Liability of Mining Partnerships Limitation Act Amendment Act 1871 No 7a (NSW)

No. XVI.

An Act to amend the Act 24 Vict. No. 21 intituled "An Act to limit the Liability of Mining Partnerships" \28th April, 1871.]

BE it enacted by t h e Queen 's Mos t Exce l l en t Majesty by and wi th

t h e advice and consent of t he Legislat ive Council and Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled and	by
the au thor i ty of t he same as follows :—

1. The A c t twenty-four th Victoria n u m b e r twenty-one herein­

after designated t h e pr incipal A c t shall in addit ion to t he Companies described in section one thereof apply and ex tend to Companies to be formed for t h e purpose of work ing coal cannel coal b i tuminous shales or shales from which pe t ro leum or n a p h t h a can be ext rac ted or of quar ry ing grani te marb le or l imestones for bui ld ing or other purposes or of obta in ing a n y precious stones or gems by any mode or me thod ment ioned in t he said section.

2. A n d whereas doubts have ar isen as to t h e t rue cons t ruc t ion

of t h e second e leventh four teen th and twen ty - four th sections of t he

pr incipal A c t and i t has been deemed advisable to repeal t h e same Be

i t therefore enacted t h a t t he second e leventh four teen th and twen ty- four th sections of t h e pr incipal A c t be and t h e same are hereby repealed.

3 . I n t h e event of a Company already formed or to be formed

u n d e r t he pr incipal A c t for t h e purposes the re in or he re in ment ioned

being wound u p every shareholder shall be l iable to cont r ibute to t he

assets of t h e Company to an a m o u n t sufficient for p a y m e n t of t he debts a n d liabilit ies of t he Company and the cost charges and the expenses of t h e wind ing u p and for t h e p a y m e n t of such sums as m a y be requ i red for t he ad jus tment of t he r igh t s of t h e contr ibutor ies amongs t themselves w i t h t he qualification following ( tha t is to say) no con t r ibu t ion shal l be requi red from any shareholder exceeding the a m o u n t (if any) unpa id on the shares in respect of which h e is l iable as a shareholder .

5. Every Company already formed or to be formed under the pr incipal A c t for t he purposes there in or here in ment ioned shall have a registered office s i tuate in this Colony to which all communicat ions and notices m a y be addressed and service of any notice or of any writ declarat ion

4.    I n any act ion or suit b rough t in t he Supreme or in any Dis t r ic t

Cour t by any Company formed or to be formed under t h e pr incipal Ac t for t he purposes there in or here in ment ioned against any of its shareholders to recover a n y call or other moneys due from such share­ holders in his charac ter of shareholder such act ion shall be b rough t in t he n a m e of t h e official manage r and i t shall no t be necessary to set for th t h e special m a t t e r b u t it shall be sufficient to al lege t h a t t he defendant is a shareholder in the Company and is indebted to t h e Company in respect of a call made or o ther moneys due whereby an act ion or suit h a t h accrued to t he Company Provided always t h a t such call or other moneys shall be deemed to be a debt due from such shareholder to t he Company and p a y m e n t thereof m a y be enforced by

and in t h e n a m e of t he M a n a g e r before any two Jus t ices of t he Peace.

declarat ion plaint J u d g e ' s order or other proceeding or process what ­ soever in any action suit or proceeding a t such office shall be deemed to be service upon the Company or upon the registered M a n a g e r thereof and any Company which shall carry on business wi thout hav ing such an office shall be liable to a pena l ty not exceeding five pounds for every day dur ing which business shall be so carried on.

6. This A c t shall be construed wi th and form par t of the

pr incipal Act .