SA Banking Co Act 1843 (SA)

PRIVATE BILL,

By His Fxccllcncy GXORGE Gasn Esqtiira Governor and Commander-in-

Chif of Her Jfnjcsly'r Proaittce of South Australia and it8 Dqsndmcier a d Vice-AdmiraZ of tica same by and with {ha' advice and content of tAa

Le~islativo Coralcil.

" of the Reign of IIer present Majesty by His Excellency the Go-	WHEREAS an Act or Ordinance was passedin the Fourth Year
Pernor of South Australia with the advice and consent of the Le- ~islative Colincil thereof intituled "An Act for enabling the South Australian Company to Sue and be Sucd in tlie name of some One of the Public Rcgistcrcd Officers of the skid Company resi- dent in South Australia" and whereas a separation and division of the operations md the capital of the said Company has since taken place and a distinct Gornpany has bcen established for transacting Banking business only called the " South Australian
Banking Company" and whereas it would be convenient and just
t? obviate any difficulties which may arise in recovering debts due t0,the said South Australian Banking Company" and in maid- talhing actions or proceodinga for damages done to their property
and also in prosecuting persons who may be guilty of theft cm-
bezzlement or forgery to the detriment of the said Company and that

5 '.	I
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AN ORDINANCE to simplify Proccedi?gs at Law or in Equity	1 \;
1 9 '. I

h~ m d agailzst thc South Azutrulinn Bunking Company. .. l #

Australian Banking Company against any person or persons whomsoever notwithstanding such person or persons may happen to be a Member or Members of such Company it shall be lawful and sufficient to state the money goods effects bills notes securities or other property of such Coinpnny to he the money goods effects bills notes securities or otllcr prop&-ty of such Manager or Officer for the time being registcred as aforesaid and resident in the said Province as aforesaid and that any forgery fraud crime or other offence committed as aforcsaid shell and lawfully may in such indictments informations or other proceedings notwithstanding as aforesaid be laid or stated to haw been committed against or with intent to injuke or defraud such Manager or Officer for the time being registered as aforesaid and resiclent in the said Province as aforesaid and any offender or offenders mav thereupon be lawfully convicted for any such forgery fraud crime or offence and that in

all allegations indictments informations or other proceedings of

any ki~td whatsoever in which it otherwise might or would have been necessary to statc the names of the persons composit~g the

said South Anstralian Banking Company it shall and *mav be

lawfill and suficicot to state the name of such Manager or officer for the timc being registered as aforesaid and resident in the said Province as aforesaid and the death resignation removal or any act of such Manager or Officer for the tune being registered as aforesaid and resident in the said Province as, aforesaid after the commcnccn~ent of such action sui t indictment prosecution infor- mation or other proceedings shall not abate or prejudice m y such action suit indictment prosecution information or other pro-

ceed ings.

11. And be it enacted that a Memorial of the names of the &lrnlnrid rc-

Directors and Trustccs of the said South Australian Bankin* corded in S w - n l c " Court QC names uf

Company rcsident in England and of the Directors of auch Corn- oi,,tfim ,.d vn,,..

pany resident in the said Province and of the Manogcr or other ~; $ ~ f ~ ~ ~ i ~ t ~ ~ ~ ~ i

I)fficer of thc said Company residcnt in the said Provincc who is

for the time being to be thk nominal plaintiff complainant peti-

-

tioner defendant or respondent for the purposes of this Ordinance

in the ftwm or to the effect set forth in the Schedule hereto s i ~ n e d

by the Directors resident in the said Province and such hfal;ager

Or other Officer as afbresaid resident in the said Province as afore-

said and verified by thc declaration of some person or persons

'110 shall have becu rcscnt and sccn the sigoiu thereof such

of the Province and which dec I' aration such Judge is hereby authorised to take) shall bc registcred in tbc said Supreme Court

d~laration to be ma B o b c h e air ~odge of tile Euprcme bourt

within twenty-one days after the passing hereof and when any Pew Directors or Trustees of the said South Australian Banking l Company

Company or any new Manager or other Officer who is for the time being to be the nominal plaintiff complainant petitioner de- fendant or respondent for the purposes of this Ordinance shall be appointed a Memorial of such a pointment shall as to any new Di-

rectors or Trustees resident in d' ngland be in like manner registered	as foresaid within thirty days after such appointment shall be made
known to the said Manager or other Officer of the said South Aus- tralian Banking Company resident in the said Province and as to any new Directors Trustees Manager or other Officer as aforesaid resident in the said Province within twenty-one days after their or his appointment.

~esistered Officer a 111. Provided always and be it enacted that notwithstanding

such proceedings.	the Manager or other Officer of the said South Australian Banking Company for the time being resident and registered as aforesaid shall be the nominal plaintiff complainant petitioner defendant or
'respondent in any action suit or other proceeding it shall be law- . ful and competent for such Manager or other Officer as aforesaid to be examined and give evidence in any such action suit or other proceeding in the same manner as if his name had not been made
use of as such nominal plaintiff complainant petitioner defendant
br respondent as aforesaid.

Ilccorer~undot pm-- ][V. And be it enacted that when and so often as any judgment

ceedinga agnimt tha l

Campmy. , orclcr or dccrcc for the payment of any s u m of money citllcr for a debt clnmngcs or costs or other matter s l d l be givai ox mndc against any such Mnnngcr or Officer rrgistcred ns nforcsaid in m y action suit or proceedings whcrcin he shall be either plaintiff complainant

' petitioner defendant or respondent for or on account of the said

South Australian Banking Company the Manager for the time

being of the said Company shall upon being served personally with

an order of the Court wherein such jurlgrnentmder or decree shall be given or made directing him so to do or upon such order being

left at the Banking-house of the said Company in Adelaide forth- with pay such money out of the funds of the said Company unto the person or persons in whose favor such judgment order or decree dial1 be given or m d e or his or thcir attorney solicitor or authorised

agent as shall be directed by such order and in default thereof (such

default to be proved by affidavit to be made before a Judge or some authorised officcr of the Court wherein such order shall have been m d e ) it shall be laivful for the said Court wlletllcr it be of Law

or Equity to order a Writ of Execution to be issued directed to the S k i f f requiring him to levy such sum of monoy upon or out

of the goods and chattels or lands and tenements of the said Gompnnr and tlic said Sheriff sllall by seizure and sale of such

goods and chattels or lands and tenements levy and raise the sum of money, mentioned in such Writ with the coats and all incidental I .

expenses

expenses attending the execution of such Writ and if such sum

of money costs and expenses cannot be levied and raised from

the said goods and chattels or the said lands and tenements either

from there not being a sufficiency thereof or from the want crf

buyers (whereof the return of the Sheriff shall be sufficient evi- ., '

. dence) such sum of money or so much thereof as shall not have

been so levied and raised may be levied and raised by execution against the goods and chattels or lands and tenements of any of the Members of the said Company resident in the said Province

or may be recovered against any of such Members by action of

debt or otherwise and the Member or Members of the said Corn-,

pany paying or satisfying the same shall recover the amount toge-

ther with all incidental costs charges and expenses either out of

the joint-stock funds of the said Company or against the other

Members thereof in due proportion as in ordinary cases of co- partnership: Provided always that such registered officer by or

against whom such judgment order or decree shall be given or

made shall have the same right of appeal against such judgment

order or decree on behalf of the said Company as if it had been

giren in an action or suit brought by or against such Company or

any Member or Members thercof and that nothing in this Ordi-

nance contained shall extend or be construed to extend so as , to subject such Manager or other Officer of the said Company who shall bc such nominal plnintiR co~nploiilnnt pctitioncr defendant or respontlcnt to any individual responsibility in pcrson goods chattels cstate or otherwise by reason of his bcing such nominal

plaintiff complainant petitioner defendant or respondent,

V. And be it enacted that no person or persons or body or N. more one

bodies politic or corporate having or claiming to have any demand action a it tob.

upon or against the said South Australian Banking Company shall d,,d. brought for the *me

bring more than one action or suit i n case, the merits shall have been tricd in such action or suit in respect of such ' demand and

the proceedings in any action or suit by or against such Manager

or other Officer for the time being resident and registered as afore- said may he pleaded in bar of any other action or actions suit or suits for the same demand by or against any other Manager or ~ther Officer for the time being resident and registered as nforo- said or by or against any Member or Members of the said Com-

pany.

VI. And be it cnnctcd that the provisioi~s in this Ordinance A d tocxlendduriag tho continuance of

contained shall extend and be construed deemed and taken to ex- a.	cmpucp
,
tend to the said South Australian Banking Company at all times during the continuance of. such Company whether the said Com-
pany be now or hereafter shall be 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 sliall be composed altogether of persons who were not original nor are now members of the same.

orhanoe notimps- VII. Provided always and be it enacted that nothing herein

mtive On contained shall operate or be construed deemed or taken to operate

t	in any manner or form as obligatory upon the said South Austra- lian Banking Comyan or any of the Directors or Trustees thereof
to sue in the name o tY such Manager or other officer'for the time
being registered and resident as aforesaid.

prmt or vemaia VIII. And be it enacted that after any Memorial requirecl by

B I I ~	ngbtr~.	this Ordinance to be registered shall have been duly registered a aforesaid it shall not be necessary in any action suit or other pru- ceeding to prove such registry or that tlie pcrson whose name ic mentioned in such Memorial as the Manajier or other officer who is for the time being to be the nominal plaintiff complainant peti- tioner defendant or respontlent for the purposes of this Ordinance is such Manager or otlier officer and as siicll entitled to maintain such action suit or other proceeding but that such facts shall br deemed to be admitted unless any other party to sucli action suit
or other proceeding slmll desire the production of such Memorial
and shall give a. two days' previous notice in writing of snch h i s &sire to the said Manager or other officer in which case such Me- morial or any official copy tllereof certified by thc Clerk of the Supreme Court shall in all sucli cases bc receikd in cvidence as proof of the due registry of such Memorial and tlint the Manager

,

or other officer of the said South Australian Banking Company

' named in such Memorial is such Manager or otlier officer and fu l ly

. and absolutely entitled to maintain or defend sucll action suit or

other proceeding as nominal plaintiff complainant petitioner de-

fendant or respondent without any further proof whatsoever. ,

r.

On n vacancy of IX. And be it1 enacted that on th8'death resignation or removal

Managing Director of any such Manager or ~ f f i ce r registered as aforesaid the said

Banking Compmy to

m-olucl wilhin area	South Australian Banking Cornpally or the Directors of such
month#,	Company resident in the s a d Province sllnll within three month^ af'ter such death resignation or renloval appoint nnotllcr fifsnager or other Oficer of .the said Company resident in tile said Pro-
vince who shall for the purposes of tlhs Ordinance be the nominal
plaintiff complainant petitioner defendant or respondent and shall rmmediately aficr such appointment cause a Jlc~norinI of the name of such Manager or other Officer to be recorded iu the

v Supreme Court within such time and in such manner and form as

. is hereby directed and if .t d said Banking Company or the Di-	3
/I . rectors

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rectors of the Company resident in the Province shall fail to ap- point such Manager or other Officer within such time as is before mentioned the said Company shall wholly forfeit all benefit and advantage under or by virtue of this Ordinance.

X. And be it enacted that anything in this Ordinance notwith- A , . ~ m b r 1.1

standing it shall be lawful for any person having any cause of b. med.

action against the ' said Banking Company to sue any person or

persons being a member or members of the said Banking Company

at the time of the cause of the action arising or being named on

the list last recorded on oath in the Supreme Court under the pro- visions ~f this Ordinance before the raising of such action and

such and the like proceedings and consequences shall and may

ensue thereupon as in the case of an action brought against a

Manager ot other officer under this Ordinance.

X!. And\ be it enacted that in any action brought against any No p,;4of a,,,b+

one or nore members of the said Banking Company no plea in m m

abatement shall be competent or allowed by the Court on account

of the non-joinder of other members thereof.

XlI. Provided always that every such member aqainst whom Rs-imbuaomo.t ,,c

murnd*

any nct ion ~ l i i t or O ~ I I C I. p r o r r ~ d i ~ ~ ~ ~ h l l bc brought h i t u tcd or

wosccwtcv l o r I \ ~ I ~ ~ I I H ~ wllon~ ( ' X ~ W I ~ lo t t H I H \ I I IILJ ~ S S I I P ~ ~ slr;\ll n l w y s

(,I? r ~ i l n h r ~ t ! d 0111 0(. 111~ i i l l l d ~ o(. the ~ l l id i h k i n f i (. . h~ lmny

such loss dnmagcs espcnscg costs and chnrgcs tls'by the cvcnt of	/
any slich proceedings hc may sustain or bc put to and that as be-
tween the several members of the said Banking Company for the
time beinq such contribution shall'be had in respect of any such
loss damages expenses costs and charges as may ordinarily be had between several joint contractors for, money paid by me or more

of tllein on the joint account. I

XIII. An$ be it enactcd that the Manager or other officer aforesaid ,,f,,,am.

of thc said Banking Company shall on or before the First day of bcm c. be recorde&	Jannnry One Thousnnd Eight Hundred and Forty-five and within mnuaUy.	e .	4 '
ten days from thc' First day of Jmuaxy in every succeeding year causc a true list ot the nnincs of all the Mernbcrs of such Banking Company with their respective places of abode and description (so
far as such names and pllacea of nbodc and description s l d l from
the then latest returns from England bc known to aich hInnagcr or other Officcr aforesaid) to ila n:corcled on oath in thc Office of the + 8uprcmc Court and that tlm sntnc s l d be open for inspection at all
'	reasonable times by any person requiring the same on payment of fee of one shilling bnd if any Mnn y c r or other - Ofliccr nforesnid of the aaid.Dnnking ampany shall fail to cause such list to bo recorded

recorded i11 manner aforesaid he shall be liable to a penalty of

Fifty Pounds to be recovered by action of debt in the said Supremr

Court by any person suing for the same.

Y C ~ I. recorded

~:onsitlrrcd members so recorded shall bc considered R member of the said Banking XfV. And be it enacted that every persou whose name shall br

t i l l nrw list	notilcd.	.
Company and be liable to bc sued as such until a new list of the members names shall be recorded as aforesaid or until he shall have
h oivcn notice of his retirement in the South Australian Govern.
mcnt Gazette."

c:,r,rll,B;lY ,,,,L into*. XV. P~oviclcrl always and be it enacted that nothing herein con-

. plraLcd Lv this tained shall extend or be deemed taken or construccl to extend to

Ordinancr.

incorporate the members or proprietors of the said South Australian

Ranking Company or to relieve or dischnrgc tllem or m y of them

+	or the said South Australian Conlpnny or any of t.he partners thereof from any responsibility duties contrncts or obligations whntsoewr
~ v h i c h by law they now are or.nt nny timc hereafter shnll bc subject
or linble to cithcr bctwecn t11c said Corr.pnnics a td others or between the individual members of the said Cornpanics or any of them and

'

others or among themselves or in any other manner wl~ntsoever

except so far ns the same is or are affected by this Ordinrtnce and

tlw true intcnt nncl m~nning of thc snmc.

X V l, I.'rovitlotl I L L W I L ~ A 1m1 \ W it ( w ~ t t ~ l 1h111 in WRO I \ U ~ Art of

c ) r r l i r~a~~co rtrttput h

any AVL iBi~tlifi- k '. ) ~ ~ ~ l i n ~ i l ~ ) ~ ~ t ~ h n l l lu~vr! bccn or ~ l l ~ l l l h? I ) I I S B C ~ in itwor of or t m y

rtient nr Charter to

1t0 nbbinrtl.	C h t c r of Incorporation shall havc been or fihnll bc gmntcd by lkr
cease and determine whcn and so soon as such 'Act of Parliament or Rlajcsty to the said $out11 A~istrnlinn nance and the rights remcrlics and liabilities under the same shall nnnking Company this Ordi-
Charter of Incorporation shall take cffcct in the said Province.

XWL h, e h t r i ~ l ~ t v XVII. Provided always and be it enacted that nothing licrein

. ~ t Iia(t11~tiru of contained shall abate suspend affect prejudice or vary ar be deemed

South Alrdralintr

Comi,my urdrr r c c i taken or construed to8 abate auspcnd nffcct prcjudicc or vary the

i fq l Arc ~ o r a i n n n c ~ ri4tts P rc~ncdies and liabilities of tlic South Austmlinn Company "

i~ndcr or by virtue of thc Act or Ordinnncc hcreinbcforc rccitetl or

r'cfcrrcd to or in nny otlicr manner wl~atsocvcr. esccpt so far as snch rights rcincdics or linbilitics nrc cspressly nbntcd suspended nffccted prejudiced or varied by this Ordinancc and tho truc intent and

meaning of the snrnc.

XVIIT. Pmvi~lcd d w n y and bc it cnnctcd thnt nothing in this

, , f o r

M * J C ~ Y	a d N I I ~ ~ ~	Ordinancc contained s h l l bc dccrncd to nffect or apply to any right
title or intercat of Hcr Majesty her Heirs and Succcrsors or of any

. body or bodies politic or corporate or of any othcr person or persons

excepting

-

excepting such ss are mentioned therein or of those claiming by or

~lridcr him or tllcnl. ,.

XlX. Ancl bc it cnncted thnt this Ordinallcc shall bc printed by Ordinmoo lo re I..

mthority of His Exccllc~rc y thc Governor and Legislative Council $.notice j"""~

of the said Provii~clce and that n copy thereof so printed shall be ad-	' #
mitted as evidence thcreof and of all facts matters and things therein recited or contained and be judicially taken notice of by all Judges Justices and others without being specially pleaded.

GEORGE GREY,

Governdr and Cornmander-in-Chief,

SCHEDULE REFERRED TO.

~ X E M ~ R I A L to be registered i n the Supremo Court of the Provitlce uf Swth Aur. tralia pursuant to an Ordinance of the Governor and Council of tfie said Province passed in the Sixth and Seventh Year of the Reign of Her 8fa.jesty Queen Victoria and intituled An Act to simplify Proceedings a t Law or in.Equity by aadagainlt the South Australian Banking Company."

The names of the Directors of the said Company resident in England are:

'The names of the Trustees of the said C o ~ n p a ~ ~ y resident in Eaglaad ate:

The names of the Directors of the said Company resident ia South Australia

are:

The name of the Manager (or onicer as tlte case may be) of the said Company reqid~nt ia South Allstr~lia and who i n pursuance of the @aid Ordinance is to be ~hr

a~orninal plaintiff complainaut petitioner defendant or respondent is

,

Dated this day of one thousaad eight

buodred and forty f

Signatures of the Local Directors.	\	I
Signature of tile Manager (or officer {

as the case may be). 1

I o f i t 1 the Province of

South Attstralin do solemnly nntl sincerely declnre that I ton* ptescat nu11 did see tlic fore:oing Rfemorinl signed by lhe Directora and hfnnager (or oficcr as (he

decfaration cor~~oiet~ciouvly believing the sarnc to be trtle and by vittue of the	c n g n nlay be) rcspcctively wlrose nclnles appenr thereto n~rd I rnnke this solemu
provisions of an Act made and passed in the Session of Parlianrent of tile Fifth a i d Sixth Years of !he Itcign of l l i s late Majesty Kjug Williata tlre Fourth iqtitr~led " An Act to repeal nn Act of tha present Session of Parliament intituletl an Act for tho more effectual abolition of oaths ~ n d aflirmations taken and made in various departments of the Stato and to substitute declarations i n lieu thereof
and for the more entire supprcssiont of voluntary and er'tra-judicial unths ant1
affidavits and to make other pro~isioos fur the abolition of unnqcesaary oatbs," I

Declared at thia day of

Before me

Passed in the Legislative Council, this Fourteenth

., day of Novemlcr, 1843.

W. L. O'EXALLORAN,

Clerk of Council. I

A U ~ L A I D E : - '

Priakd by authority by Aaoa~nrm MACDOU~LLL, -.