Moreton Bay Immigration and Land Company Act 1855 19 Vic (NSW)
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dorm Tar An Act to establish and incorporate a Company
Bann Conant. to be called 'The Moreton Bay Immigration
and Land Company." [Lath December, 1855.]
Preamble. HEREAS it is expedient to afford additional facilitics for the
immigration of suitable families and individuals of the working
classes into the Moreton Bay District of New South Wales for the
supply of the urgent demand "for labor in all branches of industry in
that district and also for the formation of an agricultural population
for the growth of cotton and other articles of agricultural produce
suited to the soil and climate And whercas the progressive purchase
of suitable tracts of waste land for the purpose of promoting immi-
gration into that district would afford the means of accomplishing
this object: provided that a company were formed for the purpose
And whereas the several persons hereinafter named have associated
for the accomplishment of this object and it is deemed advisable to
give encouragement to them by eranting to them an Act of Incor-
poration Be it therefore enacted by Ilis Excellency the Governor of
New South Wales by and with the consent of the Legislative Council
thereof as follows—
1.
1855. 19° VIC. ATT
Moreton Ba y Immigration and Lund Compan i
1. The following persons that is to say Robert Cribb James Company incor.
yi an James Gibbon William Hobbs Benjamin Cribb John Markwell herted.
D. A. Somersett William Turner John Rankin McQuarie MeDonald
Campbell McDonald Henry Kilner William Warren tLenvy Challinor
Henry M. Cockburn Frederic k A. Forbes John Dunmore Lang
Thomas Dowse John Fielding Richard Sexton Joseph Foote John C.
Foote James Foote John George Cribb Thomas Smith James H.
Robertson Thomas Lade Ambrose Eldridge R. Cribb junior and all
other persons who shall hereafter become subscribers to the said
undertaking and their several and respective successors executors
administrators and assigns shall be and hereby are united into a com-
pany for the purchase of suitable tracts of waste land for the promotion
of immigration and for the re-sale thereof in small farms with a view
to the settlement of an agricultural population in the Moreton Bay
District of the Colony of New South Wales and for these purposes
shall be one body corporate by the name and style of " 'The Morcton
Bay Immigration and Land Company" and by that name shall have
pe rpetual sucecssion and a common seal and shall and may sue and be
sued plead and be impleaded answer and be answered unto defend and
he defended in all Courts and places whatsoever and shall have power
and authority from and after the passing of this Act and at all times
thereafter to purchase and hold lands to them and their successors and
assigns with a view to the promotion of immigration and also to sell
and dispose of or lease the said lands again in small farms or other-
wise as may be deemed most expedient for the settlement of an
agricultural population in the said district.
2. The capital of the company hereby established shall be one Capital.
million pounds sterling to he held in forty thousand shares of twenty-
five pounds cach and such shares shall be numbered in regular or
arithmetical progression beginning with number one and every such
share shall be distinguished by its appropriate number and the said
shares shall be and are hereby vested in the persons hereinbefore
named and in such other persons as shall take shares in the said com-
pany and their successors and their several and respective executors
administrators and assigns.
3. The said shares shall be deemed personal estate and shall he Shares to be deemed
transferable and transmissible as such and shall not be of the nature!"
of real estate.
Every person who shall by virtue of this Act have subscribe
for or shall otherwise have become entitled to a share in the said
company and whose name shall have been entered on the register of
sharcholders hereinafter mentioned shall be deemed a sharcholder of
the company and shall be entitled to participate in the profit and
dividends of the company in proportion to the amount of capital which
he shall have paid up.
5. The direetors shall cause the names additions and addresses Register of share-
of the several persons entitled to shares together with the number of belles.
shares to which they shall be respectively entitled distinguishing cach
share by its proper number and the amount of the subscription paid
on such shares to be from time to time fairly and distinctly entered in
a register book to be kept in ihe office of the said company for that
purpose and to be called "The Register of Sharcholders"? and the
surnames or corporate names of the said sharcholders shall be placed
in alphahctical order to the end that each proprictor for the time being
and his interest in the company may be known.
On demand of the holder of any shares the directors of the Certificates of shares
. . . . . 1 to be issued to the
company shall cause a certificate of the proprietorship of such shares shareholders,
to he delivered to such sharcholder and such certificate shall have the
common scal of the company affixed thereto and such certificate shall
specily
d Definition of share-
holders,
Certificate to be
19° VIC. 1855.
Moreton Bay Inmigration and Land Company.
specify the shares to which such shareholder is entitled and the same
may be according to the form in the Schedule A to this Act annexed
or to the like effect and for such certificate the said company may
demand any sum not exceeding two shillings and sixpence and such
certificate shall be admitted in all Courts as primd facie evidence of
cvidence of property the title of such shareholder his executors administrators successors
in shares.
Certificate to be
renewed when
destroyed.
Shares may he sold.
Transfers of share to
be registered &c.
No shares to be
transferred while in
arrear.
Transmission of
shares by other
means than transfer
to be authenticated
by a declaration.
or assigns to the share therein specified but the want of such certifi-
cate shall not prevent the holder of any shares from disposing thereof
or receiving his share of the profits in respect thereof.
7. Ifany such certificate shall be worn out or damaged then
upon the same being produced at some meeting of the directors such
directors may order the same to be cancelled and thereupon another
similar certificate shall be given to the party in whom the property of
such certificate and of the shares therein mentioned shall be at the
time vested or if such ecrtificate be lost or destroyed then upon proof
thereof to the satisfaction of the directors a similar certificate shall be
given to the party entitled to the certificate so lost or destroyed and to
the shares therein mentioned and in either casc a due entry of the
substituted certificate shall be made by the secretary in the register
of shareholders and for every such certificate so given or exchanged the
company may demand any sum not exceeding two shillings and six-
ence.
P 8. It shall be lawful for any shareholder to sell and transfer all
or any of his shares subject to the provisions herein mentioned Pro-
vided that every such transfer shall be by deed in which the consider-
ation shall he stated and such deed may be according to the form in the
Schedule B to this Act annexcd or to the like effect and provided also
that if any certificate of the proprictorship of the shares to be transferred
shall have been issued the same shall upon such transfer be delivered
up to the directors to be cancelled or to be indorsed by the secretary
to the company with a memorandum of the transfer unless it shall be
shewn to the satisfaction of the directors that the same has been lost
or destroyed.
9. The said deed of transfer (when duly exceuted) shall be
delivered to the secretary and kept by him and the sceretary shall enter
a memorial thereof in a book to be called " The Register of Transfers"
and shall indorse such entry on the deed of transfer and shall on
demand deliver another certificate to the purchaser and for every such
entry together with such indorsement and certificate the company may
demand any sum not exeecding two shillings and sixpence and on the
request of the purchaser of any sharcs an indorsement of such
transfer shall be made on the existing certificate of such shares instcad
of a new certificate being granted and upon such indorsement being
signed by the seerctary such certificate shall be considered in every
respect the same as a new certificate and until such deed of transfer
has been so delivered to the secretary as aforesaid the vendor of the
shares shall continue liable to the company for any calls that may be
made upon such shares and the purchaser shall not be entitled to
receive any share of the property of the company or to vote in respect
of such shares.
10. No shareholder shall be entitled to transfer any share which
he shall possess in the said company after any call has been made in
respect of such share until he shall have paid up such call nor until he
shall have paid all calls for the time being duc on every share held by
him.
11. If the interest in any shares have become transmitted in
consequence of the death or bankruptcy or insolvency of any share-
holder or in consequence of the marriage of a female shareholder or by
any other lawful means than by a transfer according to the provisions
; of
1855. 19° VIC.
Moreton Bay Immigration and Land Company.
of this Act such transmission shall be authenticated by a declaration
in writing as hereinafter mentioned or in such other manner as the
directors shall require and every such declaration or other authentication
shall state and shew the manner in which and the party to whom such
shares shall have been so transmitted and shall be made and signed by
some credible person before a Justice of the Peace or notary public
and such declaration or other authentication shall be left with the
secrctary and upon the same being deemed satisfactory by the directors
he shall enter the name of the person entitled by such transmission in
the register of sharcholders and for every such entry the company may
demand any sum not execeding five shillings and until such trans-
mission has been so authenticated and such entry made no person
claiming by virtue of any such transmission shall be entitled to
reecive any share of the profits of the undertaking nor to vote in
respect of any such share as the holder thereof.
12. If such transmission he by virtue of the marriage of a Proof of transmis-
female sharcholder the said declaration or other authentication shal] sien by marriage
contain «a copy of the register of such marriage or other particulars of
the celebration thereof and shall declare or shew the identity of the
wife with the holder of such shares and if such transmission have taken
place by virtue of any testamentary instrument or by intestacy the
probate of the will or the letters of administration or an official extract.
therefrom shall together with such declaration or other authentication
be produced to the secretary and upon such production in cither of
the cases aforesaid the seeretary shall make an entry of the declaration
or other authentication in the said register of transfers.
will &e.
13. The company shall not be bound in any manner by any Company not bound
trusts or equitable interests or demands atfecting any shares st: anding
required to take any notice of such trusts or equitable interests or
demands but the reccipts of the person in whose name the share shall
stand in the hooks of the company shall notwithstanding such trusts
or equitable interests or demands and notice thereof to 'the company
be a good valid and conclusive discharge to the company for or in
respect of any dividend or other money payable by the company in
respect of suc +h shares and a transfer of 'the said shares by the person
in whose name the shares shall so stand shall notwithstanding as afore-
said be binding and conclusive as far as may concern the said company
against all persons claiming by virtue of such trusts or cquitable
interests or demands Provided always that it shall be competent to
the directors of the company if they shall think fit so to do to with-
hold payment of the dividends on any such shares and to refuse to
allow or recognize the transfer of such shares in any case in which the
company shal) have had notice of any claims under an alleged trust or
equitable interest or demand And provided also that nothing herein
contained shall be deemed or taken to interfere with or abridge the
right and power of a Court of Equity to restrain the payment of any
such dividend or other moncy payable by the company in respect of
any such shares or the transfer thereafter of any such shares or to
direet: the payment of such dividends or other money not already paid
by the company or the transfer of such shares to such person as such
Court may think fit.
to sec to exceution
D of trusts in respect
in the name of any person as the ostensible proprietor thereof or be ofsbares.
14. The several persons who have aceepted or who shall here- subscriptions to be
after accept or hold shares in the company shall pay the amount o
said shares or such portions thereof as shall from time to time he called
for by the directors at such times and places as shall be appointed by
the directors and with respect to the provision in this Act contained lor
{paid as called for.
enforcing the payment of calls the word "sharcholder" shall extend Term " shareholder"
to and include the legal representatives of every such sharcholder.
15.
to include ropresenta-
480 19 VIC. 1855.
Moreton Bay Immigration and Land Company.
Power to make calls, 15. It shall be lawful for the directors from time to time
to make such calls of money upon the several shareholders in
respect of the amount of their respective shares as the said directors
shall deem necessary provided that thirty days notice at the least he
given of each call by a notice in the Government Gazette and in one
or more of the newspapers published in the town of Brisbane and
that successive calls be not made at a less interval than three months
and that no call exceed the sum of twenty-five shillings for or in
respect of any one share and every sharcholder shall be liable to pay
the amount of the calls so made in respect of the shares held by hit
to the persons and at the times and places from time to time appointed
by the said directors.
'Ten per cent. interest 16. If before or on the day appointed for payment any_share-
toy Patdonover-due Folder shall not pay the amount: of any call to which he is liable then
every such shareholder shall be liable to pay interest for the same at
the rate of ten per cent. per annum from the day appointed for the
payment thercof' to the time of the actual payment.
Power to receive 17. It shall be lawful for the directors if they shall think fit
holders on interest, tO Yeceive from any of the shareholders who shall be willing to advance
the same all or any part of the moneys due upon their respective
shares beyond the sums actually called for and upon the principal
moneys so paid in advance or so much thereof as from time to time
shall exceed the amount of the calls then made upon the shares in
respect of which such advance shall be made the company may pay
interest at such a rate not exceeding the rate aforesaid as the share-
holder paying such sum in advance and the directors shall agree upon.
Enforcement of calls 18. If at the time appointed hy the directors for the payment
by action, of any call any shareholder shall fail to pay the amount of such call it
shall be lawful for the company to sue such shareholder for the amount
thereof in any Court of Law or Equity having competent jurisdiction
and to recover the same with interest as aforesaid from the day on which
such call was payable and in any action or suit it shall not be necessary
Declaration in suits to set forth the special matter but it shall be sufficient for the company
to recover calls, ty declare that the defendant is the holder of one share or more in the
company (stating the number of shares) and is indebted to the company
in such sum of money as the calls in arrear shall amount to in respect
of one call or more upon one share or more (stating the number and
amount of each of such calls) whereby an action hath accrued to the
Matter to be heard company by virtue of this Act and on the trial or hearing of such
in uetion forcalls. setion or suit it shall be sufficient to prove that the defendant at the
time of making such call was a holder of one share or more in the
company and that such call was in fact made and such notice thereof
given as is directed by this Act and it shall not be necessary to prove
the appointment of the directors who made such call nor any other
matter whatsoever and thereupon the company shall be entitled to
Proof of proprietor. PECOVEr W hat shall be due upon such call and interest thereon and the
ship. production of the register of shareholders required to be kept in the
office of the company shall be primd facie evidence of such defendant
being a shareholder and of the number and amount of his shares.
Shares in arvear may 19. If any shareholder shall fail to pay any call payable by him
. ™ together with the interest if any shall have accrued thereon the direc-
tors of the company at any time after the expiration of one month
from the day appointed for payment of such call may if they shall
think fit declare the shares in respect of which such call was payable
forfeited and that whether the said company have sued for the amount
Notice to be given of of such call or not Provided that before declaring any share forfeited
intention to declare the directors shall cause notice of their intention to declare such share
to be forfeited to be left at or transmitted by the post to the usual or
last place of abode of the person appearing by the register of share-
holders
1855. 19° VIC.
Moreton Bay Inmigration and Land Company.
holders to be the proprietor of such share and if the holder of any such
share shall be beyond the limits of this Colony or if his or their usual
or last place of abode be not known to the directors by reason of its
being imperfectly described in the said register of shareholders or
otherwise or if the interest in any such share shall be known by the
directors to have become transmitted or otherwise than by transfer as
hereinbefore mentioned but a declaration of such transmission shall
not have been registered as aforesaid and so the address of the party
to whom the said share may have been transmitted or may for the time
being belong shall not be known to the directors the directors shall
give public "notice of such intention in the Government Guzelte and
also in one or more of the newspapers published in the town of
Brisbane and the several notices aforesaid shall be given twenty-one
days at least before the directors shall make such declaration of
forfciture.
20. After such forfeiture as aforesaid it shall be lawful for the
directors to scll the forfeited share by public auction and if there be
more than one forfeited share then either separately or together as to
them shall scem fit Provided that the company shall not sell or transfer
more of the shares of any such defaulter than shall be sufficient as
nearly as can be ascertained at the time of such sale to pay the arrears
hen due from such defaulter on account of any calls together with
1¢ interest and expenses attending such sale and declaration of
orfeiture and if the money produced by the sale of any such forfcited
hare be more than sufficient to pay all arrears of calls and interest
hereon due at the time of such sale and the expenses attending the
cclaration of forfeiture and sale thereof with the proof thereof and
1e certificate of proprictorship to the purchaser the surplus shall on
emand be paid to the defaulter And provided also that if payment of
uch arrears of call and interest and expenses be made before any
hare so forfeited shall have been sold as aforesaid such share shail
revert to the party to whom the same belonged before such forfeiture
in such manner as if such call had been duly * paid.
21. A solemn declaration in writing VW some credible person
not interested in the matter made in conformity with the provisions
of an Act of Council passed in the ninth year of the reign of Ifer
present Majesty Queen Victoria numbered nine that the call in respect
of a share was made and notice thereof given and that default in
payment of the call was made and that the forfeiture of the share was
declared in manner hereinbefore required shall be sufficient evidence
of the facts therein stated and such declaration and the receipt of the
treasurer or other officer of the company authorized by the directors
to reecive payment of the price of such share shall constitute a good
title to such share and a certificate of proprietorship shall be delivered
to such purchaser and thereupon he shall be deemed the holder of
such share discharged from all calls due prior to such purchase and
he shall not be bound to see to the application of the purchase money
nor shall his title to such share be affected by any irregularity in
the proceedings in reference to such. sale.
22. The first general meeting of the sharcholders of the com-
pany for putting this Act in execution shall be held at some convenient
place within the town of Brisbane within two months after the passing
of this Act between the hours of ten in the forenoon and four in the
afternoon and the future general meetings of the company shall be
held on the first Monday in the months of February and August or at
such other stated periods as shall be appointed for that purpose by an
order of a general meeting and the meetings so appointed shall be
called " or dinary" or " half-y early" general meetings and all meetings
whether half-yearly or extraordinary shall be held at such place as the
3P shareholders
recht
se
act
ZZ
Forfeited shares
may be sold.
No more shares to
be sold than are
suflicient to pay
off arrears and
expeuses,
On payment of
arrears before sale
shares to revert to
the party.
Evidence of
proprictorship in
purchasers of
forfeited shares.
First and other
general meetings.
Business at half-
yearly general
meetings.
Business at extra-
ordinary meetings.
Extraordinary
meetings.
Extraordinary
mecting of the
company may be
required by share-
holders.
Notice of meetings.
Quorum of share-
holders for a general
meeting.
Chairman at general
meetings.
Business at adjourn-
ments.
Votes of share-
holders.
19° VIC. 1855.
Moreton Bay Immigration and Land Company.
shareholders shall at any general meeting direct and appoint and if
no such direction be given then at such place as the directors shall
from time to time appoint.
23. No matters except such as are appointed by this Act to be
done at a half-yearly general meeting shall be transacted at any such
meeting unless special notice of such matters have been given in the
adv ertisement convening such meeting And no extraordinary meeting
shall enter upon any business not set forth in the notice upon which
it shall have been convened.
24, Every general meeting of the shareholders other than a
half-yearly meeting shall be called an extraordinary meeting and such
meetings may be convened by the directors as they think fit And any
number of shareholders not being less than five holding in the aggre-
gate one hundred shares may by writing under their hands at any
time require the directors to call an extraordinary meeting of the
company and such requisition shall fully express the obj cet. of the
meeting required to be called and shall 'pe left at the office of the
company or given to at least three directors or left at their last or
usual places of abode and forthwith upon the receipt of such requisi-
tion the directors shall convene a meeting of the shareholders and if
for twenty-one days after such notice the directors shall fail to call
such meeting the number of shareholders aforesaid qualified as afore-
said may call such meeting by giving fifteen days public notice
thereof in the Government Gazette and in one or more of the news-
papers published in the town of Brisbane
25. Fifteen days public notice at the least of all meetings
whether ordinary or extraordinary shall be given by advertisement in
the Government Gazette and one or more newspapers as_ hereinbefore
mentioned which shall specify the place the day and the hour of
meeting and every notice of an extraordinary meeting or of an
ordinary meeting if any other business than the business hereby
appointed for ordinary meetings is to be done thereat shall specify the
purpose for which the meeting is called.
26. In order to constitute a general meeting there shall be
present either personally or by proxy shareholders holding in the
aggregate not less than one-tenth of the subscribed capital of the
company and being in number not less than ten and such share-
holders shall be a quorum and if within one hour from the time
appointed for such meeting the said quorum be not present no
business shall be transacted at the meeting other than the declaring
of a dividend in case that shall be one of the objects of the mecting
but such meeting shall except in the case of a meeting for the elec.
tion of directors hereinafter mentioned be held to be adjourned sine die.
27. At every general meeting of the company one or other of
the following persons shall preside as chairman that is to say the
chairman of the company or in his absence the deputy chairman or
in the absence of the chairman and deputy chairman some one of the
directors of the company to be chosen for that purpose by the meeting
or in the absence of the chairman and deputy chairman and of all the
directors any shareholder to be chosen for that purpose by a majority
of the shareholders present at such meeting and such chairman shall
be entitled to vote not only as a principal and proxy but also to give a
casting vote if there be otherwise an equality of votes and every such
general meeting may be adjourned from time to time and from place
to place and no business shall be transacted at any adjourned meeting
other than the business left unfinished at the meeting from which such
adjournment took place.
28. At all general meetings every shareholder who shall be
possessed of one or more shares shall for the first five shares be entitled
to
1855. 19° VIC. 483
Moreton Bay Immigration and Land Company.
to one vote for each and for every additional number of five shares to
one additional vote Provided always that no sharcholder shall Ie Shuchelders not te
entitled to more than ten votes altogether and that no shareholder shal] °°" "= P"
be entitled to vote at any meeting unless he shall have paid all the
calls then due upon the shares held by him.
29. The votes of sharcholders may be given at any general Mamer of voting.
meeting either personally or by attorney duly constituted or by proxies
being sharcholders authorized by writing according to the form in the
Schedule C to this Act annexed or in a form to the like effect under
the hand of the shareholder nominating such proxy.
30. If several persons be jointly entitled to any shares the Wats of joint share-
person whose name stands first in the register of shareholders as one
of the holders of such shares shall for the purpose of voting at any
mecting be decmed the sole proprietor thereof and on all occasions the
vote of such first named sharcholder either in person. or by proxy
shall be allowed as the vote in respeet of such shares without proof of
concurrence of the other holders thereof And if any shareholder be a Votes of tunatics and
lunatic or idiot such lunatic or idiot may vote by his committee and ™ns €e.
if any shareholder be « minor he may vote by his guardian or any one
of his guardians and every such vote may be given cither in person or
by proxy.
31. Whenever in this Act the consent of any particular majority Proof of a particular
of votes at any meeting of the company is required in order to authorize mor oe woes
any proceeding of the company such particular majority shall only be veut of a poll being
required to be proved in the event of a poll being demanded at such 7"
meeting and if such poll be not demanded then a declaration by the
chairman that the resolution authorizing such procceding has been
carried and an entry to that effect in the book of proceedings of the
company shall be sufficient authority for such procecding without: proof
of the number or proportion of votes recorded in favour of or against
the same.
32. The sharcholders present cither personal y or by proxy ats Six directors to be
such first general meeting to be held as hereinbefore is mentioned or ee a cae aeee
at some mecting to be held by adjournment from such general meeting
shall choose and elect six persons to be directors to manage and conduct
the aifairs of the company and at the half-yearly mecting which shall
be held in the month of August in cach year two directors shall retire
from office such retirement to be decided by lot between themselves
until all the first set of directors who shall have been clected at such
first general mecting directed to be held as aforesaid shall have retired
and then at the half-yearly mecting to be held in the month of August
in every year thereafter the dire ctors who shall have been longest in Retirement of
office shall retire and so on from time to time during the continuance
of the company and at every such half-yearly meeting i in the month of
August in every year the shareholders then present "personally or by
proxy sball elect two new directors in the place of the directors then
retiring from office agreeably to the provision hereinafter contained
and the persons elect ed at any such meeting being neither removed
nor disqualified nor having resigned shall continue to be dircetors
until others are clected in their stead as hereinafter mentioned.
33. If at anv meeting at which an clection of directors ought Existing divectors
to take place the preseribed quorum of shareholders shall not "be ot meeting for elec-
present within one hour from the time appointed for the meeting no ten of directors.
election of directors shall be made but such mecting shall stand
adjourned to the following day at the same time and place and if at
the meeting so adjourned the prescribed quorum be not present within
one hour {rom the time appointed for the meeting the existing directors
shall continue to act and retain their powers until new directors be
appointed at the first half-yearly meeting of the following year.
34.
484 19° VIC. 1855.
Moreton Bay Immigration and Land Company.
Qualification of 34. No person shall be capable of being a director unless he be
directors. a shareholder nor unless he be possessed of ten shares and no person
holding an office or place of trust or profit under the company or
interested in any contract with the company shall be capable of being
a director and no director 'shall be capable of accepting any other
office or place of trust or profit under the company or of being
interested in any contract with the company during the time he shall
be a director but nothing in this Act contained "shall prevent the
company from remunerating the chairman and directors as they may
think fit.
eerie ted joint 35. Provided always that no person being a sharcholdcr or
stock company not member of any incorporated joint stock company shall be disqualified
disqualified byreason oy prevented from acting as a director by reason of any contract
entered into between such joint stock company and the company
hereby incorporated but no such director being a sharcholder or
member of such joint stock company shall vote on any question as to
any contract with such joint stock company.
Supply of ocensional 36. If any director die or resign or become disqualified ov
directors, incompetent to act as a director or cease to be a director by any other
cause than that of going out of office by rotation as aforesaid the
remaining directors if they think proper so to do may elect in his
place some other sharcholder duly qualified to be a director and the
shareholder so clected to fill up any such vacancy shall continue in
office as a director until the next ordinary mecting of sharcholders
when a director shall be clected by the sharcholders present or by
proxy in the place of the director so having dicd resigned or become
disqualified or incompetent to be a director or having ceased to be a
director by any other cause.
Powers of the com- Qe ry ., see . ie
pany which may be 37. The directors shall have the management and superinten-
exereised by the ~— dence of the affairs of the company and they may lawfully appoint all
directors. officers and servants required for conducting the undertaking of the
company and shall exercise all other the powers of the company
except as to such matters as are directed by this Act to be transacted
by a general meeting of the sharcholders but all the powers so to be
exercised shall be exercised in accordance with and subject to the
provisions of this Act and the exercise of all such powers shall be
subject also to the control and regulation of any general mecting
specially convened for the purpose but not so as to render invalid any
act done by the directors prior to any resolution passed by such
Quorum of directors. encral meeting And any three of such directors being present at a
duly convened board meeting shall form a quorum and shall be com-
petent to exercise the powers hereby given to the directors generally.
Speen tes 38. Except as otherwise provided by this Act the following
general meetings. powers of the company (that is to say) the choice and removal of the
directors except as hereinbefore mentioned the choice of auditors the
determination as to the remuneration of the directors and the decla-
ration of dividends shall be exercised only at a general meeting of the
shareholders.
Mectings of 89. The directors shall hold meetings at such times as they
shall appoint for the purpose and they may mect and adjourn as_ they
think proper from time to time and from place to place within the
district of Moreton Bay and at any time any two of the directors may
require the secretary to call a mecting of the directors and in order
to constitute a meeting of directors there shall be at least three
directors and all questions at any such meeting shall be determincd
by the majority of votes of the directors present and in case of an
equal division of votes the chairman shall have a casting vote in
addition to his vote as one of the directors.
40.
1855. 19° VIC. 485
Moreton Bay Immigration and Lond Company.
40. At the first mecting of directors held after the passing of Appointment of
this Act and at the first meeting of the directors held after cach Genuty ehateman
annual appointment of directors the directors present at such mecting of company.
shall choose one of the directors to be chairman of the company and
to act as chairman of the directors for the year following such choice
and shall also if they think fit choose another director to be and act
as deputy chairman for the same period and if the chairman or
deputy chairman die or resign or cease to be a director or otherwise
become disqualified to act the directors present at the meeting next
after the occurrence of such vacancy shall choose some other of the
directors to fill such vacancy during the residue of the current year
and such chairman if present and in his absence the deputy chairman oyesmanship at
if present shall preside at all mectings of the directors but if neither mectings of directors.
the chairman nor deputy chairman be present the directors present
shall choose some one of their number to be chairman of such meeting.
41. The directors shall cause notes minutes or copies as the Proceedings to be
case may require of all appointments made or contracts entered into entered in a book
by them and of the orders and proceedings of all mectings of the evidence. |
sharcholders and of the directors and committees of directors to be
duly entered in books to be from time to time provided for the purpose
which shall be kept under the superintendence of the directors and
every such entry shall be signed by the chairman of ,the meeting at
which such appointments and contracts were made or entered into or
authorized or at which such proceedings and orders were respectively
had or made and such entry so signed shall be received as evidence in
all Courts and before all Judges Justices and others without proof of
such respective meetings having been duly convened or held or of the
persons making or entcring such orders or proceedings being share-
holders or directors or members of committee respectively or of the
signature of the chairman or of the fact of his having been. chairman
all of which last-mentioned matters shall be presumed until the con-
trary be proved.
42. All acts done by any meeting of the directors or by any Defects in appoint-
e
person acting as a director shall notwithstanding it may be afterwards Meuulifientions set.
discovered that there was some defect in the appointment of any such to invalidate pro-
directors or persons acting as aforesaid or that they or any of them °""s*
were or was disqualificd he as valid as if every such person had been
duly appointed and was qualified to be a director.
43. No director by being party to or executing in his capacity Dircetors not to be
of a director any contract or other instrument on behalf of the company Posy Hable.
or otherwise lawfully executing any of the powers given to the directors
shall be subject to be sued or prosecuted individually by any person
whomsoever and the hodies or goods or lands of the directors shall not
be liable to execution of any legal process by reason of any contract or
other instrument so entered into signed or executed by them or by
reason of any other lawful act done by them in the execution of any
of their powers as directors and the directors their heirs executors Indemnity of
and administrators shall be indemnified out of the capital of the com- directors.
pany for all payments made or liability incurred in respect of any acts :
done by them and for all losses costs and damages which they may
incur in the execution of the powers granted to them and the directors
for the time being of the company may apply the existing funds and
capital of the company for the purposes of such indemnity and may if
necessary for that purpose make calls of the capital remaining unpaid
(if any.)
44, At the first general meeting of the company to be held after Election of auditors.
the passing of this Act the shareholders shall clect two auditors in the
same manner as is hereinbefore provided for the election of directors
and at the ordinary meeting of the company in the month of August
in
486 19° VIC. 1855.
Moreton Bay Immiyration and Land Company.
in each year thereafter the shareholders shall in like manner elect an
auditor tosupply the place of the auditor then retiring from office
according to the provision hereinafter contained and every auditor
elected as hereinbefore provided being neither removed nor disqualified
nor having resigned shall continue to be an auditor until another be
auefcation of elected in his stead and every auditor shall have at least ten shares
auditors.
in the company and he shall not hold any other office in the company
nor be in any other manner interested in its concerns except as a
shareholder.
Ordinary retirement 45. One of such auditors (to be determined in the first instance
of anditors. by lot between themselves unless they shall otherwise agree and after-
wards by seniority) shall go out of office at the ordinary meeting in
the month of August in each year but the auditor so going out shall
Casual vacancies in be immediately re- "eligible.
the office of auditor. 46, If any vacancy take place among the auditors in the course
of the current year then at any general meeting of the company the
vacancy may be supplied by election of the shareholders and the pro-
Fai , vision in this Act contained respecting the failure of an ordinary
'ailure of meeting : . . '
to elect auditors. mecting at which directors ought to be chosen shall apply mutatis
mutandis to any meeting at which an auditor ought to be appointed.
Powers of auditors 47. The auditors shall have full authority at all reasonable
for examination of : . aos ya
affairs, times to examine the accounts and aflairs of the company and to
inspect the books and to call for the production to them at the
principal office of the company of all books vouchers writings and
documents concerning the same and to call in the aid of the officers
clerks and servants of the company or any other person competent to
give information as to the company's affairs.
Delivery of balance 48. The directors shall deliver to such auditors the half-yearly
sheet Ke. by direc: or other periodical accounts and balance sheet fourteen days at the
least before the ensuing ordinary mecting at which the same are
required to be produced to the shareholders as hercinafter provided
Duty of auditors. and such auditors shall receive and examine the same and shall
examine into the state of the company's affairs and shall be at liberty
Powers of auditors. to cmploy such accountants and other persons in such examination as
they may think proper at the expense of the company and they shall
make a just truc and faithful report on the said accounts and affairs
and such report shall be read together with the report of the directors
at the ordinary meeting.
Further audit inay 49. If it shall appear to such ordinary meeting desirable that
recat sutton may th company's affairs should be more fully investigated it shall be
be appointed. lawful for such ordinary meeting either to direct the said auditors to
inquire into and report on the affairs of the company generally or in
their discretion to appoint any two or more shareholders as special
auditors for that purpose.
Seonrity to be taken 50. Before any person intrusted with the custody or control
tructed with. money. of moneys belonging" to the company whether treasurer collector or
other officer of the com pany shall enter upon his office the directors
shall take sufficient security from him for the faithful execution of
his office.
Officers to account 51. Every officer employed by the company shall from time to
: time when required by the directors make out and deliver to them or
to any person appointed by them for that purpose a true and perfect
account in writing under his hand of all moneys received by him on
behalf of the company and such account shall state how and to whom
and for what purpose such moneys shall have been disposed of and
together with such account such officer shall deliver the vouchers and
receipts for such payments and every such officer shall pay to the
directors or to any person appointed by them to receive the same all
moneys which shall appear to be owing from him upon the balance of
such accounts. 52.
1855. 19° VIC. 487
Moreton Bay Immigration and Land Company.
52. If any such officer fail to render such account or to produce Summary remedy
and deliver up all the vouchers and receipts relating to the same in a soli' fail-
his possession or power or to pay the balance thereof when thereunto
required or if for three days atter being thereunto required he fail to
deliver up to the directors or to any person appointed by them to
receive the same all papers and writings property eflects matters and
things in his possession or power relating to the exccution of this Act
or belonging to the company then on complaint thereof being made
to a Justice such Justice shall summon such officer to appear before
two or more Justices at a time and place to be set forth in such
summons to answer such charge and upon the appearance of such
officer or in his absence upon proof that such summons was personally
served upon him or left at his last known place of abode such Justices
may hear and determine the matter in a summary way and may adjust
and declare the balance owing hy such officer and if it appear either
upon confession of such officer or upon evidence or upon inspection of
the account that any moneys of the company are in the hands of such
officer or owing by him to the company such Justices may order such
officer to pay "the same and if he fail to pay the amount it shall be
lawful for such Justices to grant a warrant to levy the same by distress
or in default thereof to commit the offender to gaol for a period not
excceding three months unless the said amount be sooner paid.
53. If any such officer refuse to make out such account in Officers refusing to
writing or to produce and deliver to the Justices the several vouchers deliver up documonts
and reecipts relating thereto or to deliver up any books papers or
writings property effects matters or things in his possession or power
belonging to the company such Justices may lawfully commit such
offender to gaol there to remain until he shall have delivered up all
the vouchers and receipts (if any) in his possession or power relating
to such accounts and have delivered up all books papers writings pro-
perty effects matters and things (if any) in his possession or power
belonging to the company.
54. If any director or other person acting on behalf of the com- Where officer about
pany shall make oath that he has good reason to believe upon grounds Fa te heaved grant
to be stated in his deposition and does believe that it is the intention first instance.
of any such officer as aforesaid to abscond or that he has absconded it
shall be lawful for the Justice before whom the complaint is made if
he shall think fit to issue a warrant in the first instance for the bring-
ing such officer before such two Justices as aforesaid but no person
exccuting such warrant. shall keep such officer in custody longer than
twenty-four hours or such longer period as may be rendered necessary
by the distance of the place of apprehension from the residence of the
nearest or most convenient Magistrate without bringing him before
some Justice and it shall be lawful for the Justice before whom such
officer may be brought cither to discharge such officer if he think
there is no sufficient ground for his detention or to order such officer
to be detained in custody so as to be brought before two Justices at a
time and place to he named in such order unless such officer give bail
to the satisfaction of such Justice for his appearance before such
Justices to answer the complaint of the company Provided never- ,
I . ureties not to be
theless that no such procecding against or dealing with any such officer discharged.
as aforesaid shall deprive the company of any remedy which they might
otherwise have against such officer or any surety of such officer.
55. The directors shall cause full and true accounts to be kept Accounts to be kept.
of all sums of money reccived or expended on account of the company
by them and all persons employed by or under them and of the
matters and things for which such sums of money shall have been
received or disbursed and paid.
56.
Books to be balanced
at stated times.
Balance shect to be
produced at the half-
yearly meetings.
Book-keeper to allow
shareholders to
inspect accounts.
Scheme to be pre-
pared shewing
profits,
Surplus revenue to
be appropriated for
education,
Dividend not to be
made so as to reduce
capital.
No dividend to be
paid when calls in
Service of notice
upon company.
Service by company
on shareholders,
19° VIC. " 1855.
Moreton Bay Immigration and Land Company.
56. The books of the company shall be balanced fourteen days
at least before each half-yearly general mecting of shareholders and
forthwith on the books being so balanced an exact balance shcet shall
be made up which shall exhibit a true statement of the capital stock
credits and property of every description belonging to the company
and the debts due by the company at the date of making such balance
sheet and a distinct view of the profit or loss which shall have arisen
on the transactions of the company in the course of the preceding
half-year and previously to each half-yearly general mecting such
balance sheet shall be examined by the directors or any three of their
number and shall be signed by the chairman or deputy chairman of
the directors.
57. The directors shall produce to the shareholders assembled
at such half-yearly mecting the said balance sheet applicable to the
period immediately preceding such meeting together with the report
of the auditors thereon as hereinbefore provided.
58. The directors shall appoint a book-keeper to enter the
accounts aforesaid in books to be provided for the purpose and every
such book- keeper shall permit any shareholder to inspect such books
and to take copies or extracts therefrom at any reasonable time during
one fortnight before and one month after every hall-yearly mecting
and if he fail to permit any such shareholder to inspect such books or
take extracts or copies therefrom during the periods aforesaid he shall
forfeit to such shareholder for every such offence a sum not excceding
five pounds.
59. Previously to every half-yearly meeting at which a dividend
is intended to be declared the directors shall cause a scheme to be
prepared shewing the profits (if any) of the company for the period
current since the preceding ordinary meeting at which a dividend
was declared and apportioning the same and any surplus remaining
undivided from any former period or so much thereof as they may
consider applicable to the purposes of dividend among the sharcholders
according to the shares held by them respectively the amount paid
thereon and the periods during which the same may have been paid
and shall exhibit such scheme at such ordinary meeting and at such
meeting a dividend may be declared according to such scheme or of
any such less amount as the mecting shall think fit Provided always
that no higher dividend shall be declared than ten per cent. the surplus
accruing from time to time to be appropriated for the advancement of
education in such manner as the directors shall determine.
60. The company shall not make any dividend whercby their
capital stock will be in any degree reduced Provided always that the
word " dividend" shall not be construcd to apply to a return of any
portion of the capital stock with the consent of all the mortgagees and
bond creditors of the company due notice being given for that} purpose
at an extraordinary meeting to be convened for that object.
61. No dividend shall be paid in respect of any share until all
calls then due in respect of that and every other share held by the
person to whom such dividend may be payable shall have been paid.
62. Any summons or notice or any writ or othcr procceding at
law or in equity requiring to be served upon the company may be
served by the same being left at or transmitted through the post
directed to the principal office of the company or being given per-
sonally to the secretary or in case there be no secretary then by being
given to any one director of the company.
63. Notices requiring to be served by the company upon the
sharcholders may unless expressly required to be served personally be
served by the same being transmitted through the post directed
according to the registered address or other known address of the spare-
older
1855. 19° VIC. 489
Moreton Bay Timigration and Land Company.
holder within such period as to admit of its being delivered in the due
course of delivery within the period (if any) prescribed for the giving of
such notice and in proving such service it shall be sufficient to prove
that such notice was properly directed and that it was so put into the
Post Office Provided that this enactment as to the time of trans-
mission shall not apply to shareholders resident out of the Colony but
in every such case fourteen days notice at the least shall be given by
advertisement in the New South Wales Government Gaz ette and in
one or more newspapers published in the town of Brisbane.
64, All notices directed to be given to the shareholders shall Notice to Joint pro-
with respect to any share to which persons ave jointly entitled be?" °°"
given to whichever of the said persons shall be named first in the
register of shareholders and notice so given shall be sufficient notice
to all the proprietors of such share.
65. Every summons notice or other such document requiring Authentication of
authentication by the company may be signed by two directors or by ™#**
the secretary of the company and need not be under the common seal
of the company.
66. 1f any person against whom the company shall have any Proof of debts in
claim or demand become bankrupt or take the benefit of any Act for bankruptey.
the relief of insolvent debtors it shall be lawful for the secretary or
treasurer of the company in all proceedings against the estate of such
bankrupt or insolvent or under any fiat sequestration or act of insol-
vency against such bankrupt or insolvent to represent the company
and act in their behalf in all respects.
67. As soon as five thousand pounds of the subscribed capital Company to com.
of the company shall have been paid in terms of this Act into one or paid up. pen £50
more of the incorporated banks of the Colony of New South Wales or
into the Bank of England on behalf of the company it shall then be
lawful for the company to proceed in carrying out the objects con-
_ templated by this Act.
68. Conveyances of lands to be made under the provisions of Conveyances of land.
this Act may be according to the form in the Schedule D to this Act
annexed or as near thereto as the circumstances of the case will admit.
or by deed in any other form which the company may think fit and all
conveyances made according to the form in the said Schedule or as near
thereto as the circumstances of the ease will admit shall be effectual
to vest the lands thereby conveyed in the party in whose favour the
conveyance shall purport to be made free from all incumbrances what-
soever.
69. In case at any time it shall he thought expedient by the Power to borrow
directors to raise any sum or sums of money by way of loan for the mony hr inate
purchase of land and the promotion of immigration in addition to the tien and to mortgage
th "s land
money which the company are authorized by this Act to receive in te its repayment.
advance from the shareholders it shall he lawful for the directors to
borrow and take up at interest any such sum or sums as to them shall
seem mect and convenient not exceeding at any time one-half' of the
capital of the company then actually paid up and the directors are
hereby authorized and empower ed to mortgage or assign the property
of the company as a security for any such" sum or sums of money to
he borrowed as aforesaid with interest to such person or persons as
shall advance the same all which said mortgages or assignment. shall
be made under the common seal of the company and in the form or to
the effect in Schedule FE to this Act annexed and shall operate to charge
the property possessed hy the company at the date of such mortgage
or assignment any rule of law to the contrary thereof notwithstanding
and all and ev ery the person and persons to whom such mortgage or
assignment shall be made shall be equally entitled one with the other
to his her or their proportion or proportions of the said rates and
3Q premises
Mortgage may be
transferred.
Interest of money
borrowed to be paid
in preference to
dividends.
Mortgagee not to be
deemed a share-
holder.
19° VIC. 1855.
Moreton Bay Immigration and Land Company.
premises according to the respective sums in such mortgages or assign-
ments mentioned to be advanced without any preference by reason of
the priority of date of any such mortgage or assignment or any other
account whatsoever and an entry or memorial of every such mortgage
or assignment containing the number and date thereof and the names
of the persons with the proper additions to whom the same shall have
been made and of the sum borrowed together with the rate of interest
to be paid thereon shall within fourteen days next after the date
thereof be entered in a book to be kept by the clerk or other officer of
the company which said book shall and may be perused. at all reason-
able times by any of the proprietors or creditors of the company or
other persons interested therein without fee or reward.
70. Every person to whom any such mortgage or assignment
shall have been made as aforesaid or who shall be entitled to the
money due thereon shall and may from time to time transfer his right
and interest therein to any person whomsoever which transfer shall or
may be in the form or to the effect in Schedule F to this Act annexed
and every such transfer shall within twenty-eight days after the date
thereof be produced to the manager or secretary of the company who
shall cause an entry or memorial to be made thereof in the same
manner as the original mortgages or assignments for which the said
secretary shall be paid the sum of two shillings and sixpence and
after such entry made every transfer shall entitle such assignee his
executors administrators and assigns to the full benefit thereof and
payment thereon and it shall not be in the power of any person who
shall have made such transfer to make void release or discharge the
same or any sum of money thereon due or thereby secured or any
part thereof.
71. The interest of the money which shall be raised by mort-
gage as aforesaid shall be paid half-yearly to the several persons
entitled thereto in preference to any interest or dividends duc or pay-
able by virtue of this Act to the shareholders or any of them and shall
from time to time be fully paid and discharged or provided for before
the yearly or other interest or dividends due to the shareholders or
any of them shall be paid made or provided and in case the same or
any part thereof shall be behind and unpaid by the space of twenty-
one days next after the same shall have become due and payable as
aforesaid and the same shall not be paid within seven days next aftcr
demand thereof in writing shall have been made to the company or
left at the office of the company it shall be lawful for two or more
Justices of the Peace acting in and for the town of Brisbane aforesaid.
and they are hereby required on request to them made by or on behalf
of any mortgagee whose interest shall be so in arrear by an order
under their hands to appoint onc or more person or persons to receive
the whole or such part of the said rates as are lable to pay such
interest so due and unpaid as aforesaid and the money so to be received
by such person or persons is hereby declared to be so much moncy
reccived by or to the use of the person to whom such interest shall be
then due until the same together with the costs and charges of
recovering and receiving the rates shall be fully satisfied and paid and
after such interest and costs shall have been paid and satisfied the
power and authority of such receiver and reccivers for the purposes
aforesaid shall cease and determine or otherwise the said interest so
due and unpaid as aforesaid may be sued for and recovered with costs
by an action of debt in the Supreme Court.
72. No person to whom any such mortgage or assignment
shall be made or transferred as aforesaid shall be deemed a proprietor
of any share or shall be capable of acting or voting by virtue of such
mortgage or assignment either as principal or by proxy as such at any
meeting
1855. 19° VIC.
Moreton Bay Immigration and Land Company.
mecting of the company for or on account of his having lent or
advanced any sum of money on the credit of any such mortgage or
assignment.
73. All the moneys to be raised by the company by virtue of
this Act shall be laid out and applied in the first place for and towards
the payment discharge and satisfaction of all costs charges and expenses
incurred in applying for obtaining and passing this Act and of all
other expenses preparatory or relating thereto and all the residue and
remainder of such money shall be paid into one or more of the incor-
porated banks of the Colony of New South Wales or into the Bank of
England to the eredit of the company and be applied in and towards
the purchasing of waste lands in the Colony aforesaid to promote
immigration and generally for the purposes of this Act.
74. All immigrants to be brought out with the funds of the
company shall be selected exclusively by some person or persons duly
authorized by the directors.
75. The directors shall be empowered and arc hereby empowered
to appoint certain days to be duly advertised for at least one month
prior to the day of sale for holding sales of the lands the property of
the company as often as in their judgment may seem desirable and
all sales of lands the property of the company shall he by public
auction.
76. The secretary or manager of the company shall within
thirty days from and after the first day of January in cach and every
year or as soon thereafter as may he practicable cause a true and
corrcet list of the names of all the persons who shall be then existing
proprietors or sharcholders of the company with the respective places
of abode and descriptions verified by a declaration to be made by such
seerctary to be recorded in the oflice for the registry of deeds in the
Colony and the same shall be open for inspection at all reasonable
times by any person requesting the same on payment of a fee of one
shilling for each such inspection and if any such scerctary shall omit
or neglect to cause such a list to be recorded in manner aforesaid or
shall wilfully falsify any such list he shall be subject and lable toa
penalty of one hundred pounds to be recovered by an action of debt
in the Supreme Court by any person who shall suc for the same
Provided always that such action shall be commenced within two
years from the time the offence shall he alleged to have been com-
mitted.
77. Every person whose name shall be so recorded as aforesaid
shall be considered taken and had to be a proprietor or sharcholder of
the company and shall be liable as such until a new list of the names
of the proprietors or sharcholders of the company shall be recorded as
aforesaid or until he shall have given notice in the Government Gazette
Application of funds,
Immigrants to be
selected by the
company.
Directors to appoint
days for the sale of
land.
Names of proprictors
to be recorded in the
Registrar General's
office,
Persons whose names
are recorded to be
deemed proprictors.
of his retirement from the company Provided however that nothing pimited responsi-
herein contained shall extend to charge or make liable any sharcholder bility.
of the said company or his real or personal estate with or for any debt
or demand whatever due or to become due from or by the said
company or in any way relating to the said undertaking for any of
the matters or things authorized by this Act to be made done or
completed beyond the extent of his shares in the capital of the said
company not then paid up any law custom or usage to the contrary
thereof in anywise notwithstanding.
78. The directors shall have the custody of the common. scal Custody and uso of
and the form thereof and all other matters relating thereto shall from
time to time be determined at mectings of directors and the directors
present. at any such mecting shall have power to use the common
seal for the affairs and concerns of the company and under such scal
to authorize and empower any person without such seal to execute
any
the corporate seal.
Dissolution of the
cowpany.
19° VIC. 1855.
Moreton Bay Immigration and Land Company.
any deed and to do all or any other such matters and things as may
be required to be executed and done in behalf of the company
but it shall not be necessary to use the corporate seal in respect of
any of the ordinary business of the company or for the appoint-
ment of any attorney or solicitor for the prosecution of any action
suit or other proceedings or of any officer or servant of the com-
pany and such seal may be affixed to any deed or document by the
hand of any person whom the directors shall appoint in that behalf
and the affixing thereof shall be attested by one director and such
person so appointed and in case any conveyance or other instru-
ment under seal shall be executed wherein it appears that such
conveyance or other instrument is executed in consideration of a
money payment therein stated to have been made to the company such
execution shall have no operation in law or shall operate only as an
escrow (according as may be indicated in the attestation aforesaid)
until the treasurer or other officer charged with the reccipt of moneys
on behalf of the company shall have certified under his hand at the
foot thereof that such consideration money has been duly paid.
79. At the end of seven vears from the passing of this Act the
objects for which the company being incorporated having been com-
pleted the company shall make all necessary arrangements for winding
up its concerns and for dissolving itself and for the sale or division
among the shareholders of the remaining assets of the company and
the several provisions herein contained and all powers privileges rights
and duties of the directors and of the sharcholders shall only remain
and continue in force thereafter so far as the same be necessary for
winding up the said concerns and for the sale or division of the said
assets and the satisfying all claims and demands upon the company.
SCHEDULES REFERRED TO IN THE FOREGOING ACT.
SCHEDULE A.
Form of Certificate of Shares.
Moreton Bay Inmicration anp LAND Company.
Number
This is to certify that of is the proprietor of the
share numbered of "The Moreton Bay Immigration and Land Company"
subject to the regulations of the said company.
Given under the common seal of the company the
day of in the year of our Lord one thousand cight
hundred and
SCHEDULE B.
Form of Transfer of Shares.
I of in consideration of the sum of
paid to me by of
do hereby transfer to the said
share numbered in the undertaking called " The Moreton Bay Immigration
and Land Company" standing in my name in the books of the company to hold unto the
said his executors administrators and assigns (or sucecssors and assigns)
subject to the several conditions on which I held the same at the time of the execution
hereof and I the said do hereby agree to take the said shares
subject to the same conditions.
As witness our hands and scals the day of
SCHEDULE C.
1855. 19" VIC.
"Moreton Bay Immigration and Land Company.
SCHEDULE C.
form of Prosy.
one of the proprietors of " The Moreton Bay Immigration and
Land Company" do hereby appoint of to he my proxy
in my absence to vote in my name upon any matter relating to the undertaking proposed at
the mecting of proprictors to be held on the day of next or
at any adjournment thereof in such manner as he shall think proper.
In witness whereof I the said have hereunto set my
hand (or if a@ corporation say the common scal of the corporation)
the day of one thousand
eight bundred and
SCHEDULE D.
Form of Conveyance.
By virtue of the Act of the Governor and Legislative Council of New South Wales made
and passed in the cightcenth year of Her J Majesty Queen Victoria intituled (énseré title of
this Act) we " The Moreton Bay Immigration and Land Company " in consideration of the
sum of paid to them by of
do hereby convey to the said his heirs and assigns all that &c.
(describing premises to be conveyed) together with all ways rights and appurtenances
thereto belonging and all such estate right title and interest in and to the same as the said
company now are or shall become seized or possessed of or are by the said Act empowered
to convey to hold the premises to the said his heirs and assigns for
ever according to the true intent and meaning of the said Act.
Given under our common seal this day of
in the year of our Lord one thousand cight hundred and
SCHEDULE E.
Form of Mortgage Deed.
Tue Moreton Bay Immigration AND LAND Company.
Mortgage number &£
By virtue of the Act of the Governor and Legislative Council made and passed in
the cighteenth year of Her Majesty Queen Victoria intituled (énsert title of this Act) we
"The Moreton Bay Inmigration and Land Company" in consideration of the sum of
pounds paid to us by of do
assign unto the said his executors administrators and assigns the
land and other property of the said company (and in case such loan shall be in anticipation
of the cupital authorized to be raised all future calls on the sharcholders) and all the
estate right title aud interest of the company in the same to hold unto the said
his executors administrators and assigns until the said sum
of pounds together with the interest for the same at the
rate of for every one hundred pounds by the year be satisfied the principal
sum to be repaid at the end of years from the date hereof at the principal office
of the company.
Given under our common seal this day of
SCHEDULE F.
Form of Transfer of Mortgayc.
T of in considcration of the sum
of paid to me by of
do hereby transfer to the said his exccutors administrators and
assigns a certain " mortgage" number made by * The Moreton Bay Immigration and
Land Company" to bearing date the day
of for securing the sum of
and interest (or if such transfer be by indorsement the within
security) and all my right estate and interest in and to the money thereby secured and to
the property therehy assigned.
In witness whereof I have hereunto set my hand and seal this
day of onc thousand cight hundred and .
An
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