New South Wales: Australian Agricultural Company Act 1866 (NSW)

Pew South Wales, ANNO VICESIMO NONO VICTORIA REGINA. An Act to enable the Australian Agricultural svemuns som Company to sue and be sued in the Colony = by their corporate name. [7th April, 1866.] TIEREAS by an Act of the Imperial Parliament made and Preamble passed in the fifth year of the reign of His late Majesty King George the Fourth intituled "An Aet for granting certain "nowers Imperial Act 5 «and authorities to a Company to be incorporated by Charter to be $5 3% fare. "called the 'Australian Agricultural Company' for the cultivation " and improvement of waste lands in the Colony of New South Wales " and for other purposes relating thereto"' it was among other things see. 1. enacted that in case ITis said Majesty should within three years after the passing of the said Act be pleased by Charter under the Great Seal of Great Britain to declare and grant that such and so many persons as should be named therein and all and every such other person or persons as from time to time should be duly admitted members into their corporation should be a body politic and corporate by the name of the " Australian Agricultural Company" for the purposes therein expressed then and in that case the said Company should have and enjoy the powers rights and privileges and be subject to the regulations restrictions and conditions of the said Act mentioned and contained And whereas by the second scction of the said Act it was further Sec. 2. enacted that it should and might be lawful for the said Company from time to time to appoint any person or persons to act as and be the agent or agents attorncy or attorneys of the said Company in the said Colony and its dependencies and such appointment from time to time to revoke and recall as occasion might require and that the said Company should be Charter of Incorpora- tion 1 November 1824, 8 Geo. IV c. 86 sec. 2 repealed, * Company to suc and be sued by corporate name. 29° VIC. 1866. Australian Agricultural Company. be and they were thereby authorized to sue and be sued plead and be impleaded at bar or in Equity within the said Colony by and in the name of such agent or agents attorney or attorneys as aforesaid Pro- vided always that every such appointment should be recorded and enrolled in manner therein mentioned And whereas in pursuance of the said Act His said Majesty was pleased by His Letters Patent or Charter under the Great Seal of Great Britain dated at Westminster the first day of November in the year of our Lord one thousand eight hundred and twenty-four and fifth year of His reign to grant and declare that certain persons therein named and all and every such other person or persons as from time to time should be duly admitted as members into their corporation should be a body politic and cor- porate by the name of the " Australian Agricultural Company" and by that name should have perpetual succession and a Common Scal And whereas the mode of legal procedure in this Colony directed by the said second section of the said recited Act has been found most inconvenient and it is desirable that provision should be made for enabling the said Company to sue and be sued by their corporate name Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Walcs in Parliament assembled and by the authority of the same as follows :— 1. The second section of the said recited Act is hereby repealed so far as the same relates to the Colony of New South Wales Pro- vided always that nothing herein contained shall prejudice invalidate or affect any proceedings had commenced or taken under the said section before the passing of this Act. 2. From and after the passing of this Act the said Company shall in the Colony of New South Wales sue and be sued plead and be impleaded in all Courts of Law Equity or other judicature within the said Colony by and in their corporate name of the Australian Agricultural Company and in all proceedings informations indict- ments or prosecutions whatsoever it shall be lawful to state the lands tenements moneys goods effects bills notes securities or other property of whatsoever nature real or personal of the said Company to belong to the said Company by their corporate name and to designate the ' said Company by their corporate name whenever for the purpose of Incorporation or appointment of agents or attorneys need not be proved. Service of process, any allegation in any proceeding whatsoever such designation shall be necessary And it shall not be necessary in any action suit or proceeding civil criminal or otherwise to prove the incorporation of the said Company or the appointment of any agent or attorney at law or in fact for or by the said Company in respect thereof. 3. The said Company shall always have an officer or agent and a place of business in the said Colony the name of which agent or officer and a description of which placc of business shall be registered in the office of the Registrar General and all proccss notices and procecdings against the Company if served on such agent or officer or upon any other principal officcr of the Company in his absence or at such place of business shall be deemed good service upon the said Corporation..