Union Bank of Australia Act 1839 No uba (NSW)

U nion Bank. An Act for facilitating Proceedings by and against a certain Banking Company called “ The Union Bank of Australia” and for other purposes therein mentioned. \Bth September,

' 1839.]

Preamble.

\ \ J HEREAS a joint stock company was some time since formed W in London under the style or firm of “ The Union Bank of

Australia ” for the purpose of carrying on the business of banking in its various branches in the Australasian Colonies and the said bank is now fully established in the two Colonies of New South Wales and Van Diemen’s Land having branch banks in the towns of Sydney Hobart Town Launceston and Melbourne where the said company discounts bills issues notes and transacts all the ordinary operations of that business And whereas the joint stock of the said company is held by proprietors partly residmg in Great Britain and partly in tin; said Colonies of New South Wales and Van Diemen’s Land And whereas the said bank as to the said Colonies is under the manage­ ment and superintendence of an Inspector appointed by the Directors of the said company in London and of Local Boards of Directors resident respectively at Sydney and Melbourne in the said Colony of New South Wales and at Hobart Town and Launceston in Van Diemen’s Land each Board having its Chairman such Directors being severally shareholders in the said company possessing twenty shares or upwards in their own right who conduct and superintend the affairs of the said company in the discounting of bills receiving of deposits issuing notes and otherwise carrying on the said business 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 also to provide an easy remedy against the said company and the several proprietors of shares therein for moneys that may be due to them also for facilitating any prosecution that may hereafter be insti­ tuted by the said company it is expedient to simplify all proceedings both at law and in equity by or against the said company by allowing one member thereof to sue and be sued in the place and stead of the

Company to sue in	whole which cannot he effected without the aid and authority of the
Legislature Be it therefore enacted by His Excellency the Governor
spector or a local
Director.	of New South Wales with the advice of the Legislative Council thereof

the name of In­

That

1839.   3“ VIC.

Union Bank.

That all actions or suits against any person or persons indebted to the said bank whether a member thereof or otherwise and all other pro­ ceedings at law or in equity to be instituted or prosecuted by or on behalf of the said bank or wherein tlie said bank is or shall be in any way concerned against any person or persons body or bodies politic or corporate shall and may be lawfully instituted and prosecuted in the name of the Inspector for the time being of the said bank and in the (went of his death or absence from the said Colony in the name; or names of any one of the Board of Directors in Sydney at the time any such action suit or other proceeding shall be instituted as the nominal plaintill’ complainant or petitioner for and on behalf of the said bank and that all actions suits and other proceedings at law or in equity to be (!ommenced instituted and prosi'cuted against the said bank shall be instituted and prosecuted against the said Inspector or one of the said Directors for the time being of the said Board of Direction in Sydney as the nominal defendant for and on behalf of tlic said bank and that in all prosecutions to bo insti­ tuted or carried on by or on behalf of the said bank for fraud upon or against the said banking company or for embezzlement Ibi’gery robbery or stealing or oth('r offence against the said company or any felony or misdemeanor in which the said company shall be concerned it shall be lawful to stat(! tlie propendy of Hie said comj)any to be the ])roperty of sucli Insp(;ctor or Director for the time being of the said Board of Direction in Sydney and any olfence committed with intent to injuia; or defraud the said bank shall and lawfully may in such prosecutions or proceedings b(; stated or laid t o liave been committed with intent to injure or defraud such Inspector or Director for tln ̂ time being of the said company and any offender or offenders may thercuj)on be lawfully convicted of any such offence and generally that in all cases wherein it would otherwise have been necessary to mention the names of the members composing the said company it shall be sufficient to use the name of such Inspector or Director for the time being of the Board of Direction in Sydnciy.

2. And be it (jnacted That nenther the death resignation nor Proceedings [not to

removal of any such Inspector or Director for the; time being shall tue'î arfy'tTtllc'si

suit.

abate or prejudice any such action suit prosecution or proceeding but the same may he continued in the name of the next or other succeed­ ing Inspector or Director for tin; time being of the said bank Provided always that no second suit action or other proceeding shall be at any time commtmced by or against any such Inspector or Director for the same cause of action where the merits shall have been tried and decided in the first suit or action.

3. And ho it enacted That a memorial of the name of the Memorial of name Inspector of the said bank and also of all the Directoi's for the time î ocarDirect’̂ors to being of the Board of Direction in Sydney in the form of or to the registered,

effect set forth in the Schedule hereto annexed signed by the said Inspector and by each of the Directors of the Board in Sydney shall bc 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 person shall be newly elected Inspector or Director of the said Board of Directors in Sydney a memorial of the name of such newly elected Inspector or Director in the same form or to the same effect as the above-meiftioncd mimiorial signed by such newiy chaffed Inspector or Director shall in like manner be recorded upon oath in the said Supreme Comff within thirty days next after such new Inspector or Director shall be elected Provided ahvays that until such memorial as hercinb(ffor(! first mentioned shall b(' la'cordcd in the manner herein directed no action suit or other proceeding shall b(; instituted or prosecuted by the said bank under the authority of this Act.

‘ 4 .

3" VIC.	1839.
Union Bank.

Names of the then 4. And wliereas also it is deemed expedient and necessary that

thrcompTn™and names residences and descriptions of all the members of the said

their places of abode hanking Company should be recorded for public information Be it

to be recorded ill the ~ — _ _ ~ - . . .

Supreme Court of	enacted That the Inspector for the time being shall within thirty days
New South Wales.	after the passing of this Act and within fifteen days from the first day of July in each succeeding year cause a true list of all the then existing members of the said company witlr their respective places of abode (as far as the same may be known to him) and descriptions to be recorded in the Supreme Court of Kew South Wales 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 such Inspector of the said company shall fail to cause such list to be recorded in manner aforesaid he shall Ije 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.
Partners and officers
of the hank compe­	5. And be it enacted That any person whose name shall be so recorded shall be considered a member of the said company and be liable to be sued as such until a new list of the members’ names shall be recorded as aforesaid or until he shall give notice of his retirement in the Neio South Wales Government Gazette Provided always that in all actions suits prosecutions or other proceedings in which the said Inspector or Director for tlu' time being of the Board of Direction in Sydney shall be on behalf of the said bank and under and by virtue of this Act plaintiff complainant petitioner or defimdant it shall and may be lawful for the said Inspector or Director or for any other otficer engaged in the executive duties of the said bank to give evidence in such action suit petition or other proceeding notwithstanding such Inspector or Director for the time being or other otficer aforesaid shall or may be interested in the said action as a shareholder or copartner in the said bank or otherwise.
tent witnesses.
Attested copy of
deed of copartner­	6. And be it enacted That a copy of the deed of copartnership true transcript of the original deed of copartnership and settlement of the said comj)any shall be registered with the Ilegistrar of the Supreme Court of the said Colony within thirty days after the passing of this Act 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 such inspector shall fail so to register such attested copy of the original deed of copartnership and settlement of the said company as 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.
ship and settlement	and settlement attested by the Inspector for the time being to be a
to be registered in
the Supreme Court.
Judgments in any

suit &c. brought 7. And be it enacted That every judgment decree or order

under this Act to	in any action suit or other proceeding at law or in equity against
ers in the same
affect all sharehold­	any such Inspector or Director for the time being as aforesaid shall
manner as if	have the same effect and operation upon the joint stock and property
them individually.
obtained against	of the said company and the persons and separate property of every shareholder or ju’oprictor thereof as if every such shareholder or pro­ prietor had been party to such action suit or proceeding and such judgment decree or order had been obtained against him or them jointly and severally and may be enforced accordingly against either such joint stock and property or against the persons and separate pro­ perty of any such Inspector or Director for the time being as aforesaid

Party suing for com- 01’ of any ])ropi'ietor or shareholder of the said company Provided

pany to be alwavs that evei’v such Inspector Director proprietor or shareholder

’ shall be reimbursed all such costs damages and expenses as by any such eient of any such suit action or other proceeding he shall sustain and be made liable to out of the joint stock and funds of the said company or in failure thereof out of the separate funds and pro-

• " perty

1839.	3̂ YIC.	73
Union Bank.

jK'i'ty of tlie other members of the said company in due proportion as

in ordinary eases of copartnership.

S. And be it enacted That this Act and the powers and pro-Act u> extend

visions herein contained shall at all times extend to the said company "

and every person who shall he a member thereof for the time hein:^

at whatever time he may have become a member of the said company

and Avhether originally a member thereof or not.

9. Provided always and lie it enacted That nothing in this Act Act not to affect the

contained shall he deemed toaflector apply to any right title or inter­ est of Her Majesty Her Heirs and Successors or of any body or bodies politic or corporate of any person or persons excepting such as are mentioned therein or of those claiming by from or under him or thtan.

10. Provided aln ays and he it enacted That nothing herein <-'c™p«>vv net‘ncor-

eontained shall extend or he construed to incorporate the members of	l	> n	.
th(“ said company or to rtdieve or discharge them or any of them from any responsibility dut} contract or obligation whatsoever which by law they noiv are or at any time hereafter shall he subject or liahh^ to either between 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 atfected by the provisions ol‘ this Act and the true intent and meaning of the same.

11. And he it enacted That this Act shall not commence or

take effect until the same shall have received the Royal approbation ai,au receive ti.e'*'"'’

and the notification of such approbation shall have been made by

His Excellency the Governor in the Neio South Jp’'ales Government

Gazette.

12. And he it enacted That when and as soon as this Act shall This Act to be

have received the Royal approbation and the notification of such approbation shall have been made as aforesaid by His Excellency the Governor in the Ncio South JVales Government Gazette this Act shall he deemed and taken to he a public Act and shall he judicially taken notice of as such by the Judges of the Supreme Court of Neav South Wales and by all other Judges Justices and others within the Colony of New South M'ales and its dcpiendencies without being specially pleaded.

SCIIEHULE REPERREH TO.

Mkmori.xi. of the name of the Inspector of “ The Union Bank of Australia” and of the

Directors for the time being of the Jloard of Directors in Sydney of the said bank to be recorded in the Supreme Court of New South Wales pursuant to an Act of the (governor and Council passed in the third year of the reign of Her Majesty Queen Victoria intituled “ An Act for facilitating lAoceedings hg and vgainst a certain Bunking Uompani/ called ‘ The “ ITnioti Bank uf Australia' ” and for other purposes therein mentioned.

A. B.	Inspector.
C. 1). )
E. E. f	Directors.
G. H 3

of Sydney in the Colony of New South Wale.s gentleman maketh oath and saith that he was present and did see the foregoing memorial .signed by the above-named Inspector and Directors re.spectively whose names appear thereto.

Sworn this ]

day of j

An