Mutual Fire Insurance Association Act 1841 5 Vic (NSW)

Morvat Fire INsuRANCE,

Preamble.

An Act to enable the Members of an Association called "The Mutual Fire Insurance Agssocia- tion" to sue and be sued in the name of the Chairman of the said Association for the time being and for other purposes therein men- tioned. [28th September, 1841.]

association or society under the name or style of "The Mutual Fire Insurance Association" for the purpose of effecting i insurances on houses warehouses and other buildings goods wares merchandise stock effects and all other kinds of property within the Colony of New South Wales from damage or destruction by fire And whereas the said association is now being carried on in Sydney and is under the care management and superintendence of twenty-one directors and an actuary one of the said directors being Chairman and another Deputy Chairman of the said association And whereas difficulties may arise in recovering debts due to the said association and in maintaining actions or proceedings for damages done to their property and also in prosecut ing persons who may steal or embezzle the Dills notes bonds securities

moneys goods chattels or effects of the said association And whereas it would

WW BEREAS several persons have formed themselves into an

1841. 5° VIC. 105

Mutual Fire Insurance.

would be convenient and just that persons having demands against the said association should be entitled to sue some member thercof 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 Actions at law ve. to His Excellency the Governor of New South Wales with the advice of be cuvied on in. the the Legislative Council thereof That from and after the passing of this man. 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 association or wherein the said association is or shall be in any way concerned against any body or bodics politic or corporate or against any person or persons whomsocver whether a member or members of the said association or otherwise shall and lawfully may from and after the passing of this Act be commenced instituted and prosecuted or carried on in the name of the person who shall be Chairman of the said association 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 association and that all actions suits or procecdings at law or in equity as aforesaid to be commenced instituted and prosecuted or carried on against the said association shall and lawfwlly may be commenced instituted and prosecuted against the Chairman for the time being of the said association as the nominal defendant for or on behalf of the said association and that all indictments informations and _ criminal prosecutions to be brought instituted or carried on by or on behalf of the said association for embezzlement robbery stealing countcr- {citing or forging the bills notes bonds securities moncys goods chattels or effects of the said association or for any fraud felony crime misdemeanor or other offence committed against or with intent to injure or defraud the said association shall and may be lawfully so brought instituted and carried on in the name of such Chairman for the time being of the said association and in all indictments and informations it shall and may be lawful to state the property of the said association to be the property of such Chairman and any forgery fraud crime misdemeanor or other offence committed with intent to injure or defraud the said association shall and lawfully may in any prosecution or indictment for the same be stated or laid to have been committed against or with intent to injure or defraud such Chairman and any offender or offenders may thereupon be lawfully convicted of any such forgery fraud crime misdemeanor or other offence and the death resignation removal or other act of such Chairman shall not abate or prejudice any such action suit indictment information prose- cution or other procceding commenced against or by or on behalf of the said association but the same may be continued where it lett off and be prosecuted or carried on in the name of any other person who may be or become Chairman for the time being of the said association.