h a t t h e body or goods lands or t enemen t s of such Cha i rman shall not by reason of his be ing the nomina l defendant in any such act ion suit or proceeding be liable to be arres ted seized or t a k e n in execution.

2. A n d be it enacted Tha t as soon as convenient ly may be after t he pass ing of th is Ac t and from t ime to t ime upon or as soon as con­ venient ly m a y be after t h e appo in tmen t of any new Cha i rman of t he said company a memor ia l in wr i t ing shall be recorded in the Supreme Cour t of N e w South Wales where in shall be set for th t he style and firm of t he said company and the chr is t ian and su rnames of t h e Chair­ m a n and of every director for t he t ime be ing of t he said company in t h e form or to the effect set forth in t he Schedule to th i s A c t annexed and t h a t every such memoria l shall be signed by t h e Cha i rman for the t ime being of t he said company and by a majori ty of t h e directors there in named and shall be verified by t h e oath of t he said Cha i rman (made before t h e Regis t ra r or some Commissioner of t h e said Cour t ) t h a t t h e same contains a t r u e account of t h e several par t icu la rs there in set forth to t he best of t h e knowledge and belief of t he deponent .

3 . A n d be i t enacted That un t i l t h e first of such memoria ls so

verified shal l be recorded as aforesaid no act ion suit or o ther proceeding a t law or in equi ty shall be commenced for or on behalf of or against t h e said company u n d e r t he provisions of th i s A c t and unless such memoria l shall be from t ime to t ime recorded as aforesaid wi th in t he space of n ine ty days after the appo in tmen t of any new Cha i rman as aforesaid no new act ion suit or other proceeding as aforesaid shall be commenced for or on behalf of t he said company un t i l the memoria l hereby required upon such appoin tments respectively shall be duly

recorded.

4. A n d be i t enacted Tha t if any execut ion ei ther a t law or in equi ty shall have been issued against t he p roper ty or effects of t h e said company and if t he re cannot be found sufficient whereon to levy such execution t hen such execut ion m a y be issued agains t any of t h e shareholders to the ex ten t of thei r shares respectively in t h e capi ta l of t h e company not t h e n paid u p Provided always t h a t no "such execu­ t ion shall issue against any shareholder except upon an order of t he Cour t in which the act ion suit or o ther proceeding shall have been b rough t or ins t i tu ted made upon mot ion in open Cour t after sufficient not ice in wr i t ing to t he persons sought to be charged and upon such mot ion such Cour t may order execut ion to issue accordingly to t he extent of t he shares not pa id u p and for t he purpose of ascer ta in ing the names of the shareholders and t h e a m o u n t of capital r emain ing to be paid upon the i r respective shares i t shall be lawful for any person ent i t led to any such execut ion at all reasonable t imes to inspect the register of shareholders wi thout charge and which regis ter of shares shall be t ru ly k e p t and be open to t he inspect ion of any creditor on wr i t t en reques t m a d e upon the Cha i rman of the said company.

5. A n d be it enacted Tha t the period of t ime l imited for the construct ion of t he said bridges shall be extended to t he period of t h r ee years to be computed from the t ime of passing th is Act and tha t t h e t e r m of th i r ty years by the said A c t granted to t he said Wi l l i am H i l t o n Hovel l his executors adminis t ra tors and assigns to t ake tol l a t such bridges shall be computed from t h e complet ion and opening

thereof.
G. Provided always and be i t enacted Tha t no th ing in this Ac t contained shall be deemed to affect or apply to any r igh t t i t le or in teres t of H e r Majesty H e r Hei rs and Successors or of any body or bodies polit ic or corporate or of any other person or persons except ing such as are ment ioned here in or of those claiming by or under h im her or t hem.
7. A n d be it enacted Tha t th is Act shall be deemed and t aken

as a publ ic A c t and shall be judicial ly t aken not ice of as such by all

J u d g e s Jus t ices and others wi thou t be ing specially pleaded.

S C H E D U L E R E F E R R E D TO.

MEMORIAL of the names of the Chairman and Directors for the time being of the Cataract and Nepean Bridges Company recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor and Council of New South Wales made and passed in the six­ teenth year of the reign of Her Majesty Queen Victoria inti tuled "An Act to enable " the Shareholders of a Company called the Cataract and Nepean Bridges Company to sue and " he sued in the name of their Chairman for the time being and to limit the liability of " the Shareholders in such Company to the amount of the Shares they respectively hold therein " and to extend the period of time allowed for the completion of the said Bridges to the term

" of three years and for other purposes herein mentioned."

A. B . Chairman.

C. F .

D.	Directors.	G.
E .	H .

On the day of in the year of our Lord one thousand eight

hundred and fifty- I A. ]5. Chairman of the above-named company being duly sworn make oath and say that I duly signed the said memorial and I believe the signatures of the above-named directors to be in their proper handwritings respectively.

Sworn by the deponent on the day first

above mentioned before me