Anderton Carrying Company Act 1843
| Jurisdiction | UK Non-devolved |
ANN0
SEXTO
VICTORIA3
REGINB.
Cap.
xxxviii.
An
Act for regulating legal Proceedings
by
or
[3
1
st
Mny
1843.
J
against
the
Anderton
Carrying
Company.
HEILEAS
several Persons some Time since formed them-
selves
into a Company or Copartnership, under the Style
W
or
Title
of
''
The
Anderton
Carrying Company," for the
Purpose of conveying
Goods
between the 'L'own and Port
of
Liver-
pool
and
the
St@ords?iire
Potteries, and elsewhere
:
Arid whereas
by
a
Deed
of'
Settlement, bearing Date on or about the Twenty-
ninth Day
of'
September
One thousand eight hundred and thirty-six,
the Capital or Joint Stock
of
the said Company was declared to
consist
of'
the
Sum
of 1l:ighty thousand Pounds, divided into Four
thousand Shares of Twenty Pounds each,
of
which said Capital the
Sum
of'Fifty-five
thousand Pounds and upwards has been paid up,
and the said Company have purchased, out of their said Capital,
certain valuable Freehold and Leasehold Property in the Counties
of
Chester
and
Staford,
and have erected thereon certain Wharfs,
Warehouses, Inclined Planes, and Machinery suitable for the Purpose
of
Shipment and Stowage
of'
Goods, and have formed an Establish-
ment
of'
Canal Boats and River Flats for the Carriage
of'
Goods
between the Town and Port of
Liverpool
and the
Staflordshire
[Local.]
10
z
Potteries,
918
6"
VICTORIAE,
Cap.
xxxviii.
Potteries, and elsewhere, as aforesaid, whereby great Benefit and
Convenience hath accrued to the Public
:
And whereas Difficulties
have arisen and may hereafter arise in legal Proceeditigs by or against
the said Company, since by Law all the Members f'or the Time
being
of
the said Company must be named
in
such Proceedings:
And whereas it
is
expedient that the said Company sliould be
rendered capable of suing and being sued in the Name of some
one Individual as a nominal Party to siich legal Proceedings: May
it therefore please Your Majesty that it may be enacted
;
and be it
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent
of
the Lords Spiritual and 'I'emporal, and
Comnions, in this present Parliament assembled, and by the Authority
Company
of the same, That in all Actions, Suits, and other legal Proceedings,
sue
and
other than Proceedings ofa Criminal Nature, and in
all
Proceedings
be
sued
in
the
Name
of
in Lunacy, Bankruptcy, or Insolvency, whether by way
of'
or utider
the Secretary
Or arising out
of
any Petition, Fiat, or, in
Scotland,
Sequestration, or
or
of
any
otherwise, to be hereafter instituted or prosecuted by or
on
behalf'
Director;
of
the said Company, either alone or jointly with any other neces-
sary Parties, it shall be sufficient to state and to proceed or act in
the Name of the Secretary or
One
of the Directors for the Time
being
of
the Company; and in
all
Actions', Suits, and other legal
Proceedings to be hereafter instituted or prosecuted against the
Company, either alone
or
jointly with any other necessary Parties,
it shall be sufficient to state the Name
of'
the Secretary, or some
One
of
the Directors f'or the Time being
of
the Company, or in
the event
of
there being
no
Secretary or Director
of'
the Company,
then to state the Name
of
some One
of'
the Shareliolders, as the
nominal Def'endant representing the Company in such Proceedings
:
but
Shard-
Provided always, that any Party suing the Company may,
if
lie
may
think tit, join any Shareholders of the Company, or Persons
who
be
joined
for
the
Purpose
shall have been Shareholders
of'
the Company, together with such
of
Discovery.
nominal Party, as Defendants in Equity, for the Purpose
of
Dis-
covery, or in case
of'
Fraud,
Company
11.
And be it enacted, That for the Recovery
of'
any Monies that
may
sue
for
are or
shall
be due or payable from any Shareholder ofthe Company,
I
nat,dnien
t
q,
ar,d
or froin the Executors, Administrators, or Assigns
of'
such Share-
Subscriptioris
Iiolder, for or in respect
of'
any Instalment upon any Share or Shares
in
the
Name
in the Capital Stock of the Company, or in respect
of
any Subscrip-
nf
the
tion, Contract, or Engagement entered into by such Shareholder
tary
or
any
Director.
with the Company or the Directors or Trustees thereof,
it
shall be
sufficient,
in
any Action or other legal Proceeding to be brought,
instituted, or prosecuted for the Recovery
of
such Monies, or for
Damages for the Nonpayment thereof; to proceed, act, and
suc
in
the Name ofthe Secretary or any One of the Directors for the Time
Iieing
of'
the Company, as the nominal Plaintiff' or Agent representing
the Company, Directors, or Trustees in such Action or other legal
Proceeding; and it shall not in any Case be necessary to sue or
prosecute such Action or other legal Proceeding in the Name of'the
Directors, Trustees, or original Contractors or Covenantees
:
Pro-
vided nevertheless, that nothing herein contained shall be deemed
or
construed to exempt the Plaintiff in any such last-mentioned -4ction
fiom making Profert of
any
Deed or-contract
of
which it would
1
have
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