Glasgow Marine Insurance Company Act 1843
| Jurisdiction | UK Non-devolved |
| Citation | 1843 c. cvii |
| Year | 1843 |
ANNO SEXTO & SEPTIMO
F
VICTORLE REGINiE.
Cap.
cvii.
L
An Act to enable the Glasgow Marine Insurance
Company to sue and be sued; and for other
Purposes relating to the said Company.
[22d August 1843.]
W
HEREAS a Number of Persons some Time since formed
themselves into a Company or Society under the Style or
Title of the "Glasgow Marine Insurance Company/' and
subscribed or raised considerable Sums of Money for the Purpose of
carrying on the Business of Insurance Broking, Marine Underwriting,
and of effecting Insurances on Ships or Vessels at Sea or going to
Sea, Goods and Merchandize, and other Things on board
thereof,
and otherwise generally as is customary and legal against the.
several Dangers and Perils of the Seas, or connected therewith : And
whereas the Affairs and Concerns of the said Company have hereto-
fore been carried on and conducted and managed under and subject
to the Rules, Regulations, and Provisions contained in a certain
Contract of Copartnery bearing Date the Nineteenth Day of March
Eighteen hundred and thirty-nine, and subsequent Dates, whereby
certain Office-bearers, Copartners of the said Company, are appointed
Trustees for the Purpose of holding the Investitures of the Funds-
and Property of the said Company, but subject to the Provisions
therein mentioned : And whereas by reason of the Number of Co/
[Local] 38 X partners
3486 6° & 7° VICTORLE,
Cap.
cm.
partners in the said Company Difficulties have arisen and may here-
after arise in legal Proceedings by or against the same; and 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 whereas it is desirable
that Powers should be granted to the Directors or Trustees of the
said Company to the Effect herein-after mentioned; but these Pur-
poses cannot be effected without the Aid and Authority of Parlia-
ment : 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 Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, That in all Actions, Suits, and other legal
Proceedings in Bankruptcy, whether by way of Petition, Fiat, or by
Sequestration or Commission, or otherwise, and in all Proceedings in
Company
may
sue and
Proceedings, other than Proceedings of a criminal Nature, and in all
be sued, &c.
in the Name
nager or of Lunacy or Idiotcy to be hereafter instituted or prosecuted by or on
any Director, behalf of the said Company, either alone or jointly- with any other
Parties, and- in all Diligence or other legal Execution, real or per-
sonal, at the Instance or on behalf of the said Company, it shall be
sufficient to state and to proceed in the Name of the Manager or
of One of the Directors for the Time being of the Company as the
nominal
Plaintiff'
representing the Company in such Proceedings;
Affidavits, and in all Affidavits and Claims for founding any Sequestration in
Claims,
Ac-
Scotland, or Commission of Bankruptcy or Proceedings in Insolvency
behi the™3* in
^nS^an<^
or elsewhere, and,in all Affidavits and Claims for ranking
Name of
the
°r proving Debts under such Sequestrations or Commissions of Bank-
Manager, ruptcy or Proceedings in Insolvency, it shall be sufficient if the
orofaDi- same are in the Name of or made by the Manager or One of the-
rector. Directors of the Company as the nominal Creditor or Claimant on
behalf of the said Company, .and generally in all such Matters of
Bankruptcy arid Insolvency, and at all Meetings therein, the Manager
or Director of the Company shall be entitled to act for the Company,
as also to grant and execute Mandates, Certificates, Discharges, and
all other necessary Writings and Documents in relation thereto ;
and that 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 Manager or some One of the Directors for
Death, &c.
of Officer
suing not to
abate Suit.
the lime being of the Company, or in the event of there being no
Manager or Director of the Company, then to state the Name of
some One of the Shareholders, as the nominal Defendant represent-
ing 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 have been Shareholders of the Com-
pany, and are alleged to be interested in such Suit, together with
such nominal Party, as Defendants in Equity for the Purpose of
Discovery, or in case of Fraud.
•• -•
• II. And be it enacted, That the Death, Resignation, or Removal
of any such nominal Party shall not abate or prejudice any such
Action, Suit, Petition, Diligence, or other legal Proceeding by or on
behalf
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