SA Mining Association Act 1851 (SA)

ANNO DECIMO QUINTO

No. 10.

An Act Jar fucilitating and simplifying proceedings by and against

a certain Joir~t Stock Corr~ynn,y, called the ' L South Australian

Mining Association," and for other psrposes therein men-

tioned.

[Assented to 17th December, l85 1 ."J

VV IIEREAS a Joint Stock Company was some time since formed	Reamble.
in Adclaide, under the style or firm of the " South Australian Mining Association, for the purpose of working Mines, and selling or disposing of the Ores and Minerals gotten therefrom, either in a raw or smelted stntc: Aud whereas the affairs of the said Company arc superintended by certain persons called Ihectors, such persons being respectively Shareholders of and in the capital or joint stock of the said Company: And whereas for enabling the said Company the more readily to enforce payment of moneys that may become due to them from time to time, and to prosecute persons fbr offences against the said Company, or thcir propcrty; and also for providing a more easy remedy against the said Company in the cases herein- after mentioned, it is expedient that the said Company should be able to sue by, and be liable to bc sued in, the name of a public officer of the said Company, in place and stead of the whole, and to use the name of such pb i i c officer as hereinafter mentioned:
All procedinga to be

Be it therefore Enacted by His Excellency the Governor of South 1n - the name of the

Australia, with the advice and consent of the Legislative Council Sccretur or some other registered

P thereof , , E ,

thereof, That all actions and suits, and also all petitions, bonds, and other proceedings upon which to found any fiat of insolvency ag-ainst any person or persons who are or may be indebted to the said Joint Stock Company called the ' L South Australian Mining Association," and all proceedings at law or in equity, or under any fiat of insolvency to be commenced, instituted, or issued by, for, or on behalf of the said Company, against any person or persons, bodies politic or corporate, or others, whether Members of such Company or otherwise, for re- covering any debts now due, or to accrue, or arise, or become due and payable to, or enforcing any claims and demands to be made by the said Company, or for, or in respect of, ariy other matter relatiiig to the concerns of the said Company, shall, and lawfully may, from and after the passing of this Act, be commeiiced or instituted, made, given, and prosecuted, in the name of' the Secretary, or of some other officer of the said Company, whose name shall be registered as hereinafter mentioned, and who shall, at the time any such action or suit, petition, bond, or other proceeding shall

commenced or instituted, made, gven, and prosecuted, be resident

in the said Province, as the nomlnal plaintiff, coniplainant, or yeti-

tioner, fox and on behalf of the said South Australian Mining Asso- ciation, and that all actions or suits, and proceedings at law or in equity, to be commenced or instituted by any person or persons, bodies politic or corpomtc, or othcrp, whether Mcmbcrs of the said South Austmlian Mining Association or otlzerwiw, against such Company, shnll, and lawfully may be commenced, insdtuted, and prosecuted against any such Secretary or otlier officer for the time being registered arid resident as aforesaid as the nominal defendant or respondent, for and on behalf of the said Company, and that all indictments, informations, and prosecutions by or on behalf of such Company, for my stea1in.g. or embezilernent of any money, qoods, C. effects, bills, notes, secuntles, or other propcrty of or bclonglng to the said Company, or for any fraud, forgery, crime, or offencc com- mitted against, or with intent to injure or defraud the said Company, shall, and lawfully may be had, <referred, and carried on, in the name of such Secretary or other officer for the time being registered

in all indictments and infoxmations, or other proceedings to be Lad,

as aforesaid, and residerit in the said Province as aforesaid, and that

referred, or taken, by or on behalf of the said Company, against any person or persons whomsoever, notwitlistanding such person or per- sons may happen to be a Member or Members of such Company, it shnll be lawfiul and suficient to state the money, goods, eff'ects, bills, notes, securities, or other property of such Compmy, to be the money, goods, effects, bills, notes, securities, or other propcrty of such Secretary, or other officer for the time being, registered as afore- said, and resident in the said Province as aforesaid, and that any forgery, fiaud, crime, or other offence committed as aforesaid, shall, and lawfully may, in such inclictments, informations, or other pro- ceedings, notwithstanding as aforesaid, be laid, or stated to have been committed against, or with intent to injure or defraud such Secretary, or other officer for the time being registered as aforesaid, and resident in the said Province as aforesaid, and any offender or

offenders

may thereupon be lawfully convicted for any snch forgery, fraud, crimc, or offence, and that in nl! aSlcgations, indictments, in- ibrmations, or other proceedings of' m y kind whatsoever, in which it othcraise might or would have been necessary to state the names of the persons conlposing the said Company, it shall and may he lawful and sufficient to state the name of such Secretary or other officer for the time being registered as aforcmid, and resident in the said Province as aforesaid, and the dcnth, resignation, removal, or any art of such Secretary or other officer for the time being re@- b e d as aforesaid, and resident in the said Province as af'ore&id, &all not abate or prejudice any such action, suit, indictment, pro- sccution, information, or other proceedings.

2. And be it Enacted, That a memorial of the names of the Memorial to be re-

nirectors and Trustees of the said Company, and of the Secretary cor"d in Supreme

Court of names of

or other officer of h e said Company, who is for the time bcing th Ilireetors and Trur

be the i~ominal plaintift; co~q)lainmt, petitioner, defendant, or officer. O"'e@stered

reljpondent for the purposes of this Ordinance, in the form or to

the e&ct set forth in the Schedule hereunto s i p e d by the Directors

tbr the time being of the said Company, and suck Secretary or

otlier officer as aforesaid, resident in the said P r o v i m as aforesaid,

and verified by the declaration of some pcrson or persons who

shall have hcen present and s e a the signing thereof (such decla- ration to be made before any Judge of the Supreme Court of the Province, and which declaration such Judge is lrereby authorised to take), shall be registered in the said Supr'bmo Courtwithin three calendar rnontl~s after the passing hereof, and when any new Direc- tors or Trustees of the said Company, or any new Secretary or other officer who is for the time being to be the nominal plaintiff, eomplainaut, y etitioner, defendant, or respondent for the purposes of this Ordinance, shall he appointed, a memorial of such appoillt- ment shall be in like manner registered, as aforesaid, within twenty

one days after their or his appointment.

3. Provided always, and be it Enacted, That notwithstanding R e g i s k ~ d oficer a

the Secretary or other officer of the said Company, for the time com~"t"k witnu" in

such proceeclmgs.

being, resident and registered as aforesaid, shall be the nominal plaintitf, complainant, petitioner, defcndant, or respondent in any action, suit, or other proceeding, it shall be lawful and competent for such Secretary or other officer as aforesaid, to be examined and give evidence in such action, suit, or other proceeding in thc same lnanner as if his name had not becn made use of as such nominal plaintiff, complainant, petitioner, defendant, or respondent as aforesaid.

4. And be it Enacted, That when and so often as any judgment, Recox7ery under pro-

order, or decree for the payment of any sum of money either for ceedings	Company. against	the
a debt, damages, or costs, or other matter shall be given or made
against any such Secretary or officer registered as aforesaid, in any action, suit, or proceedings wherein he shall be either plaintiff,

complainant

conlplainant, petitioner, defendant, or respondent for or on account of the said Company, the Secretary for the time being of the said Company shall, upon being served personally with an order of the said Court wherein such judgment, order, or decree shall be given or made directing him so to do, or upon such order being left at the counting-house or place of business of the said Company in Adelaide, forthwith pay such moncy out of the funds of the said Company unto the person or persons in whose favor such judg- ment, order, or decree shall be given or made, or his or their 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 officer of the Court wherein such order s l d l have been made) it shall be lawfill fbr the said Court, whether it be of law or equity, to order a writ of Execution to be issued directed to the Sheriff requiring him to levy such sum of money upon or out of the goods and chattels, or lands and tenements of the said Company, and the said Sherift shall, 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 costs and all other incidental expenses attcnding the execution of such w i t; and if such sum of money, costs, ancl 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 of buyers (whereof the return of the Sheriff sliall be sufficient evidence), 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 Mcnihers 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 Company paying or satisfying the same, shall recover the amount, together with all incidental costs, charges, and expenses either out of the joint stock fuuds of the said Company, or against the ot lw ~ e m b e r i thcrcot' in due pro- portion as in ordinary cases of CO-partnership: Provided always, that such registered ofieer, by or against wl.lom such judgment, order,

appeal against such judgment, order, or decree on behalf of the

or decree shall be given or made, shall have the: sane right of

said Company, as if it had been. given in an action or suit brought by or against such Compauy, or any Member or Members thcreof and that nothing in this Act contained shall extend or be construed to extend so as to subject such Secretary or other officer of the said Conipany who shall be such nominal plaintiff, com- plainant, petitioner, defendant, or respondent, to any individual responsibility in person, goods, chattels, estate, or otherwise, by reason of his being such nomiual plaintiff, complainant, petitioner, defendant, or respondent.

No thRn one

action or suit to be 5. And be it Enacted, That no person or persons, or body, or

brought for the sams

bodies politic or corporate, having, or claiming to have any demand

demand.

upon or against the said South Australian K i n g Associiltion shall

bring

bring more than one action or mi t in case the merits shall have been tried in such actiov~ or suit in respect of sue11 demdncl, and the proceedings in a y action or snit by or asaiiist such Secretary or other officer, for the time being? resident and registered as

may be plcadcd in bar of aiiy other action or actions, suit or suits, for the same demand bv or ap ius t any otllar Secre- tary or othcr officer for the time h&ng, resident end registered as nfbrcsaici, or by or against any Member or Members of' the said Company.

6. And he it Enacted, That the provisions in this Act A C ~ to extend

contailled shall extend and be construed, chnled, and tide11 to an,, ,,,,,, Camp any.

during the continu-

estelltl tlo the said Company a t all times during the coutiuumce of such Colupany, wl~etller the said Company be now or hereafter coinposed of some, all, or any of the prHons who were the origiiml, or are the present Rienhers thereof, or of' a11 or some of those pcrsons together with sovnc other person or persous, or s l d be composed altogetller of persons who were not originally, nor are nonT R'lembcrs of tllc saille.

7. Provitlc.d always, and be it Enacted, That nothing herein A C ~ not ilnperative

contailled shall operate, or he construed, deemed, or talien to ope- On "om~anp.

rate in my m a n n ~ r or form as obligatory upon tlic siiid Yo~ltli

Austmlian Miniug Association, or any of the Directors or Trustees tlzercof, to snc ill t l ~ e name of such Secretary or otllcr o fher for tlle time being resident aiid registered as aforesaid.

Act to be registered, shall hnvc been duly registered as afore- and registry. 8. And be it Enacted, That after any memorial required by this r'roofof memorial

said, it sllall I I O ~ be uecessary, in any action, suit, or otller pro- ceeding, to prove such registry; or that the pcrson whose name is niei~tioiled ixl such iuemorial as the Secretary or other officer who is fbr the time bcing to bc the nominal plaintiff, complaiilant, pe- titioner, defendant, or respondent, for the purposes of this Act,

is such Secretary or othcr officer, and as such cntitlcd to	iiinintnin such action, suit, or other proceeding; b t ~ t that such facts
shall be deemed to he dmitted, unless aiiy other partly to such action, snit, or otller proceeding s l d l desire the production of such memorial, and shall give a t,wo days' pwvious notice in writing of such his desire to the said Secretary or other officer, in which case such memorial or any official copy thereof, certified by t,hc Clerk of the Supreme Court, shall in all such cases be received in evi- dencc as proof of the due registry of such memorial, and that the Secretary or other otficer of the snid South Anst, rd ia~ Mining Association n a n d in such memorial, is such Secretary or other '
officer, and fully and absolutely entitled to maintain or defend such action, suit, or othcr proceeding as nominal plaintiff, complainant, petitioner, defendant, or respondent, without any further proof whatsoever.

9. And be it Enacted, That on the death, resignation, or re-

Q moval

o n B vacancy of	moval of any such Secretary or officer registered as aforesaid, the
within thrco munths.	said South Australian Mining Associatiorr, or the Directors thereof shall, within three morrths after such death, resitgnation, or removal, appoint another Secretary or other officer of the said Company, resident in tlie said Province, who sllall for the purposes of this 4 c t be the nominal plaintiff, complainant, petitioner, defen- dant, or respondent; and shall, immediately after such appoint- ment, cause a mernorial of the name of such Secretary or otlrer officer to be recorded in the Supreme Court within such time ancl in such manner and form as is hereby directed; and if the said Company, or the Directors thereof, shall fail to appoint such Se- cretary or other officer within such time as is before mentioned, the said Company shall wholly forfeit a11 benefit and advantage under or by virtue of this Act.
Any Member may be	10. And be it Enacted, That any thing in this Act not- withstanding it sliall be lawful for any person having any cause of actiorr a&inst the said Con~pany, to sue any person or persons being a Member or Menlbers of tlie said Association, at the time of' the cause of the action arising or being named on the list lust re- corded on oath a t tlie Supreme Court, under the provisions of this Act, before thc raising of such action, and such and the like proceedings and consequences shall and may ensue therefrom, as in the casc of an action trouglit agaiust a Secretary or other officer under this Act.
sued.
No plea of nbatcnlent-	I l. And be it Enacted, That in ally action brought against any one or more Members of the said Association, no pl& in abatement shall be competerlt or allowed by the Court on accourlt of the mu-joinder of other Merrlbers tllereof.
Reimbursement of
Member sued.	12. Provided always, That every such Member against whom an action, suit, or other proceeding shall be brought, instituted, or prosecuted, or against whom executiou shall bc issued, sllall always be reiinbursed out of the funds of tlie said Company, such loss,
proceeding he may sustain, or be put to, and that as between sc- damages, expenses, costs, arid charges as by the event of any such
veral Members of the said Corrrpany h r tlie time being, such coa- tributions shall be had in respect of any such loss, damages, ex- penses, costs, and charges as may ordiiiarily be had between several joiut coutractors, for money yuid by one or more of them on the joiut account+
Names, &C., of Mem-	13. And be it Enacted, That the Secretary or other officer afore- April, one t%housand eight hundred and fifty-two, and within ten clays from the sixteenth day of April in every sacceedine; year, cause a true list of the names of all the Members of such horn- pally, with thcir respective places of abode and description (so far as such names and places of abode and descriptiorr shall be known to
hers to bc recorded	. said of the said Company, shall, on or before the sixteenth day of
annually.
such Secretary or other officer aforesaid) to be recorded ou declaration

Secretary, to re-elect

in

ill the office of the Supreme Court (which declaration any Judge of the said Supreme court is hereby authorised to take), 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; ztlld if any Secretary or other officer aforesaid of the said Corn- panv shall f d to came such list to ix recorded in manner afore- sei4 he shall he liable to a penalty of Fiftv Pounds, to he re- cowred by action of debt in the said ~ufreme Court by any person suing for the same.

14. And be it Enacted, That every person whose name shall be so recorded shall be considered a Member of the said Company,	considered Members
person^ so recorded
till n e ~ list notified.
ancl be liable to be sued as such until a new list of the Members'
names shall be recorded as aforesaid, or until he shall have given notice of his retirement ill the South Aust~alim Government
Gazettel
1.5. Provided always, and be it Enacted, That rlotlling herein contained shall extend, or he deemed, tiken, or construed to mtend	Compan y not incor- porated, &C., by this
Act.
to incorporate the Members or Yroprietors of the said C'ompnny, or
to rclieve or discliurge thein, or any of them, or the said Company, or any of the partners tllereof, from any responsibility, duties, con- tracts, or obligations whatsoever, md~ich by law they now are, or at any time hereafter shall be sul~jcct or liable to arise between the said Company and others, or bctveen the individual Members of the said Company, or any of them, ancl others, or among them- sclvcs, or in any other manner whatsoever, excepting so far as the same is or are eeected by this Act, and the true intent and

r~leaning of the same.

16. Provided always, and be it Enacted, That in case any Act of dot to

Parliament shall have been, or shall be passed in favor of; or any ~ c t of Parliament or

Clmiter of Incorporation shall have been, or sllall be gmmted by ob,,u,d	Charter to bc
Her Majesty to the said South Australian Mining Association, this Act and the ri&ts, remedies, and liabilities under the same

s ld l cease and determine when and so soon as ~ u c h Act of Par-

liament or Chrter of Incorporation shall take effect in the said

I'r ovince.

17. Provided always, and be it Ena~t~cd, That nothing in this Saving rights of Her

Act contained shall be deemed to affect or apply to any right, &rajest~	and others.
title, or interest of Her AIajesty, her heirs and successors, or of any body or bodics politic or corporate, or of any other pcrson or persons, excepting such as are mentioned therein, or of those claiming by or under him or them.

18. And be it Enacted, That this Act slzall be printed by ~ c t to bc takcn notice

authority of His Excellency the Governor and Legislative Council of judicially.

of the said Province, and that a copy thereof so printcd shall be

adnritted as evidence thereof, and of all facts, matters, and tliings

tllerein recited, or contniued, to he judicially t'alcer ilotiee of by all

Judges, Justices, and others, without being specially pleaded.

19. And

Commencement. 19. And be it Enacted, That this Act shaU commence and

take effect from and immediately after the passing tlicreof.

JOHN MOKPHETT, Speaker.

Passed the Legislative Council this Third day of December, One Thousand Eight Hundred and Fifty-one.

F. C. SINGLETON,

Clerk of Council.

In the name and on the behalf of Her Majesty I assent to this Act

11. E. F. YOUNG,

Lieutenant-Governor.

Government House, Adelaide,

17 th December, l85 1,

SCHEDULE REFERRED TO.

MEMORIAL to be registered in the Su reme Court of the Province of

of the said Province, passed in the fifteenth year of the reign of Her	South Australia, prrsuant to an Act of the 8 overnor and Legislative Council
Majesty Qneen Victoria, and intituled "An Act for facilitating and simplifying proceedings by and againet a certain Joint Stock Company called the Sonth Australian Mining Association, and for other purposes therein mentioned.

The names of the Directors of the said Company are

The names of the Trustees of the mid Company are

The name of the Secretary (or officer, as the case may be) of the said Company, resident in South Australia, and who, in pursuance of the said Act, is to be the nominal Plaintiff, Complainant, Petitioner, De- fendant, or Respondent, is

Dated this	day of	18
(Signature of the Directors and Secretary, or officer, as the cave may be.)

I, of

in the Province of South Australia, truly declare

that the foregoing was signed in my presence by the above-named Directors, and by the Secretary (or officer, as the case may be) whose name appears thereto.

Taken and subscribed this day of

18, before me,

\. = _ _ I _ _ - -

ADELAXDB: Printed by authority b y L . ' C

R