Union Assurance Company Act 1836 No uac (NSW)

ANNO SEPTIMO

GULIELMI IV. REGIS.

An Act to enable the Proprietors of a certain Company carried on in the Town of Sydney in the Colony of New South Wales under the name style and firm of " The Union Assur­ ance Company of Sydney " to sue and be sued in the name of the Chairman of the said Com­ pany for the time being and for other pur­ poses therein mentioned. [11th August, 1836.]

firm of " The Union Assurance Company of Sydney" for the purposes of WH E R E A S several persons have formed themselves into a com­pany or society established in Sydney under the name style or

effecting maritime insurances and insurance against fire and all other risks upon vessels and goods in harbour and discounting of bills and promissory notes And whereas difficulties may arise in recovering debts due to the said company and in maintaining actions or proceed­ ings for damages done to their property and also in prosecuting persons who may steal or embezzle the bills notes bonds mortgages moneys goods chattels or effects of the said 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 but as these purposes cannot be effected without the aid and authority of the Legislature Be it therefore enacted by His Excellency the Governor of New South Wales with the advice of the Legislative Council That from and after the passing of this Act all actions and suits and all proceedings at law or in equity to be commenced instituted and prosecuted or carried on by or on behalf of the said com­ pany or wherein the said company is or shall be in any way concerned against any person or persons body or bodies politic or corporate or whether a member or members of the said company or otherwise shall and may be lawfully commenced instituted and prosecuted or carried on in the name of the person who shall be Chairman of the said company at the time any such action suit or proceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioner for or on behalf of the said company and that all actions suits or proceedings aforesaid to be commenced instituted or prosecuted against the said company shall be commenced instituted and prosecuted against the Chairman for the time being of the said company as the nominal defendant for and on behalf of the said company and that 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 or stealing the bills notes bonds moneys goods chattels effects or property of the said company or for any felony misdemeanor

misdemeanor or other offence in which the said company may be con­ cerned it shall be lawful to state the property of the said company to be the property of such Chairman for the time being 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 Chairman for the time being of the said company and any offender or offenders may thereupon be lawfully convicted of any such offence and the death resignation or removal or other act of such Chairman shall not abate any such action suit or prosecution but the same may be continued where it left off prosecuted and carried on in the name of any person who may be or become Chairman of the said company for the time being.

2. And be it further enacted That a memorial of the name of the Chairman of the said company in the form or to the effect for that purpose set forth in the Schedule hereunto annexed signed by the said Chairman of the said company and by a majority of the other directors of the said company shall be recorded upon oath in the Supreme Court of New South Wales within thirty days after the passing of this Act and when and as often as any director of the said company shall be newly elected Chairman thereof a memorial of the name of such newly elected Chairman in the same form or to the same effect as the above-mentioned memorial signed by such newly elected Chairman and by a majority of the several other persons who shall be directors of the said company at the time of the election of such new Chairman shall in like manner be recorded upon oath in the said Supreme Court within thirty days next after such Chairman shall bo elected.

3. Provided always and be it further enacted That until such memorial as hereinbefore first mentioned be recorded in the manner herein directed no action suit or other proceeding shall be brought by the said company in the name of the Chairman of the said company as aforesaid under the authority of this Act.

4. Provided always and be it further enacted That in all actions suits petitions or other proceedings in which the said Chairman for the time being shall be on behalf of the said company and under and by virtue of this Act plaintiff complainant or petitioner or defendant it shall and may be lawful for the said Chairman for the time being or for the Secretary or any other officer engaged in the executive duties of the said company to give evidence in such action suit petition or other proceeding notwithstanding the name of such Chairman for

the time being shall be used as plaintiff complainant petitioner or	defendant and notwithstanding that such Chairman for the time being
or Secretary or other officer aforesaid shall or may be interested in the result of such action as a shareholder or copartner in the said company.
5. Provided always and be it further enacted That execution upon any decree or judgment in any such action suit petition or other proceeding obtained against the Chairman for the time being of the said company whether he be plaintiff or defendant therein may be issued against and levied upon the goods and chattels lands and tene­ ments of any member or members whomsoever of the said company for the time being in like manner and not otherwise than as if such decree or judgment had been obtained against such member or members personally Provided always that every such Chairman in whose name any such action suit petition or other proceeding shall be commenced prosecuted carried on or defended and every such member or members against whose goods and chattels lands and tene­ ments execution upon any judgment or decree shall be issued or levied as aforesaid shall always he reimbursed and paid out of the

funds

funds of the said company all such damages dues expenses costs and charges as by the event of any such proceedings such Chairman or member or members shall or may be put unto or become chargeable therewith and all 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.

6. And be it further enacted That the provisions in this Act contained shall extend and be construed deemed and taken to extend to the said company at all times during the continuance of the same whether the said company be now or hereafter composed of some all or any of the persons who were the original or are the present mem­ bers thereof or of all or some of those persons together with some other person or persons or shall be composed altogether of persons who were not original nor are now members of the same.

7. Provided always and be it further enacted That nothing herein contained shall extend or be deemed taken or construed to extend to incorporate the members or proprietors of the said company or to relieve or discharge them or any of them from any responsibility duties contracts or obligations whatsoever which by law they now are or at any time hereafter shall be subject or liable to either between the said company and others or between the individual members of the said company or any of them and others or among themselves or in any other manner whatsoever except so far as the same is affected by the provisions of this Act and the true intent and meaning of the same.

8. And be it further enacted That all bonds mortgages warrants of attorney and other securities not being assignable in law which have been or which shall or may at any time hereafter be taken in the name of any person as Chairman of the said company for or on account of the said company shall and may be put in suit and be held sued or prosecuted upon at law or in equity in the name of the Chairman in whose name the same may have been taken or in the name of any person who shall or may succeed to that office and be the Chairman of the said company at the time such proceeding or proceedings shall be instituted notwithstanding the name of any such succeeding Chair­ man be not inserted in such bond mortgage warrant of attorney or other such security as an obligee mortgagee assignee or payee of the sum or sums of money therein mentioned and the death resignation removal or other act of any such Chairman of the said company for the time being in whose name any such bond mortgage warrant of

abate any action suit or other proceeding had thereon but the same	attorney or other security as aforesaid shall be so put in suit shall not
may be continued where it left off and be prosecuted and carried on in the name of any person who may succeed to that office or be or become the Chairman of the said company for the time being and the legal estate in all lands and tenements belonging or mortgaged to the said company and all legal rights and capacities in respect of the said company shall become vested in such new Chairman as aforesaid to all intents and purposes immediately upon the recording of the memorial of the name of the new Chairman in the said Supreme Court and so on toties quoties whensoever any new appointment or election of a Chairman for the time being of the said company shall take place and such new memorial thereof shall be enrolled as aforesaid.
9. And be it further enacted That in any action to be brought by any Chairman of the said company by virtue of this Act the plaintiff therein shall not be nonsuit nor shall a verdict be given against the plaintiff for want of proof of the record of such memorial or memorials as hereinbefore mentioned but in case the defendant in any such action shall make it appear on such trial that no such

memorial

memorial or memorials have been recorded then a nonsuit shall be
entered in such action.

10. Provided always and be it further enacted That nothing in this Act contained shall be deemed to affect or apply to any right title or interest of His Majesty His 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.

11. And be it further enacted That this Act shall not com­ mence or take effect until the same shall have received the Royal approbation and the notification of such approbation shall have been made by His Excellency the Governor for the time being in the

New South Wales Government Gazette.

12. And bo it further enacted That this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded.

SCHEDULE R E F E R R E D TO.

MEMORIAL of the name of the Chairman of " T h e Union Assurance Company of S y d n e y "
to be recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor and Council passed in the seventh year of the reign of His Majesty King Will iam the Fourth inti tuled " An Act to enable the Proprietors of a certain Company carried on " in the town of Sydney in the Colony of New South Wales under the name style and firm " of ' The Union Assurance Company of Sydney' to sue and be sued in the name of the " Chairman of the said Company for the time being and for other purposes therein " mentioned."

A. B. Chairman.

C. D. N. 0 .

E . F . P . Q.

G. H. Directors. R. S.

I. K . T. U.

L. M.. V . W .

of Sydney gentleman of the above-

named company maketh oath and saith that he was present and did sec the foregoing memorial signed by the above-named Chairman and Directors respectively whose names appear thereto.

Sworn this

day of 183 .

ANNO