Royal Exchange Company Act 1837 8 Wm IV (NSW)

Royat. Exonance

Souremnce An Act for facilitating Proceedings by and against " The Royal Exchange Company" and for other purposes therein mentioned. [13th September, 1837. |

Preamble. HEREAS several persons have formed themselves into a joint stock company in Sydney for the purpose of erecting an

Exchange And whereas difficulties may arise in the prosecution of

actions and suits by and against the said company and prosecuting

persons who may counterfeit steal or embezzle the bills notes bonds

Actions at law to be Mortgages moneys goods chattels or effects of the said company Be Secretary ofthe it therefore cnacted 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 company or wherein

the

1837. 8° GUL. IV. 59

Royal Exchange Company.

the said company is or shall be in any way concerned against any person or persons body or bodics politic or corporate and 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 Scerctary of the said company at the time any such action suit or proceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioner for or on behalf of the said company and that all actions suits or proceedings aforesaid to be commenced instituted or prosecuted against the said company shall he commenced instituted or prosecuted against the Scerctary 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 prosccutions 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 sicaling ov counterfeiting the bills notes bonds moncys goods chattels ecifects or property of the said company or for any felony misdemeanor or other offence in which the said company shall or may be concerned it shall be lawful to state the property of the said company to he the property of such Scerctary 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 Scerctary for the time being of the said company and any offender or offenders may be there- upon lawfully convicted of any such offence and the death resignation or removal or other act of such Secretary shall not abate any such action suit or prosecution but the same may be continued where it left off prosecuted and carried on in the name of any person who may be or become Sceretary of the said company for the time being Pro- vided nevertheless that the body or goods chattels lands or tenements of such Scerctary shall not by reason of his being defendant in any such action or suit be liable to be arrested seized detained or taken in execution and provided that all costs and expenses to be incurred by such Scerctary in prosecuting or defending any action or suit. for and on behalf of the said company shall be defrayed out of the funds of the said company.