New South Wales: Australian General Assurance Company Act 1845 9 Vic (NSW)

120 9° VIC. 1845. Australian General Assurance Company. ANNO NONO VICTORIA REGIN &. cox oe An Act to simplify Proceedings at Law or in COMPANY. Equity by or against '' The Australian General Assurance Company" and for other purposes therein mentioned. [27th October, 1845. ] Preamble. WT TEREAS a joint stock company carrying on business under the style and firm of "The Australian General Assurance Company" is established in this Colony and it is expedient to simplify all future proceedings at law or in equity to be commenced by or against the said company Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent 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 corporate for the recovering any debt or property real or personal or enforcing any claim right or demand of the said company or relating to any matier connected with the concerns or business of the said company may be commenced and prosecuted in the name of the Scerctary for the time being of the said company as the nominal plaintiff complainant or petitioncr for and 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 com- menced instituted and prosecuted against the Sceretary for the time being of the said company as the nominal defendant for and on behalf of the 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 the bills notes bonds moneys effects or property of the said company or for any felony misdemeanor or other offence by which the said company or their property shall or may be affected it shall be lawful and sufficient to state the property of the said company to be the property of such Secretary for the time being of the said company and any offender or offenders may be thereupon lawfully convicted of any such offence and that neither the death resignation suspension nor removal of such Scerctary shall abate or prejudice 2 any such action suit or proceeding but the same may be continued in the same name or in the name of the next or any succeeding Sceretary for the time being of the said company Provided nevertheless that the body or goods lands or tenements of such Seeretary shall not by reason of his being the nominal defendant in any such action suit or proceeding be liable to be arrested seized or taken in exccution. Proveedings to be in name of Secretary, 2. 1845. 9 VIC. 121 Australian General Assurance Company. 2. And be it enacted That as soon as conveniently may he after Memorial of style of the passing of this Act and from time to time upon or as soon as conpany aud anes conveniently may be after the appointment of any new Secretary of the directors to be suid company a 'memorial in writing shall be recorded in the Supreme ne ae andyenewed Court of New South Wales wherein shall he set forth the style and appointment of firm of the said company and the Christian and surnames of the *** Sceretary and of every director for the time being of the said company in the form or to the effect set forth in the Schedule to this Act annexed and that every such memorial shall be signed by the Secretary for the time being of the said company and by the directors therein named and shall be verified by the oath of the said Secretary made before the registrar or some commissioner of the said Court that the same contains a true account of the several particulars therein sct forth to the best of the knowledge and helief of the deponent. 3. And be it enacted 'That until the first of such memorials so No action to be verified shall be recorded as aforesaid no action suit or other procced- prought pursuant ing at law or in equity shall be commenced for or on behalf of or rial recorded. against the said company under the provisions of this Act and unless such memorial shall be from time to time recorded as aforesaid within the space of thirty days after the appointment of any new Sccretary as aforesaid no new action suit or other proceeding as aforesaid shall be commenced for or on behalf of the said company until the memorial hereby required upon such appointments respectively shall be duly recorded. 4, And be it enacted That in any action to he brought in the Plaintitr is not to be name of any Secretary of the said company by virtue of this Act the Ain Se plaintiff therein shall not be nonsuited nor shall a verdict he given against the plaintiff for want of proof of the record of such memorial as hereinbefore mentioned but in case the defendant in any such action shall specially plead such defence and on the trial of such action shall make it appear that no such memorial has been recorded then a non- suit shall be entered in such action. 5, And be it enacted That in all actions suits petitions or other Sceretary and other proceedings in which the said Secretary for the time being shall be oa tebe competent on behalf of the said company plaintiff complainant petitioner or witnesses. defendant it shall and may be lawful for such Sccretary or for any other oflicer or director or chairman engaged in the executive duties or management or direction of the said company to give evidence in any such action suit or other proceeding notwithstanding that the name of such Seerctary shall be used as plaintiff complainant peti- tioner or defendant and notwithstanding that such Sceretary or other officer director or chairman may be interested in the result of such action suit petition or proceeding as a shareholder or copartner in the said company. 6. And be it enacted That execution upon any judgment or As to mode of levy- decree in any such action suit petition or other proceeding obtained ine ateconpane against the Secretary for the time being of the said company whether he be plaintiff or defendant therein may be issued against and levied upon the goods chattels lands and tenements of the said company or of any member or members for the time being of the said company when ascertained by writ of scire facias in like manner as if such judgment or decree had been obtained against such member or members personally. 7. And be it enacted That for the purpose of giving better List of members tu effect to the provision last hereinbefore contained the Seen etary for the re weoorded aint time being of the said company shall within thirty days from the rénewed annually. passing of this Act and thereafter in the month of January in cach 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 Q so 122 9° VIC. 1845. Australian General Assurance Company. so far as is within his knowledge to be recorded on oath in the office of the Registrar of the Supreme Court and the same shall be open for inspection at all reasonable times by any person requiring the samc on payment of a fee of one shilling and if such Secretary shall fail to cause such list to be recorded in the manner aforesaid he shall be Penalty. liable to a penalty of onc hundred pounds to be recovered by action of debt in the said Supreme Court by any person suing for the same. Persons recorded as 8. And be it enacted That every person whose name shall be members to b i " 2 . . facie liable as such, Fecorded shall by reason thereof be considered prima facie a copartner of the said company and unless his copartnership be disproved he liable as such copartner until a new list of the names of the copartners shall be recorded as aforesaid or until he shall have given notice in the New South Wales Government Gazette of his or her retirement from the said company or of the dissolution thereof Provided always that every such Secretary in whose name any action suit petition or other proceeding shall be commenced prosecuted or carried on or defended and every such member or members against whose goods chattels lands or tenements execution shall be so issued as aforesaid shall always be Reservation ofreme- reimbursed and paid out of the funds of the said company all such reimbursement con- damages costs and expenses as by the event of any such proceedings tribution &e. such Seerctary or member or members shall or may be put unto in respect thereof and all existing remedies shall be allowed as between the several members of the said company for the time being in addition to those provided by this Act. Choses in action to 9. And be it enacted That all bills notes bonds warrants of be sued upon by oye . ; . Sceretary for time attorney and other securities not assignable in law which have been being and actions or shall or may at any time hereafter be taken by the said company change of Secretary. in the name of any person as Secretary 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 Scerctary for the time being of the said company and the proccedings instituted upon or in respect of such bills notes bonds warrants of attorncy or other securities shall not abate by reason of the death suspension or removal of any such Secretary pending such proccedings but the same may be continued prosecuted and carried on in the name of the same or of the succeeding Secretary to be recorded in the memorial as hereinbefore provided for in that behalf and so on from time to time whensoever any new appointment or election of Secretary shall take place. As to plea of judg- 10. And be it enacted That in case the merits of any demand Trent recovered in yy oy against the said company shall have been determined in any action or suit by or against any such Secretary the proceedings in such action or suit may be pleaded in bar of any other action or suit by or against the Secretary of the said company for the same demand. Shares of capital or 11. And be it enacted That no claim or demand which any aia wateet ome member of the said company may have in respect of his share of the claim of the com- capital or joint stock thereof or of any dividends interests profits or pany: bonus payable or apportionable in respect of such share shall be capable of being set off cither at law or in equity against any demand which the said company may have against such member on account of any other matter or thing whatsoever but all proceedings in respect of such matter or thing may be carricd on as if no claim or demand existed in respect of such capital or joint stock or of any dividends interests profits or bonus payable or apportionable in respect thereof. Chango of members 12. And be it enacted That the provisions of this Act shall operation of this Act, extend to the said company whether the said company be now or here- after 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 com- posed 1845. 9° VIC. 123 Australian General Assurance Company. posed altogether of persons who were not original nor are present: members of the same. 13. Provided always and be it enacted That nothing in_ this Saving of rights of Act contained shall be deemed to affect or apply to any right title ov He Crown aml ofall interest of Her Majesty lLer Icirs or Successors or of any hody politic tioned herein. or corporate or of any other person or persons excepting such as are mentioned hercin or of those claiming by or under him her or them. 14. And be it enacted That this Act shall not commence or take This Act to take . ° : effect when it shall effect until the same shall have received the Royal approbation and have received the the notification of such approbation shall have been made in the New Beyal approbation. South Wales Government Gazette by order of Mis Hxcellency the Governor for the time being of the said Colony. 15. And be it enacted That this Act shall be deemed and taken Act to be deemed a {o be a public Act and shall be judicially taken notice of as such in all PMS Act cases without being specially pleaded. SCITEDULE REFERRED TO. Memorial of the names of the Secretary and Directors for the time being of © The Australian General Assurance Company" recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor and Council of New South Wales made and passed in the uinth year of the reign of Her Majesty Queen Victoria intituled " An .1e¢ "to simplify proceedings at law or in equity by or against the Australian General Assurance " Company and for other purposes therein mentioned." C. F. D. Directors. G. E. H. A.B. of gentleman Seerctary of the above-named company maketh oath and saith that he duly signed the above memorial and that he was present and did see the same signed hy the above-named directors respectively whose names appear thercto. Sworn, &c. before &e. this day of AD. A. B. Secretary. ANNO