SA Marine and c Assurance Act 1843 (SA)

No. 14.

N ACT to awnd an Act to facilitate Proceedings by and against

& South Australian Marine and Fire and Lifs Assurance

Cmyatay.

and

VHEREAS an Act of the Governor and Council of South Australia

aa passed in the fihh year of Her present Majesty's reign-intituled

An Act to facilitate Proceedings by md ngninst the South t~tralian Marine and Fire and Life Assurance Company" whereby

inter atia enacted that all actions and suits md all proceedings

and in equity by or on behalf of the said Company or wherein

d Company is or shall be in any way concerned shall and may

commenced instituted and prosecuted or carried on in

the person who shall be the Managing Director of the

p at the time any such action suit or proceeding shall

d or instituted as the nominal plaintiff complainant or and on behalf of the said ampany and all actions suits

proceedings againet the Company shall be commenced instituted

rind prosecuted ogninst the &lnnnging Director for the time bdng as	I
the nominal defendmit mid the death resignation or rernovnl or other act of such Managing Director shall not abate any action snit or prosecution but the smne nlny be continued where i t left off prose cnted and cni-ricd on in the name of any person who may be or become Nnnnging Director of the said Company for the time being and that n mcinonal of tlie name of such Managing Director shall be recorded in the Supreme Court within such time and in manner and form ac
by the said Act is directed: And whereas the said Act does not make

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it imperative on the said Company forthwith to appoint a succesor in the event of the death resignation or removal of any such registered Managing Director and does not provide any means by which the said Company may be sued in case of such failure and it is evpe- client to amend the said Act in these respects:

BE IT THEREFORE ENACTED BY HIS EXCELLENCY GEORGE GREY

Esquire Governor and Commander-in-Chief of Her Majesty's Pro- vince of South Australia and its Dependencies and Vice-Admiral of the same by and with the advice and consent of the Legislative Council

on a r. w n o of &fa- thereof hat from and after the passing of this Act &I the death re-

~ ~ ~ ~ signation or removal of any Managing Director or on any Act or ~ $ ~ ~ ~ P ~ I ;

lhree mmthn. occurrence causing a vacancy in the office of any such Managing Director aforesaid the said Company shall fortlnvith and within three

\	months from and after the day of such vacancy arising elect in his place
:I new Managing Director and sliall thereafter cause n memorial of his
name to be recorded in the Supreme Court within such time and in such manner and form as by the said Act is directed and if the said Company shall fail so to elect a new Managing Director or duly to record a rnemorial of tlie name of any new Managing Ilirector elected
in pursuance .of this or of the recited Act within such times as are
respectively before mentioned such Company shall wholly forfeit all

g	benefit and aclvantage under or by virtue of the aforesaid Act and no
new Managing Director elected or registered after the expiration of such respective times aforesaid shall be cnpable of suing in nnv action
suit or other proceeding dn behalf of the said Company unher the
~ u t l m i t y of' the said recited Act.

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A ~ ) . may be ~ ~ ~ 11. And be it further ellacted that anything in this 01. t lw ~ I ~ ~ ~

R twl. rvci tcd Act notwithstanding. it shall be lawful for any iwrson

.1	11;lving anv cause of act~on against the said Company to w e any pckon or persons being a member or members of the cnid Company at the time of the cause of action arising or being nrtmed on the list lnst recorded on oath in the Supreme Court
under the prwisions of the said.Act before the raising of snch nction and such and the like proceedings' and. consequences

sttati

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shall be from time to time kept by the Sheriff and such service	a
shall exempt him from service as a Juryman either at Courts dSessions of the Peace or in the Supreme Court until it shall

- win	come mund to h@ turn to serve.
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A. M. MUNDY,

i :ti ,C .. . L +. - - C ~ ~ F L of Council,

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