Monmouthshire Iron and Coal Company Act 1840

JurisdictionUK Non-devolved
Citation1840 c. cxxvi
Year1840
ANNO TERTIO & QUARTO
VICTORLE REGIN.E.
Cop.cxxvi.
An Act to enable "The Monmouthshirelvon and Coal
Company" to sue and be sued in the Name of any
One of their Directors or their Secretary, and to
i
•aise Money for carrying on their Works.
w [4th August 1840.]
HEREAS a Number of Persons some Time since formed
themselves into a Company or Copartnership, under
the Name or Firm of " The Monmouthshire Iron and
Coal Company," for the Purpose of erecting and establishing Iron
and Coal Works on certain Premises respectively situate at Bedweltye
and Abercame in the County of Monmouth, comprised in a certain
Indenture or Deed of Declaration of Trust and Covenant, bearing
Date the Twenty-fifth Day of October One thousand eight hundred
and thirty-six, and made between Roger Hopkins, Rice Hopkins,
and Thomas Hopkins, Civil Engineers, Architects, and Mineral Sur-
veyors, and William Truman Harford Phelps Gentleman, of the First
Part, and Robert Welsh Esquire, Henry Marsh Esquire, and the
Reverend William Phelps Clerk, of the Second Part, and for the
carrying on the Iron and Coal Trade : And whereas the Affairs and
Concerns of the said Company have been hitherto carried on and con-
ducted and managed under and subject to the Rules, Regulations,
and Provisions contained in a certain Indenture or Deed of Settle-
\_LocaL~} 34 A ment
3° &4°-VICTORIA, Cap.cxxvl
ment also bearing Date the TwentJ^ifth Day of October One thou-
sand eight hundred and thirty-si% and made .jbetween the several
Persons whose lefties and Seals are thereunto ^fcribed and affixed
(except th$ said Roger Hopkins, M&e^opMn^^^homas Hopkins,
and William tR^manr
MarsK atid the Reverend ' William •&$&*). ©f >|»; Firsf^rt, the
said
"%fyge¥
Wpkins, Rice Hopkins, Thmtis ,J3^§^^^^rUliam
Truman Rtirfrrd Phelps, of the Second Part, iSm^^WKt- Rdbert
Welsh, Henfy Marsh, and William Phelps, of the Thir^)3Part, pur-
porting to bei&T)eed of Settlement of the s^id'Monmoutlishire Iron
and Coal Company, by which said Deed of Settlement it was provided
that the Capital of the said Company might consist of the Sum of
Three hundred thousand Pounds, to be raised or created in and
divided into Six thousand Shares of Fifty Pounds each, and no more ;
and it was by the said Deed of Settlement further provided, that the
Board of Directors of the said Company should proceed to carry into
effect the Objects and Purposes of
the.
said Company, without delaying
the same until the whole of the Six thousand Shares should have been
subscribed for and appropriated, and notwithstanding that a Part only
of such Shares should have been subscribed for and appropriated : And
whereas the present Capital or Joint Stock of the said Company con-
sists of Two hundred and four thousand and four hundred Pounds,
divided into Four thousand and eighty-eight of the said Shares, and
no more, of which Capital the Sum of One hundred and forty-six
thousand Pounds hath been actually paid up by the Proprietors of
Shares in the said Company, and Four hundred and fifty are free
Shares: And whereas Difficulties have arisen, and may hereafter
arise,
in recovering Debts and Monies due to jthe said Company,
and in maintaining Actions for Damages done to Jthe said Com-
pany, or to the Property of the said Company, since by Law all
the Members for the Time being of the said Company must be
named in-every Action or Suit carried on for such Purpose; and it
would be convenient that .Persons having Demands against the said
Company should be entitled to sue the Secretary of the said Com-
pany, or any One of the elected Directors
thereof,
for the Time being;
and that Prosecutions for Embezzlement, Robbery, or stealing the
Property of the said Company, or for Fraud, or for any other Of-
fence against the said Company, should be instituted and carried on
in the Name of the said Company, or in the Name of the Secre-
tary, or Olie of the elected Directors
thereof,
for the Time being:
And whereas it is expedient that certain Powers should be granted to
the said Company to raise a Sum of Money, and that the said Com-
pany should be regulated in other respects as herein-after mentioned;
but the same cannot be effected without the Aid and Authority of
Parliament: May it therefore please Y6ur Majesty that it may be
enacted; "and be it enacted by the QueenYmost Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in ttife present Parliament assembled, and
Company by the Authority of the same, That from and after th6 passing of this
may sue
and Act all Actions and Suits whatsoever against any Person or Persons
thVName^of alreac*y indebted or who m&f hereafter be indebted to the said Com-
the Secre- pany called u The Momri6umshire Iron and Coal Company," and all
tary or any Actions, Suits, and other Proceedings whatsoever, at Law or in Equity,
2 for

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