New South Wales: Alliance Marine Fire and Life Assurance Company Act 1839 3 Vic (NSW)

ALLIANCE MaRINE Fire anp Lirr ASSURANCE COMPANY. Preamble. Actions at law &e. to be in the name of the Chairman. 3° VIC. 1839. Alliance Marine Fire and Life Assurance Company. ANNO TERTIO VICTORIZ REGINA. An Act for facilitating Proceedings by and against the Sydney Alliance Marine and Fire and Life Assurance Company. [28th August, 1839.] HEREAS several persons have formed themselves into a com- pany or society established at Sydney under the name style or firm of "The Sydney Alliance Marine and Fire and Life Assurance Company" for the purpose of effecting marine insurances of vessels in harbour and at sea and of the cargoes and property in and on board the same and also assurances upon life and also for the purpose of effecting insurances against loss or damage by fire and against other risks and also for the purpose of employing the accumulating funds belonging and which may hereafter belong to the said company and in the hands of the directors in the discounting of bills of exchange and promissory notes and in loans upon real or other security within the said Colony And whereas 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 moneys goods chattels or effects of the said company And whereas it would he con- venient 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 thereof 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 prosecuted or carried on by or on behalf of the said company 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 Board of Directors of the said company at the time any such action suit or pro- ceeding 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 as 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 Board of Directors of the said company as the nominal defendant for and on behalf of the said company and that in all criminal prose- cutions to he instituted or carried on by or on behalf of the said com- pany for fraud upon or against the said company or for embezzlement robbery or stealing the bills notes honds moneys goods chattels effects or any other property of the said company or "for any felony misde- meanor or other offence in which the said company shall sustain any loss 1839. 3° VIC. 67 Alliance Marine Fire and Life Assurance Company. loss or damage it shall be lawful to state that such bills notes bonds moneys goods chattels effects or any other property of the said company to be the property of such Chairman for the time being of the Board of Directors of the said company notwithstanding it shall be proved at the trial that the same belongs to 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 Board of Directors 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 and be prosecuted and carried on in the name of any person who may be or become Chairman of the Board of Directors of the said company for the time being and that where it shall be necessary for any person to serve any summons notice writ or other proceedings at law or in equity upon the said company service thereof respectively shall be made upon such Chairman for the time being or at his usual place of abode. 2. And be it enacted That a memorial of the name of the Memorial of the. Chairman of the Board of Directors of the said company in the form pian to be recorded or to the effect for that purpose set forth in the Schedule hereunto it the Supreme annexed signed by the said Chairman of the Board of Directors of the Wales and renewed said company and by a majority of the other directors of the said (en any new company shall be recorded upon the oath of the Seeretary of the said elected. company for the time being 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 duly elected Chairman thercof a memorial of the name of such newly elected Chairman in the same form or to the same effect as the above-men- tioned 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 the oath of the Secretary of the said company for the time being in the said Supreme Court within thirty days next after such Chairman shall be elected. 3. Provided always and be it enacted That until such memorial No action to be as hereinbefore first mentioncd be recorded in the manner herein preventyetl y. directed no action suit or other proceeding shall be brought by the said company in the name of the Chairman of the Board of Directors of the said company as aforesaid under the authority of this Act. 4. Provided always and be it enacted That in all actions suits Chairman 'and other petitions or other proceedings in law or equity in which the said tors of the company Chairman for the time being shall be on behalf of the said company competent witnesses. 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 a director auditor treasurer secretary clerk or any other officer engaged in the executive duties of the said company or for any proprictor of the said company to give evidence in such action suit petition or other procceding notwithstanding the name of such Chairman for the time being shall be used as plaintiff complainant petitioner or defendant and notwithstanding that such persons giving evidence as aforesaid shall or may be interested in the result of such action as a member of the said company. 5. Provided always and be it enacted That execution wpon any Execution upon any decree order or judgment in any such action suit petition or other {eT runy ayy proceeding obtained against the Chairman for the time being of the member of the Board of Directors of the said company whether he be plaintiff or ee eat defendant gaiust the other members &c. 68 3° VIC. 1839. Alliance Marine Fire and Life Assurance Company. defendant therein may be issued against and levied upon the goods and chattels lands and tenements of any member or members whom- soever 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 tenements 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 Chair- man or member or members shall or may be put unto or become charged 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. Names of the then 6. And be it enacted That the Secretary or other principal fie tgoamand Officer for the time being of such company shall within fifteen days their places of abode from the first day of January in each year cause a true list of the oath in the office of _NAMes of all the then existing members of such company with their Ripe Gent the pespective places of abode and designation to be recorded upon oath within fifteen days in the office of the Registrar of the Supreme Court and that the same from the aay o shall be open for inspection at all reasonable times by any persons year. Liststole requiring the same on payment of a fee of one shilling and if any open for inspection such Secretary or principal officer of the said company shall fail to cause such list to be recorded in manner 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 Provided always that nothing herein contained shall make liable such Secretary or other principal officer to the payment of such penalty for any omission on account of any member changing his name or place of abode or any female member marrying or any member becoming bankrupt or insolvent or departing this life if such Secretary or principal officer shall not have received notice of the same respectively. Persons whose names 5 7. And be it enacted That every person whose name shall be are so recorded to be . . considered members SO recorded shall be considered a member of the said company and be of the company until liable to be sued as such until a new list of the members' names shall notice given inthe be recorded as aforesaid or until he shall have given notice of his Government Gazette. rotiyement in the New South Wales Government Gazette. Act to be at all times 8. And be it enacted That the provisions in this Act contained valid notwithstand- . ing change of mem- Shall extend and be construed deemed and taken to extend to the said bers of the company. company at all times during the continuance of the same whether the said company be now or hereafter composed of some or all or any of the persons who were the original or are the present members 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. Company not in- 9. Provided always and be it enacted That nothing herein corporated by this . ' . 'Act. contained shall extend or be deemed taken or construed to incorporate the members or proprietors of the said company or to relieve or dis- charge 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 cither 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. 10. 1839. 3° VIC. 69 Alliance Marine Fire and Life Assurance Company. 10. And he it enacted That all bonds covenants mortgages Bonds mortgages warrants of attorney and other securities not being assignable in law a be putin suite which have been or which shall or may at any time hereafter be &c. in the name of taken in the name of any person as Chairman or in the name of any the Chai eae director or directors of the said company for or on account of' the though not named said company shall and may be put in suit and be held sucd or * 8" prosecuted upon at law or in equity in the name of the Chairman for the time being of the Board of Directors of the said company notwith- standing the name of any such Chairman be not inserted in such bond covenant mortgage warrant of attorney or other such security as an obligee covenantee mortgagee assignee or payee of the sum or sums of money therein respectively secured and the death resignation removal or other Act of any such Chairman of the Board of Directors of the said company for the time being shall not abate any action suit or other proceeding but the same 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 Board of Directors of the said company and all legal rights and capacities in respect of the said company shall become vested in such new Chair- man 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 éofies quoties whensoever any new appointment or election of a Chairman for the time being of the Board of Directors of the said company shall take place and such new memorial thercof shall be enrolled as aforesaid. 11. And be it enacted That in any action to be brought by Plaintit! not to be any Chairman of the Board of Directors of the said company by proof | it for want of virtue of this Act the plaintiff therein shall not be nonsuit nor shall tl. 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 or memorials has or have heen recorded then a nonsuit shall be entered in such action. 12. Provided always and be it enacted That nothing in this Rights of the Crown Act contained shall be deemed to affect or apply to any right title or — ' interest of 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 herein or of those claiming by or under him her or them. 18. And be it enacted That this Act shall not commence or This Act not to take a . : p . effect until the same take effect until the same shall have received the Royal approbation sialt have received and the notification of such approbation shall have been made by His the Royal assent. Excellency the Governor for the time being in the New South Males Government Gazette. 14, And be it enacted That this Act shall be deemed and taken This Act tobe to be a public Act and shall he 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. SCITEDULE 3° VIC. 1839. Alliance Marine Fire and Life Assurance Company. SCHEDULE REFERRED TO. Memoriar of the name of the Chairman of the Board of Directors of "The Sydney Alliance Marine and Fire and Life Assurance Company" 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 " Proceedings by and against the Sydney Alliance Marine and Fire and Life Assurance " Company." A. B. Chairman. c. D. N. 0. E. F. } P. Q. G. H. Directors. R. 8. IK. e U. L. M. | V.W. of Sydney gentleman of the above-named company maketh oath and saith that he was present and did see the foregoing memorial signed by the above-named Chairman and Directors respectively whose names appear thereto. Sworn this day of 183. }