Registration of Firms Act of 1902 (2 Edw VII No. 12) (Qld)

8268 FIRMS. Rt'gistration of Firms Act. 2 EDW. VII. No. 12; FIRMS. "2 E N d o w . . 1 V 2. II. An Act to Provide for the Registration of FIrms. THR: REGISTRATION .[ASSENTED TO 26TH DECEMBER, 1902.] OF ~ :~ ~ ~ CT BE it enacted by the King's Most Excellent Majesty, by and with the advice and 'consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title. 1. This Act may be cited as "The Regi.rdratioll of Firms Act oj 1902." Interpreta. 2. In this Act, unless the context otherwise indicates, tion. the following terms have the meanings set against them respectively, that is to say,- " Business"-Any business, trade, or profession; District. " District"-The district assigned to a registrar under or in pursuance of this Act; Firm. "Firm"-Any person individually or any two or more persons in association or partnership carrying on any business or having any place of business in Queensland under any firm- name; the term does not include a company registered under the provisions of "Th,e Oompanies Acts, 1863 to 1896,"* or "The POl'eign Oompanies Act of 1867,"t or "The British. Oompanies Act of 18~ 6, " t or incor- porated by any Act of the Parliament of Queensland, or a foreign company registered under the provisions of "The Foreign Oom- panies Act of' 1895"§; Firm-name. "Firm-name"-A name or style under which a business is carried on, and which does not consist solely of the full or usual name of the person individually carrying on the business or solely of' the full or usual names of all the persons in association or partnership carrying on the business; Prescribed. " Prescribed" - Prescrihed .by this Act or by Regulations made thereundpr ; * 27 Vie. No. 4, supra, page 14.4; 50 Vie. No. 19, supra, page 1561; 53 Vie. No. 18, supra" page 3720; 55 Vie. No. 10, .•upra, page 4182; 56 Vie. No. 24, .,up/·a, page 4518; 57 Vie. No. 3, supra, page 4802; and 60 Vic. No. 21, .•upra, page 5908. t 31 Vie. No. 1, supra, page 197. ! 50 Vic. No. 31, supra, page 198. § 59 Vie. No. 2, .<upra, page 560e.

FIRMS. 8269 1902. RelJistration of Firms Act. ~ ' Reg'istered Firm"-A firm registered under this Registered Acl; ~ . ·H Registrar" - The principal registrar and any Registrar. registrar of firms appointed under this Act. When a district is assigned to a registrar under this Act the term" registrar," unless the context otherwise indicates, meansthe registrar for the district in which the firm carries on or proposes to carry on business, or, if there are or will be established places of husiness in more than one district, the registrar for the district in which the firm has established or proposes to establish its principal place of business; " Usual Name" includes the style of a signature Usua! name. habitually used for business purposes. 3. The Governor in Council may from time to timeotlioors. appoint a principal registrar and so' many registrars and other officers as may be necessary for the effectual execution of t.his Act, and may assign a district to any registrar. Until other appointments are made, all clerks of petty sessions shall be registrars for the purposes of this Act in and for their respective petty sessions districts. 4. From and after the passing of this Act every firm Fir~ ' to be shall be registered in the manner directed by this Act. registered. 5. Notwithstanding anything herein contained, it Regi.tration shall not be necessar 1 y ', that registration be effected in the I ~ n nne c c a e s s e osafry case of persons who do not publicly notify or advertise tempora.ry themselves as carrying on any specified business at any contractors. specified place of business in Queensland, and who merely contract to perform specified work for or supply specified materials to any particular person within any period not exceeding twelve months from the time of so con- . tracting. 6. Every firm shall be registered before commencmg Time fOl' business : registration. Provided that if any firm has carried on business iJ1. Queensland before the passing of this Act, it shall be sufficient if registration is effected within three months after that date.

8270 FIRMS. Begistraiion of Firms Act. 2 EDW. VII. No. 12, p Mre a agn r ti.n. 1 cturlaert a iao r n s nd. 0 f or d 7 e 1 . IvR · ere · mgigstrtaotito h ne srhe · aglIlstbrear eaffencotteI . dCeb . ymsewndrI · i t n · mggby I . II p t o h set following form, or to the like effect :- " The Registration of Firm. ~ Art IIf 1902." To the Hegistrar of Firms for the District of Take noticetnst I [or we] desire to have my [or our] E'irm registered under the provisions of the above-mentioned Act. The necessary particu- lars are truly and correctly set out as follows :- The firm-name is The business of the firm is The firm carries on business [or proposes to carry on the business at, insert the place or places of businflssJ The princi pal place of businesR is [or will be] at [to be stated if the firm carries on or proposes to carry on business in more than one aistrict] The proposed date of commencement of the business is [ ~o be statea if the firm is not carr!lin.q on business at th" paSBin.q of this A.ct J The name of the person [or the names of the persons] carrying on (or proposing to carry oP) the business is [or are] "'"lte" Full Nam b e y [1 e 0 ac b h e person h o i r m a s C e k lf tl ] O . Wledged! I UsualRe 8 ' l dence. _____ 1 Other Occupation, Description, and Addition (if any) of each Person. - - - .------- Signed [or acknowledged] at 19 ,before me on the dllyot .1.P_ [or as the case";'ay be]. Every such notice shall be accompanied by the pre- scribed fee. Firm carrying 8. If a firm carries on or proposes to carry on business = o~ : ~ ~ : n one under more than one firm-name, such firm shall for all the firm-name. purposes of this Act be deemed to be a l!Ieparate and distinct firm in respect of each and every different firm- name under which it carries on or proposes to carry on business, and shall be so registered accordingly. Re-registra- tionSOD change of firm-naml'. 9. A registered firm upon changing its firm-name shall be registered as a new firm, and the notice sent or delivered to the registrar shall be in the form last herein- before prescribed or to the like effect, with the following addition to be inserted before the attestation :- And take further notice that the per~ ons now registering are the persons who heretofore carried on business under the registered firm- name of which is abandoned as from the date of this notice. Every such notice shall be accompanied by the fee prescribed in respect of the registration of a firm. Fee for registration. 10. There shall be paid in respect of the registration of every firm a fee of two pounds. Such fee shall be

FIRMS. 8271 1902. ReglstratlO1'l of .1J'irms Act. transmitted with the notice for registration, or re-registra- tion in the case of a change in the registered firm-name, as the case may be. 11. When a change occurs in the constitution of a Registration regI . s t ere d fiI' m, the mem b er 01' mem b el'S 0 f the fiI' m as foifrmch. anges in reconstituted shall, within fourteen days after such change, send by post or deliver a notice in writing thereof to the registrar in the following form, or to the like effect:- ".The Re.q£stration of Firms Act of Hl02." To the Registrar of Firms for the DiRtrict of I [or We], the undersigned [the member or members of the firm as reconstituted], hereby give notice that on the day of , 19 , the following change took place in the constitution of the firm registered under the firm-name of tllat is to say A. B. retireu from the firm. C.D. became a member of the firm (or as the case mag be). Description of a new member [or new members] (as upon an original 'rf'gistration) . I FUll N3m by e[ e l a o l.' b k e p w e r rs it o t n en h o i r m a s c e k l n f] o . wledoed I U sua IR eS 'd l ence. ./ __ -- - . - - - ~ - - - - ~ -: - - --. - ----. . - - - - i. Other Occupation, Description, and Addition (if any) of each Person. I Signed for acknowledged] at 19 ,before me on the day of J.P. [or as the case mag be]. Every such notice shall be accompanied by a fee of five shillings. 12. When and as often as a registered firm establishes Ohanges in a new place of business, or removes its place of business C~ ~ ~ : ~ s~ ~ from one premises to another premises, or ceases to carry on business at any place, the firm shall within fourteen days thereafter send by post or deliver a notice in writing of the fact to the registrar in the following form or to the like effect :-. " The Registration of Firms Act of 1902." To the Registrar of Firms for the District of Take notice that on the day' of the following change was made in the place [or places J of business of the firm registered under the firm-name of , that is to say :- A new place of business was opened at [or th'l place of business at was removed from street to stl.'eet, or the place of business at waR closed, or as the case ma,V be J. (Signed) A.B. C.D. [etc., members qfthefil·mJ. Signed [or acknowledged] at before me. on the day of ,19 , J.P. [or as the case mag ve J.

8272 FIRMS. Registration of Firms Act. 2 Enw. YII. No. 12, Every such notice shall be accompanied by a fee of five shillings. Signature, etc., of notice8. 13. Save as is hereinafter provided, every notice given for any of the purposes of this Act shall be signed or ackn{)wJedgeo by the person individually constituting tbe firm, or by all the members of the firm, as the case may be. Every such signature or acknowledgment shall be attested, if in ~ ueensland by and before a justice of the peace, or if elsewhere by and before a British consul or notary public: Provided that- (i.) The provisions of this Act shall be deemed to be complied with if any member in Queensland of a firm consisting of more than one person signs or acknowledges the notice; (ii.) If the person individually constituting a firm is not in queensland, or if there is not in Queens- . land any member of a firm which consists of more than one person, tht provisions of this Act shall be deemed to be sufficiently complied with if the notice is signed or acknowledged by any person who has previously filed in the office of the registrar a statutory declaration that he is duly authorised bv and on behalf of the firm to car~y on the busi~ess of the firm in Queens- land. A fee of five shillings shall be paid to the registrar on filing any such declaration. Creegritsitfricaatitoeno . f of thi 1 s 4 A . ctUapnodn tthheeprreecsceriipbteodffeae, ntohteicreeggiisvternarisnhaplul rrseugaisntceer such notice, and shall without further fee send by post or deliver a certificate of the registration thereof to the firm registering. Monthly rpturns by 15. (1.) Every registrar shall once in ever.v month, registrar. on such date as tile principal registrar may appoint, furniSh to the principal registrar copies, certified under his hand to be correct, of all notices received by him in pursuance of this Act during the last preceding month, and the principal registrar shall preserve and register all such copies of notices so received by him. Register and index. (2.) The principal registrar shall keep in proper books to be provided for the purpose a register and an index fur the whole of Queensland of all registered firms and of all the notices registered in reference thereto.

FIRMS. ~ 273 1902. Registration of Firms Act. (3.) Every registrar shall keep, in proper books to be provided for tt1e purpose,. a register and an index for his district of all registered firms and of all the notices registered ill' reference thereto. (4.) Any person, upon payment of a fee of one shilling, shall be entitled to inspect and make an extract from or copy of' any notice registered by any registrar. Any person, upon payment of a fee of two shillings and six pence, shall be entitled to receive a certificate of the registration of any firm, or a copy of or extract from any registered notice signed by the registrar issuing the same and certifit'd by him to be correct. 16. Upon receipt of the prescribed fee, the registrar Registrar to I sehtatlelrseWnd . It 1 1 byrepl ~ oesrtenacreeptloy taonayn. ' yre . ignIqstueirrey d m f a i Id'me oofr hnimotI . bcye m ~ e q nd m . r r l ~ e p s l . y to. registered under this Act. 17. (1) If any firm or person by this Act required Offences and to send or deliver any notice makes default, without legal process. reasonable excuse, in sending or deliverin~ the same in the manner and within the time prescribed, such firm or person shall, for every day during which the default continues, be liable for the first offence to a penalty not exceeding five pounds, and for every subsequent offence to a penalty not exceeding ten pounds. (2.) All goods, chattels, wares, merchandise, and effects found upon the premises where such firm 01' person carries on business shall be liable to' be distrained an cl sold to satisfy any penalty for any breach of this Act or any Regulation made thereunder. (3.) If in any case the person or persons constituting a firm is or are not known or cannot be ascertained, or is or are found to be absent from Queensland, then such firm may be proceeded against for any penalty incurred under this Act or any Regulation made thereunder under its firm-name without further description or designation. (4.) Service of any complaint or other process upon any person apparently ill charge of any premises where any firm carries on business shall be deemed to be sufficient service thereof on such firm. 18. The firm-name of every registered firm shall be Registered use d I · n a 11 matters co.nnec t e d W . It 1 1 or re la tI . ng to the n to am be e u a s lw ed a . ys business of the firm. 19. W hen a firm by this ACt, required to send or tclio~ s by deliver any notice to the registrar has therein made d~fu:i~

8274 FIRMS. Registration of Firms Act. 2 EDW. VII. No. i2, 1902, default, and during the default commences an action in any Court in the firm-name, or for a cause of action arising out of any dealing by such firm in the firm-name, the Court shall order the firm in default to seRd or deliver to the proper registrar the proper notice, and may stay all proceedings in the action until the order is complied with, or allow proceedings to be continued on an under- taking to comply with the order within a time to be limited by the Court. The power by this section given to 'the Court may be, exercised by a Judge in chambers. The costs of and incidental to any such order shall be paid by the firm in default. Evidence. 20. In any proceedings for the recovery of any penalty imposed by, this Act or any 1{ egulation made thereunder, the averment in the complaint that the defendant is a firm within the meaning of this Act shall be sufficient evidence of the fact until the contrary is proved. A certificate of registration of a firm, or a copy of or extract from any notice registered under this Act, purporting to be signed and certified by any registrar, shall in any Court or in any proceeding be prima facie evidence of all the statements and matters contained therein, and of the fact and date of registration as shown thereon. RegulatiOIl/!. 21. The Governor in Council may from time to time make Regulations for the more effectual execution of this Act. Such Regulations may impose a penalty not exceeding ten pounds for any breach of the provisions thereof. All such Regulations shall be· published in the Gazette, and shall thereupon have the same effect as if the same were enacted in this Act. All such Re£:.ulations shall be laid before both Houses of Parliament within one month after the making thereof, if Parliament is then in session, or, if not, then within fourteen days after the commencement of the next session of Parliament. pReencaolvtieersy. of Regu 2 la 2 t . ioAnlml apdeenathlteireesunidmepromseady bbey rethcoisverAedct upoorn' a t n h v ~ complaint of a registrar in a summary way before any two justices of the peace, and when recovered shall be paid into the Consolidated Revenue.