New South Wales: Commercial Banking Company Act 1846 10 Vic (NSW)

124 10° VIC. 1846. Commercial Banking Company. ANNO DECIMO VICTORIA REGINA. coment An Actto amend an Act to enable "The Com- Banginc Comrany. —— mercial Banking Company of Sydney" to sue and be sued in the name of the Managing Director for the time being of the said Com- pany and for other purposes therein men- tioned. [80th October, 1846.] Preamble. ITEREAS an Act was passed in the sixth year of the reign of his 6 Will. Iv. late Majesty King William the Fourth intituled " An Act to CommercialBanking "* enable the Proprietors of a certain Bankiny Establishment or Company of Sydney «* Company carried on in the Town of Sydney in the Colony of New ~~ * South Wales under the name style and firm of * The Commercial " Banking Company of Sydney' to sue and be sued in the name of the " Managing Director of the said Bank or Company for the time being "and for other purposes therein mentioned"? And whereas it is expe- dient to amend the said recited Act Be it therefore enacted by His Excelleney the Governor of New South Wales with the advice and consent of the Legislative Council thereof That the Managing Director Managing Director for the time being of the said company shall be and is hereby fully all moneys on behalf authorized to reecive and retain on behalf of the said company all Fis ome pany and moncy belonging or debts due to the said company whensoever howso- rate persons paying ever and in whosoever's name the same may be secured and that the tabi: from all yeceipt in writing of such Managing Director for any moncy received by him shall exonerate the person or persons paying the same to him from all liability in respect of the same or the application thercof. Bonds mortgages &e. 2. And be it enacted That every bond mortgage warrant of to be ae Meeting attorney or other security whether assignable in law or not taken Director for the time Cither previously or subsequently to the day on which this Act shall re bakacby come into operation in the name of any person as Managing Director change of Managing Of the said banking company for and on account of the said company Director. shall and may be put in suit and be sued and prosecuted upon at law or in cquity im the name of the Managing Director for the time being and no suit shall abate by reason of any change of the Managing Director pending such suit nor shall it be necessary to enter any suggestion or file any supplemental bill or in any other way to notice such change on the face of the proceedings in such suit or action. Actions brought in 8. And he it enacted That the bringing such action or suit in name of Managing te) Director prima facie the name of such Managing Director as such Managing Director shall evidence of his name 9 ; j i P i having been he prima facic evidence that a memorial of the name of such Managing recorded. Director conformable to the provisions of the said recited Act has been recorded as by the said Act is required. All hereditaments to 4, And be it enacted That all terms of years lands tenements vest in Managing : . : . . Director for the time and hereditaments which are now or which at any time before this Act being and his ..,, Shall come into operation shall be vested in the Managing Director of ~~ the said bank for and on behalf of the said company shall be and hereby 1846. 10° VIC. Bobart's Trustees. hereby are vested in the person who shall at such time be Managing Director and his successors in office in the nature of a body corporate for and on behalf of the said company and all terms of years lands tenements and hereditaments in which any right title or interest shall after this Act shall come into operation be acquired or taken by or on behalf of the said company shall and may be conveyed to and vested in the Managing Director for the time being and his successors in oflice in the nature of a body corporate for and on behalf of the said company. 5. Provided always and be it enacted That nothing hercin con- tained shall extend or be deemed taken or construed to extend to incorporate the members or proprictors of the said company or to relieve or discharge them or any of them from any responsibilities dutics con- tracts or obligations whatsoever to which by law they or any of them now are or at any time hereafter shall be subject or liable 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 execpt so far as the same is in terms effected by the provisions of this Act and the truc intent and meaning of the same. 6. Provided always and he it enacted That nothing in this Act contained shall be deemed to affect or apply to any right title or interest of Her Majesty Mer Ifcirs and Successors or of any body or bodies politic or corporate or of any other person or persons exeept such bodies politic or corporate and other persons as are mentioned in this Act and those claiming by from or under them. 7. And be it enacted That this Act shall come into operation so soon as and not until the same shall have reecived the Royal approbation and the notification of such approbation shall have been made by order of Ifis Excellency the Governor in the Vew South Wales Government Gazette. 8. And be it 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 ail other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded. Company not incor- porated by this Act. Reservation of rights of the Crown and of all persons not mentioned herein. Act not to take eflect until the Royal approbation shall hi on notified in the Government Gazelle. Act to be deemed a public Act.