Cambrian Iron and Spelter Company Act 1843

JurisdictionUK Non-devolved
Citation1843 c. i
Year1843
ANNO SEXTO
VICTORIA REGIN.E.
Cap.
i.
An Act for regulating legal Proceedings or
against " The Cambrian Iron and Spelter Com-
pany," and for granting certain Powers thereto.
[3d April 1843.]
w
HEREAS a Number of Persons some Time since formed
themselves into a Company by the Name of " The
Cambrian
Iron and Spelter Company," for carrying into effect the
Purchase or taking on Lease and the working of opened or unopened
Mines yielding Iron, Iron Stone, Spelter, or other Metals, Coal, Culm,
or other Minerals or Mineral Produce, and the smelting, Manufac-
ture,
and Sale
thereof:
And whereas Difficulties have arisen and
may hereafter arise in legal Proceedings by or against the said Com-
pany, since by Law all the Members for the Time being of the said
Company must be named in such Proceedings: And whereas it is
expedient that the said Company should be rendered capable of
suing and being sued in the Name of some one Individual as a nominal
Party to such legal Proceedings, and that further Powers should be
granted to the said Company; but the same cannot be effected with-
out the Aid and Authority of Parliament: 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 Con-
sent of the Lords Spiritual and Temporal, and Commons, in this
[Local'] A 2 present
4 6° VICTORIA
Cap
A.
present Parliament assembled, and by the Authority of the same,
The
Com-
That in all Actions, Suits, and other legal Proceedings, other than
c? - - * o j *
Bankruptcy, or Insolvency, whether by way of or under or arising
panynmysue Proceedings of a criminal Nature, and in all Proceedings in Lunacy,
and be sued . . .
oftheSecre- out of any Petition, Fiat, or, in Scotland, Sequestration or otherwise,
tary or of to be hereafter instituted or prosecuted by or on behalf of the said
anyDirector. Company, either alone or jointly with any other necessary 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 suffi-
cient to state the Name of the Secretary or some one of the Direc-
tors for 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 Shareholders as the nominal Defendant
representing the Company in such Proceedings: Provided always,
that any Party suing the Company may, if he think fit, join any
Shareholders of the Company, or Persons who shall have been Share-
holders of the Company, together with such nominal
Defendants in Equity, for the Purpose of Discovery, or in case of
Fraud.
Party, as
Death of
Officer suing
not to abate
Suit.
II.
And be it enacted, That for the Recovery of any Monies that
are or shall be due or payable from any Shareholder of the Company,
or from the Executors, Administrators, or Assigns of such Share-
holder, for or in respect of any Instalment upon any Share or Shares
in the Capital Stock of the Company, or in respect of any Subscrip-
tion, Contract, or Engagement entered into by such Shareholder
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 Nonpayment
thereof,
to proceed, act, and sue in the
Name of the Secretary or any one of the Directors for the Time being
of the Company as the nominal Plaintiff or Agent representing the
Company, Directors, or Trustees in such Action or other legal Pro-
ceeding, 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: Provided never-
theless, that nothing herein contained shall be deemed or construed
to exempt the Plaintiff in any such last-mentioned Action froni
making Profert of any Deed or Contract of which it would have been
necessary to make Profert if the Action had been brought in the
Name of the original Contractors or Covenantees, or any of them,
III.
And be it enacted, That the Death, Resignation, or Removal
of any such nominal Party shall not abate or prejudice any such
Action, Suit, or other Proceeding against or by or on behalf of the
Company, but the same may be continued, prosecuted, and carried
'on in the Name of any other Secretary or Director of the Company,
orj in the event of there being no Secretary or Director, then in the
Name of any Shareholder of the Company. *
IV. And

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