Sydney Banking Company Act 1840 No sbc (NSW)

88 4̂ ’ VIC. 1840.

Sydney Banking Company.

An Act to simj l̂ify Proceedings at Law or in Equity by or against “ The Sydney Banking Company ” and for other purposes therein mentioned. [1st September, 1840.]

Preamble.	"fTTHEREAS a banking company canying on business under the
V V style and firm of “ The Sydney Banking Company” is established
in this Colony and it is expedient to simplify proceedings at law or in

Actions &c. by	equity commenced by or against the said company Be it thereforti
company to be in
tlie name of tiie	enacted by His Excellency the Governor of Isevi South Wales with
Manager.	the advice of the Legislative Council thereof That from and after the passing of this Act every action suit or proceeding at law or in equity to be commenced or prosecuted by or on behalf of the said company against any person or persons (whether a member or members of such company or otherwise) or against any body or bodies politic or corpo­ rate for recovering any debt due to or enforcing any claim or demand of the said company or relating to any matter connected with the concerns of tlie said company shall he commenced and prosecuted in the name of the Manager for the time being of the said company as the nominal plaintiff complainant or petitioner on behalf of the said company and that all actions suits or proceedings as aforesaid to be commenced or prosecuted against the said company shall be commenced instituted or prosecuted against the Manager for the time being of the said company as the nominal defendant for and on behalf of tlie said company and in all criminal prosecutions to be instituted or carried on by or on behalf of the said company for fraud upon or against the said company or for embezzlement robbery stealing or counterfeiting tlu! bills notes bonds moneys effects or property of the said company or for any felony misdemeanor or other offence in which the said company shall or may be concerned it shall be lawful to state the property of the said company to be the property of such Manager for the timi; being of the said company and any offender or offenders may be theriv
abate on account
Proceedings not to	upon lawfully convicted of any such offence and that neither the death
of the deatb &c. of	resignation suspension or removal of such Manager shall abate or pre­
Manager.	judice any such action suit or proceeding but the same may be con­ tinued in the name of the next or any succeeding Manager for the time being of the said company Provided nevertheless that the body or goods lands or tenements of such Manager shall not by reason of his being defendant in any such action suit or proceeding be liable to be arrested seized or taken in execution And provided further that all costs and expenses to be incurred by such Manager in prosecuting or defend­ ing any actioji or suit for or on behalf of the said company shall be defrayed out of the funds of the said company.

Memorial of names	2.	And be it enacted That as soon as conveniently may be after
of Manager and

directors to be re­	the passing of this Act and from time to time upon or as soon as con­
corded in Siijireme
Court.	veniently may be after the appointment of any new Manager of the said company a memorial in Avriting shall be recorded in the Supreme Court of IŜ ew South Wales Avherein shall be set forth in Avords at length the style and firm of the said company and the Christian and surnames additions and places of abode of the Manager and of every director for the time being of the said comj)any in the form or to tin; effect set forth in the Schedule to this Act annexed and that every such memorial shall be signed by the Manager for the time being of the said company and l)y three of the directors therein named and

verified

1840. 4 VIC. 89

Sydney Bankiny Company.

verified bj'’ tlie oath of the said Manager (made before tbe llegistrar or some Commissioner of tbe said Court) that tbe same; contains a true acconnt of tbe, sevc'ral ])ai'ticulars therein set forth to t he best of tin; knowledge and belief ol' tlu; deponent.

3. And be it enacted That until the first of such memorials so no proccciiing toi.r

verified shall be recorded as aforesaid no action suit oi- other jwocec'd-

ing at law or in equity shall be commenced I'or or on bebalf of tbe memon:ii .luiy

said company under the provisions of this Act and unh;ss su(;Ii

memorial shall be from tinu; to time recorded as aforesaid within tlu;

s])ac(; of thirty days after the ajjpointment of any new Manag(;r as

afor(;said no action suit or otlu'r pro(*ccding as aforesaid shall be eom-

menecd or if commenced shall l)c continued I'or or on behalf of the

said company until tlu; memorial hereby rcquii-ed upon such a])j)oint-

ments respectively shall 1m; duly recoi'dcd.

4. And be it enacted That in any action to be brought by any I'lainim in any

Manager of the said company by virtue of tins Act the phiintilf i“nlsuiirci lo'r

ther(;in shall not be nonsuited nor shall a verdict be i îven against t h e o t

o o i i i u i i i o r i u l

])laintilf for want ol' proof of the record of such memorial as herein-	’
i)cfor(; mentioned but in case tlu; defendant in any such action shall inak(; it appear on such trial that no such memorial has been recorded then a nonsuit shall be entered in such action.

5. And be it enacted That in all actions suits petitions or Meager or otiia other proceedings in which the said Manager for the time being shall cv!do'nec'’jiot'with- b(; on behalf of the said company plaintiff complainant petitioner or

defendant it shall and may be lawful for such Manager or for any other officer engaged in tlu; executive duti(;s of the said company to give evidence in any sneh action suit or other proceeding notwith­ standing that the name of such Manager shall be used as plaintiff complainant petitioner or defendant and notwithstanding that such Manager or other officer may be interested in the result of such action suit petition or proceeding as a shareholder or copartner in the said company.

0 . And be it enacted That execution upon any iudgment o r “w

, . 1 j i '* ’ -1 • ^ 1 1 • T against individual

decree in any sucli action suit petition or other proceeding* obtained against the Manager for the time being of the said company whether he be plaintilf or defendant therein may be issued against and levied upon the goods chattels lands and tenements of any member or members whomsoever of the said company in like manner as if such judgment or decree had been obtained against such member or mem- l)crs personally.

7. And be it enacted That for the purpose of giving bett(;r

time being of the said company shall within thirty days from

passing of this Act and thercalter in the month of January in each

year cause a true list of the names of all the then existing members of

such company with their respective places of abode and descriptions

to be recorded on oath in the office of the llegistrar of the Supreme

(dtcct to the provision last hereinbefore contained tbe Manager for the in tiieomcout-Rcgia- by any person requiring the same on payment of a fee of one shilling and if such Manager shall fail to cause such list to be recorded in the manner aforesaid he shall be liable to a penalty of one hundred ])ounds to be recovered by action of debt in the said Supreme Court by any person or persons suing for the same.

8. And be it enacted That every person whose name shall be so recorded shall be considercxl a member of the said company and u> n t

Im ; considi icd ;i"

be liable as such until a new list of the members’ names shall be IlXlecmXa or'imtii recorded as ai'oresaid or until he shall bave given notice in tbe JSem iic or siie niiaii ii.ivo South Wales Gor/ernmenl Gazette of Ins or her retirement from the

said compaidy Provided always that every such Manager in whose name retirtment.

90 VIO. 1840.

Sydney Banking Company.

name any action suit petition or other proceeding shall be commenced prosecuted carried on or defended and every such member or mem­ bers against whose goods chattels lands or tenements execution shall he so issued as aforesaid shall always be reimbursed and paid out of the funds of the said company all such damages costs and expenses as by the event of any such proceedings such Manager or member or members shall or may be put unto in respect thereof and aU such remedies shall be allowed as between the several members of the said company for the time being as if this Act had not been passed.

Bonds &c. taken in

tlie name of preced­ 9. And be it enacted That all bonds warrants of attorney and

ing Manager may be	other securities not assignable in law which have been or shall or may
put in suit by
Manager for the time	at any time hereafter be taken in the name of any person as Manager
being.	of the said company for or on account of the said company shall and may be put in suit and be sued or prosecuted upon at law or in equity in the name of the Manager for the time being of the said company and the proceedings instituted upon or in respect of such bonds warrants of attorney or other securities shall not abate by reason of the death suspension or removal of any such Manager pending such proceedings but the same may be continued prosecuted and carried on in the name of the succeeding Manager to be recorded in the memorial hereinbefore provided in that behalf and so on from time to time whensoever any new appointment or election of a Manager shall take place and such new memorial thereof shall be recorded as aforesaid.
Saving the rights of
Her Majesty and	10. Provided always and be it enacted That nothing in this Act contained shall be deemed to affect or apply to any right title or interest of Her Majesty Her Heirs or Successors or of any body politic or corporate or of any other person or persons excepting such as are mentioned therein or of those claiming by or under him her or them.
others.
effect until it shall
Act not to take	11. And be it enacted That this Act shall not commence or and the notification of such approbation shall have been made by order of His Excellency the Governor for the time being of the said Colony in the New South Wales Government Gazette.
have received the	take effect until the same shall have received the Iloyal approbation
Royal approbation.
Act to he a public
Act.	12. And be it enacted That this Act i shall be deemed and taken to be a public Act and shall be judicially taken notice of as such in all cases without being specially pleaded.

SCHEDULE.

A Memorial of the names additions and places of abode respectively of the person and persons respectively who upon this day of 18 are respectively Manager and Directors of the company carrying on business under the style and firm of “ The Sydney Banking Company ” to bo recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor of New South Wales with the advice of the Legislative Council thereof passed in the fourth year of the reign of Her Majesty Queen Victoria intituled “ An Act to simplify Proceedings at Law or in Equity hy or against ‘ The “ Sydney Banking Company and fo r other purposes therein mentioned^

N a m e s . T r a d e o r P r o f e s s i o n . P l a c e o p A b o d e .

A. B. Director

C. D. ditto

E. F. Manager.

A. B .l

C. D. V Directors.

G. H. j

E. F. of Manager of the Sydney Banking Company maketh oath and

saith that the above-written memorial contains a just and true account of the several

particulars therein set forth to the best of this deponent’s knowledge and belief.

Sworn before me 1

this day of 18 J E. F. Manager.