New South Wales: Union Assurance Company Act 1836 7 Wm IV (NSW)

Unton AssURANCE Company. Preamble. Actions at law &e. to be in the name of the Chairman. 7 GUL. IV. 1836. Union Assurance Company. ANNO SEPTIMO GULIELMI IV. REGIS. KRKRKKRKKK RK KR KKK KR KK ERK KRKKEKKKKEKKKKKKKKK KEKE An Act to enable the Proprietors of a certain Company carried on in the Town of Sydney in the Colony of New South Wales under the name style and firm of "' The Union Assur- ance Company of Sydney" to sue and be sued in the name of the Chairman of the said Com- pany for the time being and for other pur- poses therein mentioned. [11th August, 1836.] HEREAS several persons have formed themselves into a com- pany or society established in Sydney under the name style or firm of "The Union Assurance Company of Sydney" for the purposes of effecting maritime insurances and insurance against five and all other risks upon vessels and goods in harbour and discounting of bills and promissory notes And whereas difficulties may arise "in recovering debts duc to the said company and in maintaining actions or proceed- ings for damages done to their property and also in prosecuting persons who may steal or embezzle the bills notes bonds mortgages moncys goods chattels or effects of the said company And whereas it would be convenient 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 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 and prosecuted or carried on by or on behalf of the said com- pany 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 said company at the time any such action suit or proceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioncr for or on behalf of the said company and that all actions suits or procecdings 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 said company as the nominal defendant for and on behalf of the said company and that 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 or stealing the bills notes bonds moneys goods chattels effects or property of the said company or for any felony misdemeanor 7? GUL. IV. Union Assurance Company. 1836. misdemeanor or other offence in which the said company may he con- cerned it shall be lawful to state the property of the said company to be the property of such Chairman for the time being of 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 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 prosecuted and carrie on in the name of any person who may be or become Chairman of the said company for the time being. 2. And be it further enacted That a memorial of the name of the Chairman of the said company in the form or to the effect for tha purpose set forth in the Schedule hereunto annexed signed by the said Chairman of the said company and by a majority of the other dircetors of the said company shall be recorded upon oath in the Supreme Court of New South Wales within thirty days after the passing of this Ac and when and as often as any director of the said company shall be newly elected Chairman thereof a memorial of the name of such newly elected Chairman in the same form or to the same cffoct as the above-mentioned memorial signed by such newly clected Chairman and by a majority of the several other persons who shall be directors of the said company at the time of the clection of such new Chairman shall in like manner be recorded upon oath in the said Supreme Court within thirty days next after such Chairman shall be elected. 8. Provided always and be it further enacted That until such memorial as hereinbefore first mentioncd be recorded in the manner herein directed no action suit or other proceeding shall be brought by the said company in the name of the Chairman of the said company as aforesaid under the authority of this Act. 4, Provided always and be it further enacted That in all actions suits petitions or other proccedings in which the said Chairman for the time being shall be on behalf of the said company 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 the Sceretary or any other officer engaged in the executive duties of the said company to give evidence in such action suit petition or other proceeding notwithstanding the name of such Chairman for the time being shall he used as plaintiff complainant petitioner or defendant and notwithstanding that such Chairman for the time being or Seerctary or other officer aforesaid shall or may be interested in the result of such action as a shareholder or copartner in the said company. 5. Provided always and upon any decree or judgment in proceeding obtained against the said company whether he be pl issued against and levied upon t ments of any member or members whomsoever of the for the time being in like manner and not otherwise than as if such deerce 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 tenc- ments execution upon. any judement t or decree shall be issued or levied as aforesaid shall always be reimbursed and paid out of the funds ye it further enacted Ths: execution any such action suit petition or other Chairman for the time being of the aintiff or defendant therein may be ic goods and chattels lands and tene- said company " Memorial of the name of the Chair- man to be recorded in the Supreme Court of New South Wales and renewed when any new Chairman shall be elected. No actions to be brought until memorial recorded. Chairman and other officers of the com- pany competent witnesses. Execution upon any jadgment may be issued against any member of the com- pany who shall have his remedy against the other members 28 7? GUL. IV. 1836. Union Assurance Company. funds of the said company all such damages dues expenses costs and charges as by the event of any such proceedings such Chairman or member or members shall or may be put unto or become chargeable therewith and all such remedics shall be allowed as between the several members of the said company for the time being as if this Act had not been passed. et al. 6. And be it further enacted That the provisions in this Act standing change of Contained shall extend and be construcd deemed and taken to extend veut. the to the said company at all times during the continuance of the same whether the said company be now or hereafter composed of some all or any of the persons who were the original or are the present mcm- bers 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 4. Provided always and be it further enacted That nothing incorporated by : ° bd 5 this Act. herein contained 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 responsibility dutics contracts or obligations whatsocver 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. Bonds mortgages 8. And be it further enacted That all bonds mortgages warrants may be put in suit Of attorney and other securities not being assignable in law which &e. in the name of have been or which shall or may at any time hereafter be taken in the time being though name of any person as Chairman of the said company for or on account security in such of the said company shall and may be put in suit and be held sued or prosecuted upon at law or in equity in the name of the Chairman in whose name the same may have been taken or in the name of any person who shall or may succeed to that office and be the Chairman of the said company at the time such proceeding or proceedings shall be instituted notwithstanding the name of any such succeeding Chair- man be not inserted in such bond mortgage warrant of attorney or other such security as an obligec mortgagee assignee or payce of the sum or sums of money therein mentioned and the death resignation removal or other act of any such Chairman of the said company for the time being in whose name any such bond mortgage warrant of attorney or other security as aforesaid shall be so put in suit shall not abate any action suit or other proceeding had thereon 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 said company for the time being and the legal estate in all lands and tenements belonging or mortgaged to the said company and all legal rights and capacities in respect of the said company shall become vested in such new Chairman 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 toties quoties whensoevcr any new appointment or election of a Chairman for the time being of the said company shall take place and such new memorial thereof shall be enrolled as aforesaid. Plaintiff not to be 9. And he it further enacted That in any action to be brought watts by any Chairman of the said company by virtue of this Act the memorial. plaintiff therein shall not be nonsuit nor shall 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 1836. Tv GUL. IV. 29 Union Assurance Company. memorial or memorials have been recorded then a nonsuit shall be entered in such action. 10. Provided always and be it further enacted That nothing in Nothing in this Act this Act contained shall be deemed to affect or apply to any right title apply to any right. or interest of His Majesty His Ieirs and Successors or of any body or & any boas molt bodies politic or corporate or of any other person or persons excepting or corporate. such as are mentioned therein or of those claiming by or under him or them. 11. And be it further cnacted That this Act shall not com- This Act to take mence or take effect until the same shall have received the Royal chat antl tie same approbation and the notification of such approbation shall have been the Reyal assent. made by His Excellency the Governor for the time being in the New South Wales Government Gazette. 2. And be it further enacted That this Act shall he deemed This Act toplie Act and taken to be a public Act and shall be judicially taken notice : , of as such by the Tudeses 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. SCHEDULE REFERRED TO. Memoriat of the name of the Chairman of "The Union Assurance Company of Sydney" to be regorded in the Supreme Court of New South Wales pursuant to an Act of the Governor and Council passed in the seventh year of the reign of ILis Majesty King William the Fourth intituled "Aw Act to enable the Proprietors of a@ certain Company carried on "in the town of Syduey in the Colony of New South Wales under the name style and firm " "af ¢ The Union Assurance Company of Sydney' to sue and be sued in the name of the * Chairman of the said Company for the time being and for other purposes therein mentioned." " A. B. Chairman. C.D. iN. 0. kK. ¥) ; PQ. G. OL. Directors. sh. 8. L «| {T. U. LM VW. of Syducy gentleman of the above- named company maketh oath and saith that he was present and did sec the foregoin memorial signed by the above-named Uhairman and Directors respectively whose names appear thereto. Sworn this } day of 1 ) an ee ANNO