Port Phillip Bank Act 1840 4 Vic (NSW)

1840. 4' VIC. M1 Port Phillip Bank.

An Act for facilitating Proceedings at Law ox in ror rans tas. Equity by or against the Banking Company of Melbourne called " The Port Phillip Bank" and for other purposes therein mentioned.

[8th September, 1840.]

MEREAS several persons have formed themselves into a Preamble.

joint stock banking company established at Melbourne in the District of Port Phillip in the Colony of New South Wales under the name style ov firm of 'The Port Phillip Bank" and it is expedient to facilitate proceedings at law or in equity commenced by or against the said bank Be it therefore enacted by Ilis Excel- Actions at law &e. lency the Governor of New South Wales with the advice of the Legis- the Mane of lative Council thereof That from and after the passing of this Act al] Director actions and suits and all proceedings at law or in equity to be com- menced instituted prosecuted or carried on by or on behalf of the said bank or wherein the said bank is or shall be in any way concerned against any body or bodies politic or corporate or against any person or persons whether a member or members of the said bank or other- wise shall and may be lawfully commenced instituted and prosecuted or carried on in the name of the person who shall be Managing Director of the said bank at the time any such action suit or pro- ceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioner for or on behalf of the said bank and that: all actions suits or proceedings as aforesaid to be commenced insti- tuted or prosecuted against the said bank shal) be commenced insti- tuted and prosecuted against the Managing Director for the time being of the said bank as the nominal defendant for and on behalf of the said bank and that all indictments informations and other criminal proceedings or prosecutions to be brought instituted or carried on by or on behalf of the said bank for fraud upon or against the said bank or for embezzlement, robbery stealing or counterfeiting the bills notes bonds moneys goods chattels or any other property of the said bank or for any felony misdemeanor or other offence in which the said company shall sustain any loss or damage or wherein it shall be necessary or expedient for the said bank to prosecute any offender or offenders shall or may be so brought or instituted and carried on in the name of such Managing Director for the time being of the said bank and in all such indictments informations and other criminal proceedings or prosecutions it shall be lawful to state in any such procecdings or prosecutions such bills notes bonds moneys goods chattels effects or any other property of the said bank to be the pro- perty of such Managing Director for the time being of the said bank notwithstanding it shall he proved at the trial or hearing that the same belong to the said bank and any offence committed with intent to injure or defraud the said bank shall and lawfully may in any pro- secution for the same be stated or laid to have been committed with intent to injure or defraud such Managing Director for the time being of the said bank and any offender or offenders may thereupon be law- fully convicted of any such offence or offences and the death resignation or removal or other act by which the office or power of such Managing Director shall cease shall not abate any such action suit or prosecution but the same may be continued where it Ieft off and be prosecuted and carricd on in the name of the succeeding Managing Director or