Port Phillip Bank Act 1840 No ppb (NSW)

1840. 4̂ VIC. 01

Fort Fhillip Bank.

A l l Act foi‘ fficilitating Proceedings at Law or in tort hxnk .

Equity by or against the Banking Company of Melbourne called “ The Port Phillip Bank” and for other purposes therein mentioned. [Sth September, 1840.]

W J ITEUEAS seveml pc'rsons liave formed tliemsclves into a rrcitmbi«.

joint stock banking company establislied at Melbourne in the District of Port Phillip in the Colony of New South "Wah's und(;i‘ the namci stylo or firm of “ The Port Phillip Bank” and it is expedient to facilitate; proceedings at law or in equity ciommenecd

V T

by or against the said bank Be it therefore enacted by Ilis Excel- Actions at law iic,

Icney the Governor of New South Wales with the advice of the Legis-

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actions and suits and all proceedings at law or in equity to be com­

menced instituted prosecuted or carried on by or on behalf of the said

hank or wherein the said bank is or shall bo in any way concerned

against any body or bodies politic or corporate or against any person

or persons whether a member or meml^ers of the said bank or other­

wise shall and may be lawfully commenced instituted and prosecuted

or carried on in the name of the person who shall be Managing

lative Council thereof That from and after the passing of this Act all i>"ector. ceeding shall be commenced or instituted as the nominal plaintih complainant or petitioner for or on behalf of the said bank and that, all actions suits or proceedings as aforesaid to be commenced insti­ tuted or prosecuted against the said bank shall be commenced insti­ tuted and prosecuted against the Managing Director for tin; time bein g of the said bank as the nominal defendant for and on behalf of the said bank and that all indictments informations and other criminal proceedings or prosecutions to be brought instituted or carried on by or on behalf of the said bank for fraud upon or against the said bank' or for embezzlement robbery stealing or counterfeiting the bills notes bonds moneys goods chattels or any other property of the said bank or for any felony misdemeanor or oth{;r off(;nco in Avhieh the said company sliall sustain any loss or damage or wherein it shall be necessary or expedient for the said bank to prosecute any olT(;nder or offenders shall or may be so brought or instituted and carried on in the name of such Managing Director for the time being of the said bank and in all such indictments informations and otlu;r criminal proceedings or prosecutions it shall he lawful to state in any such proceedings or prosecutions such bills notes bonds moneys goods chattels effects or any other property of the said bank to bo the pro­ perty of such Managing Director for the time being of the said bank notwithstanding it shall be proved at the trial or hearing that the same belong to the said bank and any offence committed with intent to injure or defraud the said bank shall and lauTully may in anj" pro­ secution for the same be stated or laid to have been committed with intent to injure or defraud such Managing Director for the time being of the said bank and any offender or offenders may thereupon bo law­ fully convicted of any such offence or offences and the death resignation or removal or other act by wbich the office or power of such Managing Director shall cease shall not abate any sucb action suit or prosecution but the same may be continued where it left off and be prosecutiid and carried on in the name of the succeeding Managing Director or

of

92 4̂ VIC. 1840.

Fort Fhillip Bank.

of any person who may be or become Managing Director of the said bank for the time being and that where it shall he necessary for any person to serve any summons subpoena notice w'rit or other proceeding at law or in equity upon the said bank service thereof respectively shall be made on such Managing Director for the time being or at the usual place where the business of the said hank shall he carried on at Mel­ bourne aforesaid Provided nevertheless that the body or goods lands or tenements of such Managing Director shall not by reason of his being defendant in any such action suit or proceeding be liable to he arrested seized or taken in execution And provided further that all costs and expenses to be incurred by such Managing Director in prosecuting or defending any action or suit for or on behalf of the said bank shall he defrayed out of the funds of the said bank.

Memorial of the

name of the Manag­ 2. And he it enacted That a memorial of the name of the

ing Director to ho	Managing Director of the said hank in the form or to the effect for
recorded in tlie
Supreme Court of	that purpose set forth in the Schedule hereunto annexed signed by the
New South Wales	said Slanaging Director and a majority of the directors of the said bank
and renewed when
any new IManaging	shall be recorded upon the oath (administered before any Commissioner
Director shall bo	of the Supreme Court of New South Wales) of one of the directors of
elected.	the said bank for the time being in the said Supreme Court within sixty days after the passing and publication of this Act and when and so often as any person shall be newly elected Managing Director of the said hank a memorial of the name of such newly elected Managing Director in the same form or to the same effect as the hereinbefore mentioned memorial signed by sucb newly elected Managing Director and by a majority of the directors of the said hank at the time of the election of such newly elected Managing Director shall in like manner be recorded upon the oath (so administered as aforesaid) of one of the said directors of the said bank for the time being in the said Supremo Court within sixty days next after such Managing Director shall be so newly elected.
No action to ho
brought until	3. Provided always and be it enacted That until such memorial before directed no action suit or other proceeding shall he brought by the said bank in the name of the Managing Director of the said hank
memorial be re­	as hereinbefore is first mentioned he recorded in the manner herein­
corded.
The Managing	as aforesaid under the authority of this Act.

Director and other	4. Provided always and be it enacted That in all actions suits
officers of the bank

to give evidence	petitions or other proceedings at law or in equity in wdiich the said
notwitlistanding	Managing Director for the time being shall be on behalf of the said
interest in the same.	bank and under and by virtue of this Act plaintiff complainant or petitioner or defendant it shall and may be lawful for the said Manag­ ing Director for the time being or for any director auditor treasurer secretary clerk or any other officer engaged in the executive duties of the said hank or for any proprietor or shareholder in the said bank to give evidence in such action suit petition or other proceeding notwith­ standing the name of such Managing Director for the time being shall be used as plaintiff complainant petitioner or defendant and notwith­ standing that such director auditor treasurer secretary clerk or other officer as aforesaid shall or may be interested in the result of such action as a shareholder or copartner in the said joint stock banking company.
Execution upon any

judgment may be	5. Provided always and be it enacted That execution upon any
member of the bank

issued against any	decree order or judgment in any such action suit petition or other
who shall have his	proceeding obtained against the Managing Director for the time being
rom«ly against the	of the said bank whether he b(; plaintiff or defendant therein may
other members.	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 order or judgment had been obtained against such member

or

1840.  4" VIC.

Fori Fhillip Bank.

or members personally Provided always that every such Managing’ Director 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 u])on any judgment or decree shall be issued or levied as aforesaid shall always be rciml)ursed 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 Managing Director or member or members shall or may be put to or become chargeable with and all suc-h remedies shall be allowed as between the several members ol‘ the said bank for the time being as if this Act had not been passed.

6. And be it enacted That for the purpose of give better ctfect i.ist of jncmijcrs to

to t he provision last hereinbefore contained the Managing Director existing members of such bank with their rcjspectivc places of abode and descriptions to be recorded on oath to be administered before any Commissiomir of the said Supreme Court in the office of the Registrar of tlie said Supreme Court and that the same shall be open for inspec­ tion at all reasonable tim(!.s by any person requiring the same on payment of a fee of one shilling and if such Managing Director shall fail to cause such list to be recorded in manner aforesaid he shall be liable to a penalty oi‘ one Imndred pounds to be recovered by action of debt in tb(! said Supreme Court by any person or persons who shall sue for the same.

for the time! being of the said bank shall Avithin sixty days from tlie RegistrarofSupreme

passing and publication of this Act and thereafter in the month of

7. And be it eiiactcd That every person whose name shall l)c Every person

so rc'cordcd shall be considered a membeu’ of the said bank and be trbir™Vs'i,krc(i 1'̂ *

liable as such until a new list of the members’ names shall be recoixh'd member until new

as aforesaid or until he shall have given notice in the New Soulh h^sSrhave given' J'Fales Government Gazelle of his retirement from the said bank imtice of retirement

Provided always that every such Managing Director in whose name any action suit petition or other proceeding shall be commenced prosecuted carried on or defended and every such member or mem­ bers against Avliose goods cbattcls lands or tenements execution shall be so issued as aforesaid shall ahvays be reimbursed and paid out of ilie l‘un(ls of the saifl bank all such damages costs and expenses as liy tlie evenf, of any such proceedings such Managing Director or member or members shall or may be put unto in respect thereof and all such r('mcdu;s shall be alloAved as betAveem the several mcmliers of the said liank for the time being as if this Act had not been passed.

S. And be it enacted I’hat the provisions in this Act contained

sliall extend and be construed deemed and taken to extend to the said stamiing cbangrcif'

bank at all times during; the continuance of the same Avhether the

said bank lie noAV or bcrcaftcr composed of some or all or any of tlie	’
pi'rsons Avho AA cre the original or arc the present members thereof or oT all or some of those persons together Avith some otlier person or persons or shall be composed altogether of persons Avho Avei’c not original or arc not now members of the same.

9.                 ProA'ided ahvays and be it enacted That nothing herein con- Bank not incorpo

tained shall extend or be deemed taken or construed to extend to incorporate the members or proprietors of the said bank or to relicAn or disebarge thetm or any of tliem from any responsibility duties con­ tracts or obligations Avhatsoevcr Avhich liy laAV they noAV arc or at any timti hereafter shall bt; subject or liable to (uthcr between the said bank and others or betAveen the individual members of tlie said bank or any of tlicm and others or among themselves or in any other manner Avhatsoevcr except so far as the same is affected by the provi­ sions of this Act and the true intent and meaning of the same.

4*̂ VIO. 1840.

Port Phillip Bank.

Bonds &c. taken in

tlie name of the 10. And be it enacted That all bonds covenants mortgages

Managing Director	warrants of attorney and other securities not being assignable in law
may be put in suit
in the name of the	which have been or which shall or may at any time hereafter be taken
Managing Director	in the name of any person as Managing Director of the said bank or in
in whose name
originally taken	the name of any director or directors of the said bank for and on

m the iiamTof the account of tlic Said bank shall and may be put in suit and be sued and

Managing Director ........... prosecuted upon at law or in equity in the name of the Managing

for the time being.

Director 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 Managing Director of the said bank at the time such proceeding or proceedings shall be instituted notwithstanding the name of any such succeeding Managing Director be not inserted in such bond covenant mortgage warrant of attorney or other such security as an obligee covenantee mortgagee assignee or payee of the sum or sums of money therein respectively mentioned or secured and the death resignation removal or other act of any such Managing Director of the said bank for the time being in whose name any such bond covenant 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 be the succeed­ ing Managing Director or who may be or l)ccomc the Managing Director of the said bank for the time being and the legal estate in all lands and tenements belonging or mortgaged to the said bank and all other legal rights and capacities in respect of the said bank shall become vested in such succeeding Managing Director or Managing Director for the time being as aforesaid to all intents and purposes immediately upon the recording of the memorial of the name of such succeeding Managing Director in the said Supreme Court and so on toties quoties whensoever any new appointment or election of a Managing Director or Managing Director for the time being of the said bank shall take place and such new memorial thereof sliall be recorded as aforesaid.

Plaintiff not to bo

nonsuited for want	11. And be it enacted That in any action to be brought by any therein shall not be nonsuited nor shall a verdict be given against tlie plaintiff for want of proof of the record of such memorial or memorials as hereinbefore mentioned but in case the defendant in any such action shall make it apjiear on such trial that no such memorial or memorials has or have been recorded as aforesaid then a nonsuit shall be entered in such action.
of proof of record	Managing Director of the said bank by virtue of this Act the plaintiff
of memorial.

Nothing iathig Act 12. Providcd always and be it enacted That nothing in this apply toinyffght”* Act Contained shall be deemed to affect or apply to any right title or

&c. of H er Majesty interest of Hcr Majesty Her Heirs or Successors or of any body or

ol coiporatr bodics politic or corporate or of any other person or persons excepting such as are mentioned herein or of those claiming by or under him her or them.

This Act not to take p3_ bc it cnactcd That this Act shall not commence or shaU have r̂ ecefved̂ take cffcct Until tlic samc shall have received the Royal approbation thjĵ Koyai approha- notification of sucli approbation shall have been made in the

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Neic Soti-fh Wales Government Gazette by order of His Excellency

tlie Governor for the time being of the said Colony.

This Act to bo

14. And be it enacted That when and as soon as tliis Act shall reccivcd the Royal approbation and the notification of such approbation shall have been made as aforesaid the same shall be deemed and taken to bc a public Act and sball be judicially taken notice of as such by the Judges of the Supreme Court of Ncav South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded.

deemed a public Act.

SCHEDULE

1840. 4 :̂ VIO.

3Ielhourne Fire and Marine Assurance Company.

SCHEDULE REEEERED TO.

Memorial of tlie name of tlic Jlanaging Director of tlic banking company of Melbourne

called “ The Port l.’liillip Bank” to bo 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 Her Majesty Queen Victoria intituled “ Au Act fo r facilitating Proceedings at Law or in “ Equity by or against the Banking Company of Melbourne called ‘ The Fort Philliji Bank' “ and for other purposes therein mentioned."

A. B. Managing Director.

C. D. \ ( N. 0 .

E. P. / P. Q.

G. 11. \	Directors.	{ B. S.
I. K. \	/ T. II.
L. M. ]	VV.W.

X Y of Melbourne gentleman of the above-named bank

niakcth oath and saith that he was present and did see the foregoing memorial signed by the above-named Managing Director and Directors respectively whose names appear thereto.

Sworn this

day of 184 .}

S. T. Commissioner of tlic Supremo Court.