New South Wales: General Steam Navigation Company Act 1840 4 Vic (NSW)

4' VIC. 85 General Steam Navigation Company. 1840. An Act to simplify Proceedings at Law or in gre: Stes Equity by or against "The General Steam = "s~ Navigation Company" and for other purposes therein mentioned. [12th August, 1840.] IEREAS a joint stock company carrying on business under thie Preamble. style and firm of "The General Steam Navigation Company" is established in this Colony and it is expedient to simplify pro- ceedings at law or in equity by or against the said company Be it aS bein therefore enacted by lis Excellency the Governor of New South the name of the Wales with the advice of the Legislative Council thereof That from Seretry. und 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 recovering any debt due to or enforcing any claim or demand of the said company or relating to any matter connected with the concerns of the said company shall be commenced and prosecuted in the name of the Secretary for the time being of the said company as the nominal plaintiff complainant or petitioner on behalf of the said company and that all actions suits and procecdings as aforesaid to be commenced and prosecuted against the said com- pany shall be commenced instituted or prosecuted against the Seerc- tary for the time being of the said company as the nominal defendant for and on behalf of the said company and in all criminal prosecu- tions to be 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 stealing or counterfeiting the bills notes bonds moneys effects or property of the said company or for any felony misde- meanor or other offence in which the said company shall or may be concerned it shall be lawful to state the property of the said com- pany to be the property of such Sceretary 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 Proceedings not to resignation suspension nor removal of such Sceretary shall abate abate on agcomnt of or prejudice any such action suit or proceeding but the same may Seeretary. be continued in the name of the next or any succeeding Seerctary of the said company Provided nevertheless that the body or goods lands or tenements of such Secretary shall not by reason of his being defendant in any such action suit or proceeding be liable to be arrested scized or taken in execution And provided further that all costs and expenses to be incurred by such Secretary in prosecuting or defending any action or suit for or on behalf of the said company shall be defrayed out of the funds of the said company. 2. And be it enacted That as soon as conveniently may be after Memorial of names the passing of this Act and from time to time upon or as soon as con Cee veniently may be after the appointment of any new Secretary of the agement tole said company a memorial in writing shall be recorded in the Supreme Court Dupreme Court. of the said Colony wherein shall be set forth in words at length the style and firm of the said company and the christian and surnaines additions and places of abode of the Secretary and of each member of the Committee of Management 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 «und by three of the members of the Committee of Management and verified by the oath of the said Secre- tary 86 4° VIC. 1840. General Steam Navigation Company. tary (made before the Registrar or some Commissioner of the said Court) that the same contains a true account of the several particulars therein set forth to the best of the knowledge and belief of the deponent. No proceedings to be 8. And be it enacted That until the first of such memorials so commenced or con- verified shall be recorded as aforesaid no action suit or other procecd- rial duly recorded. ing at law or in equity shall be commenced for or on behalf of the said company under the provisions of this Act and unless such memo- rial shall be from time to time recorded as aforesaid within the space of thirty days after the appointment of any new Secretary as aforesaid no action suit or other proceeding as aforesaid shall be commenced or if commenced shall be continued for or on behalf of the said company until the memorial hereby required upon such appointments respec- tively shall be duly recorded. Plaintiff in any 4. And be it enacted That in any action to be brought by any action not to be Secretary of the said company by virtue of this Act the plaintiff or proof of record therein shall not be nonsuited nor shall a verdict be given against the rial. . . a . . plaintiff for want of proof of the record of such memorial as herein- before mentioned but in case the defendant in any such action shall make it appear on. such trial that no such memorial has been recorded then a nonsuit shall be entered in such action. Secretary or other 5. And be it enacted That in all actions suits petitions or other officers to give proceedings in which the said Secretary for the time being shall be on standing their behalf of the said company plaintiff complainant petitioner or defend- 'ntorest, ant it shall and may be lawful for such Secretary or for any other officer engaged in the executive duties of the said company to give evidence in any such action suit or othcr proceeding notwithstanding that the name of such Secretary shall be used as plaintiff complainant petitioner or defendant and notwithstanding that such Secretary or other officer may be interested in the result of such action suit petition or procceding as a sharcholder or copartner in the said company. Pxeontion may issue 6. And be it enacted That execution upon any judgment or aga a. : . . eae eas . members, decree in any such action suit petition or other proceeding obtained 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 or any member or members whomsoever of the said company in like manner as if such judgment or decree had been obtained against such member or mem- hers personally. List of members to 7. And be it enacted That for the purpose of giving better effect poannually recorded. to the provision last hereinbefore contained the Secretary for the time being of the said company shall within thirty days from the passing of this Act and thereafter in the month of January in each 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 to be recorded on oath in the office of the Registrar of the Supreme Court aforesaid and the same shall be open for inspection at all reasonable times by any person requiring the same on payment of a fee of onc shilling and if such Secretary shall fail to cause such list to be recorded in manner 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. Every person in- 8. And be it enacted That every person whose name shall be eluded in such list to . bd : be considered a so recorded shall be considered a member of the said company and member until new | shall be liable as such until a new list of the members' names shall ist recorded or until : . : : . he shall have givon be recorded as aforesaid or until he shall have given notice in the notice ov retirement New South Wales Government Gazette of his or her retirement from Gazette. the said company Provided always that every such Secretary in whose name any action suit petition or other proceeding shall be commenced prosecuted carried on or defended and every such member or 1840. 4° VIC. 87 General Steam Navigation Company. or members against whose goods chattels lands or tenements exccution shall be so issued as aforesaid shall always be reimbursed and paid out. of the funds of the said company all such damages costs and expenses as by the event of any such proceedings such Secretary or member or members shall or may be put unto in respect thereof 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. 9. And be it enacted. That all bonds warrants of attorney and Bonds c. taken in the name of preced- other securities not assignable in law which have been or shall or MAY ing $ Sceretary may at. any time hereafter be taken in the name of any person as Sceretary be put in suit by for or on account of the said company shall and may be put in suit ee the and be sued or prosecuted upon at law or in equity in the name of the Seerctary for the time being of the said company and the proceedings instituted upon or in respect of such bonds warrants of attorney or other securities shall not abate by reason of the death suspension or removal of any such Secretary pending such proceedings but the same may be continued prosecuted and carried on in the name of the succeeding Sceretary to be recorded in the memorial hereinbefore provided in that behalf and so on from time to time whensoever any new appoint- ment or election of a Secretary shall take place and such new memorial thereof shall be recorded as aforesaid. 10. Provided always That nothing in this Act contained shall Saving the rights of be deemed to affect. or apply to any right title or interest of Her He vet aul Majesty er Heirs or Successors or of any body politic or corporate or of any other person or persons excepting such as are mentioned therein or of those claiming by or under them. 11. And be it enacted That this Act shall not commence or Act not to take effect take effect until the same shall have received the Royal approbation Secived the Royal and the notification of such approbation shall have been made by «pprobation. order of His Excellency the Governor for the time being of the said Colony in the New South Wales Government Gazette. 12. And be it enacted That this Act shall be deemed and. taken Act to be a public to be a public Act and shall be judicially taken notice of as such in Act all cases without being specially pleaded. SCHEDULE. A Memortau of the names additions und places of abode respectively of the person and persons who upon this day of 18 are respectively Sceretary and members of the Committee of Management of the company carrying on business under the style and firm of "The Gencral "Steam Navigation Company" to be recorded in the Supreme Court of New South Wales pursuant to the provisions of an Act of the Governor of New South Wales with the advice of the Legislative Council thereof passed in the fourth year of the reign of Her Majesty Queen Victoria intituled "An Act " to simplify Proceedings at Lau or in Equity by or against the General Steam Navigation " Company and for other purposes therein | mentioned." Names or Memeens or . . ; Comsurrer oF MANAGEMENT. | TRADE OB PROFESSION. : Puace OF ABODE. A.B. C.D. ! Ki. F. Secretary. é: b, Members of Committee G _ of Management. HE. F. Sceretary of the General Steam Navigation Company maketh vath and saith that the above-written memorial contains a just and true account of th eseveral particulars therein set forth to the best of this deponent's knowledge and belief. E. F. Secretary. Sworn before me this day of 18 } An