SA Marine, and c, Assurance Co Act 1842 (SA)

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Private Act.	l
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AN ACT to jacilitatc proceedings $ and ngaimt The South --A P]

Australian Marine and Fire and Life Asssrnnce Company." A -/& /m? 1

W HEREAS several persons have formed themselves into a C o n p n y or

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Society established a t -4delaide in the Province of South Australia

under he name stjle or, firm of c' The South Australian Marine and Fire

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qnd Life Assur~nce C o n p n y " as well for the purpose of effecting l b r i n e

Insurances ~gnins t loss or damage by Fire Assurances on Lives Smvivorships and Endowments granting nncl purchasing Annuities nud Reversions ns also for discounting Bills of Enchange and Promissory Notes and granting h n s on Mortg~ge Deposit of Deecls or Bond at Interest and other purposes

, and also for transactin and negocinting all such other matters and

things as arc usunlly !ono ~ n d pertbrrned in relotion to or in connection with the ordinary business of Assurance And whereas the said Company is now being carried on in Adelaide aforesaid and is under the care management nod superintendance of four Directon and of a lllannging Director And wherens difficulties may arise in recovering debts due to the said Company and in maintaining actions or proceedings for damages done to their property and also in prosecuting persons who may steal or embezzle the bills notes bonds mortgages monies gods chattels o t

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effects of the saicl Company And whereas it would be convenient and just. '-

that persons having demands against the said Company should be entitled

to sue some member thereof in place and stead of the whole And whereas it is also deemed expedient and necessary that the names residences and dewriptiona of all the membere of the laid Company ~hould be recmded for public information but as these pirposes cannot be effected without the aid.

and authority of the Legielature-

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B. IT THEREFORE EUAOTRD by HIS E X C ~ L L E N ~ Y G E O R G ~ GREY ESQU~RB

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Governor and Commander-in-Chief of Her' Majesty's Praaincs of South A Wtdi8

Astionr at law,.A~~trillia by and with the advice and consent of the Legislative Council

&C* be in the thereof That front and after the commencement of this Act all actions

orme of the Manr-

~ ~ m l. r, ~ e,	and suits and all proceedings at law or in equity to be commencsd
instituted and rosec cute cl or carried on bv or on behaif of the said ~ o r n p a n ~ or wherein the said Company I'B or shall be in any way concerned against any person or persons body or bodies politic or cor
whether a member or members of the said Company or otherwise sha P"'" 1 and
may be lawfully commenced instituted and prosecuted or carried on in the
name of the person who shall be the Managing Director of the said Company at the time any such action suit or proceeding shall be commenced or iastituted as the nominal plaintiff complainant or petitioner for and on behalf of the said Company and that a11 actions and suits and all proceedings at law or In equity to be commenced instituted or prosecuted against the
said Company shall be commenced instituted and prosecuted against the
Managing Director for the time being of the aaid Company as the nominal defendant for and on behalf of the said Company and that all prosecutions to be brought instituted or carried on by or on behalf of the said Company for fraud upon or against the Company or for embezzlement robbery or stealing the bills notes bonds monies goods chattels elfects or property of the said Company or for any other offence against the said Company shall or may be so brought or instituted and carried on in the name of such hlanaging Director for the time being of the said'Company and in all inclictn,ents and
informations it shnll be lawful to state the property of the Campany to be
the pr0pert.y of such BIwieging Director for the time beiag of the said Company and any offence committed with intent to injure or defraud the said Company shall and lawfully may in any prosecution 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 Company and nny offender
or offenders may thereupon be lawfullp convicted of nny such offence and in
all other allegations or indicti nents inforlnn tions or other proceedings it shall and may be lawful and sufficient from and after the commencement of thL Act to state the name of such nlanaging Director and the death resignation or removal or other act of such Rlanaging Director shall not abate an such
action alrit or prosecution but the s ~ m e lnay be continued where it I eft off
lcsecuted and carried on in the name of m y person who mny be or become &anaging Director of the said Company for thc t ine being And that where ~t shall be necessry for any p e m n to serve any summons notice writ or 'other proceediugs at law or in q u i t y u p m the said Canipany service thereof respectively shall he made upon such hlanaging Director for the time being or at his usual place of abode.

*emorld of 11. And be it Enacted That a memorial of the name of the Managing

BBme to be record- Director of the said Company in the form or to the effect for that purpose

COW set forth in the schedule hereto annexed signed by the said hianaging Director and by a majority of the Directors of the said C o ~ t ~ p n y shall be recorded upon oath in the Puprcme Court of South Australia within thirty days after the passing of this Act and when ancl as often as any person shall be newly elected Managing Director thereof a niemorial of the name of such newly elected Managing Uirector in the same form or to the sanie effect as the above mentioned memorial signed by such newly elected Managing Director and a majority of the persons who shall be Directam of the aaid Company at the time of the election of rruclr new Nanap~ng IXreztor rhall in like manner be recorded upon oath in the said Supreme Court within thirty

e	,	dayr next after such Managing Director shall be elected.
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111. Provided always .and be it Enacted That until such memorial a*

. bwinbefore fimt mentioned be racorded in the manner he&baf~re directed I

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me action mit or other proceeding shall be brought by the mid Corn say in ire ~nien M h

the name of the Managing Director of the said Company as afomi under ~ the authority of this Act. r ' ~ f $ ~ $ ~ ~

W. Provided always and be it Enacted That the Managing Director Manlyina Direa- b i n g the plaintiff complninant petitioner or defendant in any suoh action ~:",~&~~P.' suit petition or other proceeding as aforesaid on behalf of the said Company

shall not prevent or atfect the competency of any such Managing Director so as to prevent him from being rr witness in any such action suit petition or other

roceeding in the same manner as he might have been if his name had not &m made use of a3 such plaintiff compla~naot petitioner OF defendant in my such action suit petition or other proceeeding

V. Provided always and be it Eiacted That execution upon any decree or judgment in any such action suit petition or other proceeding obtained be iuud

B ainat the Managing Director for tbe time being of tbe said Company onymsmbcr, who

r 1 ether he be plaintiif or defendant therein may L issued ngninst and levied z;

U on the goods and chattels lands and tencnlel~ts of nny nlenlLcr or members Oth,rppomb.n,

W I!onsoever of the said Company for the time being in like lnanner and not

otherwise then as if such decree or judgment had been obtained against such member or members personally: Provided always t hut every such, Managing Director in whose name any such actiod suit petition or other proceeding shall be commenced prosecuted carried 0% or detknded and every suzh mem- ber or members against whose goods and chattels lands and tenements

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execution upon any judgment or decree shall be -issued or levied as aforesaid	. +
shall always be reimbursed and paid out of the funds of the said Company all

. such damages dues expenses costs and charges as by the event of any such proceedings such Mnnirging Director or member or members shall or may be

ut unto or become chargeable with and all such remedies shall be allowed as ktweeo the several members of the mid Company for the time beihg as if this Act had not been passed.

VI. And be it Enacted That the provisions in this Act contained shall act t,, be

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extend and be constxued deenlorl and taken to extend to the said ComDanv timer d i d, not-

at all timer during the continunnca of the same whether the said ~ o r n i a n j z:t,"'t.f,m!

be now or hereafter coniposed of some nll' or any of t,he persons who were the ben	h a
original or are the present ~nernlxrs thereof or of all or some of those persons together with some other person or persons or slldl be coinposed altogether of fireona who were not original or are now members of the same.

VII. Provided always nnd be it Enacted That. nothing herein contained Comp.ny not L.. .

shall extend or be deemed take11 or construed to extend to incor~ornta the c u r p o ~ l d b y illr

members or proprietors of the said Cor~lpnily or to relieve or discharge them AM*

or any of them from any responsibility dntics contracts or obligation whatso-

ever which by IRW they now &re or fit nny tiiiie hereafter shnll be snbject or

liable to either betwccli the said Conlpnny aurl others or between the individual

members of the snid Cornpnng or any of them nnd others or among them-

oelves or in any othcr manner whntsoever except so far the same is affected

by the provisions of this Act and the true intent mid meaning of the same.

VIII. And be it Enncted That in any action to be hrrught by any Mans- plaintiff to

ging Director of tho mid Cornpnny by virtue of this Act the plaintiff therein nonruitedforrut

~ h d l not be nonmitecl nor shall a verdict be given against the plaintiff for &PE''"*"	want of proof of the record of such memorial or membrials as hereinbefore
mentioned but in case the defendant in an). such action shall make it a peer on eucb trial that no such memorial or memorials have been recorded tg en a mnruit ohall be entered in such aotion.

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y. l. IX. And

Namer, &C. of the	IX. And be it Enacted That the Managing Director of the said year cause a true list of the rrarnea of all the then existing members of such Company with their respective places of abode and description to be recorded on oath in the office of the Judge of the Supreme Court and that the same shall be open for inspection at all reasonable times by any person requiring the same on payment of a fee of one shilling and if any Managing Director of the said Company shall fail to cause such list to be recorded IU manner ss aforesaid he shall be liable to a penalty of one hundred pounds to be recovered by action of debt in the said Supreme Court by any person or persons suing for the same.
sdrting membera
to be rwnted on	Company shall within fifteen days from the First day of January in each
o~thr

Perronr so record- X. And be it Enacted That every erson whose name shall be so

coalidered recorded shall be considered a member of t e said ('ompany and be liable to 1

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list notiaed* aforesaid or until he shall have given notice of his retirement in The South m e m h m till non be sued as such until a new list of the members' names shall be recorded as

Australian Government Gazette.

Rilrhlr Of the XI. Provided'always and be i t Enacted That nothing in this Act con-

Crovn not &c-	tained shall be deemed to affect or apply to any right title or interest of
ted.	Her Majesty Her heirs and successors or of any body or bodies politic or

. corporate or of any other person or persons excepting such as are mentioned therein or of those claiming by or under him or them.

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Act not to W e	XII. And be it Enacted That this Act shall not commence or take notification of such approbation
effect

approbation. ''l effect until the same shall have received the Royal a probation and the

~ho l l have been made His Excellency

the Governor in the South Australian Government Gazette.

To be deemed a XIIZ. And be it Enacted that when and so soon as this Act shall have

public Act. received the Royal approbation and the notification of such approbation shall have been made as aforesaid by his Excellency the Governor-in the

6 South Australian Government Gazette this Act shall bo deemed and taken to be a public Act and shall be judicially taken notice of as such by the

, - Judges of the Su rewe Court of the Province of South Austdia and its dependencies wit out being specially pleaded. R

GEORGE GREY,

Governor of South Australia.

Passed the Council this-Fourteenth day of February One The-d

Eight Hundred and F~rty-two. . I

A. nr, MUNDY,

Clark af Council.

Schedule

SCHEDULE REFERRED TO.

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I	MEMORIAL of the nmie of the ~ a n & i q Director of Tbe South Austmlim Marine and Fire and Life Aesurance Company" to be recorded in the Supreme Court of the Province of South Australia pursuant to an Act of the Governor and Council passed in the Fifth year.of the reign of Her Majesty Queen Victoria intitled " An Act to facilitate proceedings by and againet %'he
South Australian Marine and Fire and Life b u m m e Company.'"

A. B. Managing Ohctor. , 1

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Directow

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of of the above named Company

maketh oath and saith that he was present and did see the foregoing .

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memorial signed by the above named Managing Director and Dimtom

respectively whose names appear thereto. . g

Sworn tbie 1

day of 18