No. 24-1831. him, or paid and transferred to him in the shape of dividends, profits, or otherwise, at any time during the continuance of the partnership, but any partner may annually receive interest on the sum so contributed by him, if the payment of such interest shall not reduce the amount of such capital below the amount originally paid in; and if after the payment of such interest any profits shall remain to be divided, he may also receive his portion of such profits: Provided, however, that if it shall appear that by the How if capital is payment of interest or profits to any special partner the original interest capital has been reduced, the partner receiving the same shall be bound to restore the amount necessary to make good his share of capital, with interest thereon, from the date when they were so withdrawn respectively. reduced by paying to specia partner. Special partner may examine into concerns of partner ship but may not transact business on 12. A special partner may, from time to time, examine into the state and progress of the partnership concerns, and advise as may to their management; but he shall not transact any business on account of the partnership, or be employed for that purpose as its account. agent, attorney, or otherwise; and if he shall personally enter into any transaction, or make any contract respecting the concerns of the partnership with any person except general partners, he shall be deemed and treated as a general partner in relation to such transaction or contract, unless it shall be made to appear that in entering into such transaction or making such contract he acted as a special partner only. General partners 13. The general partners shall be liable to account to each other, to Grant. Do th and to the special partners, for their management of the business, other and to specia as other partners now are by law. partners. when partnership 14. In case of the insolvency of any limited partnership, no As to claims of special partner shall under any circumstances be allowed to claim special partners as a creditor until all the claims of all the other creditors of the becomes insolvent. partnership shall be satisfied. 15. This Act may be cited for all purposes as "The Special Short Title. Partnerships' Limited Liability Act, 1861.3 No. 25-1861.] [August 14, 1861. An Act to Increase for a limited time the rate of Transfer Duty. [Repealed by Act 11, 1863.] No. 26-1861.] [August 14, 1861. An Act to Authorise the Raising upon Loan of a Sum not exceeding £200,000. [Spent.] No. 27-1861.] [August 14, 1861. An Act for Applying a Sum not exceeding Five Hundred and One Thousand Three Hundred and Sixty-eight Pounds and Five Shillings for the Service of the Year 1861. [Spent.] No 31-1861. No. 28-1861.] [August 14, 1861. An Act for Applying a Sum not exceeding Two Hundred and Sixty-two Thousand Nine Hundred and one Pounds for the Service of the Year 1862. [Spent.] No. 29-1861.] [August 14, 1861, An Act for Establishing a Municipality for the City of Graham's Town. [Repealed by Act 23, 1869.] No. 30-1861.] [August 14, 1861. An Act to Continue the Ordinance No. 11, 1837, entitled "An Ordinance for Establishing, Regulating, and Providing for the. South African College." [Repealed by Act 15, 1878.] No. 31-1861.] ACT [August 14, 1861. Preamble. For the Regulation of the Affairs of the General Estate and Orphan Chamber. WHEREAS certain persons did, by a deed bearing date at Cape Town in this Colony of the Cape of Good Hope, the ninth day of March, one thousand eight hundred and fifty-six, enter into a contract of co-partnership for the purpose of administering all such property and estates as they might be lawfully appointed to as executors, administrators, tutors or curators, and trustees, under the style or title of, in English, "The General Estate and Orphan Chamber," and in Dutch, "De Algemeene Boedel en Weeskamer" And whereas the joint stock or capital sum of twenty thousand pounds sterling, mentioned in the said deed, divided into one hundred shares, was vested in certain trustees appointed from the directors of the said General Estate and Orphan Chamber to serve as an available fund to satisfy any claim or demand which any person might have upon the said co-partnership, has since been annually increased according to the provisions in the said deed contained, and now amounts to the sum of twenty thousand five hundred and seventy-eight pounds: And whereas the following are the persons who now constitute the shareholders of the said Names of share- Chamber, that is to say: John Addey, Henry Mathew Arderne, Emily Susan Arderne, Richard Labrun Attwell, Christian Friedrich Barth, Johannes Arnoldus Bartman, Anthony Joseph Becker, Charles Davidson Bell, Michael Benjamin, Oloff Marthinus Bergh, Marthinus Adrianus Bergh, Christina Jacoba Vos Bergh, Dorothea Henrietta Bergh, Henry Bickersteth, M.D., Joseph Blackburn, holders. Christian Hendrik Bösenberg, Christian Jacobus Bosman, William Boyes, George David Brunette, Jonathan Calf, James Carey, Réne Julien Clement, senior, Réne Julien Clement, junior, Henry Anthony Cooke, Robert James Crozier, Margaretha Wilhelmina Cruywagen, John Thomas Deane, William Wallace Dickson, George Christopher Dodd, Charles Robert Eaton, Hendrik Pieter Ekermans, Matthew Farrall, Ryk le Sueur Fischer, William Fisher, James Forrester, Jan Daniel Frieslich, Henry Hall, John Harris, Mary Harris, Widow of Albert Pieter Hiebner, Rev. John William van Rees Hoets, Rev. Nicolas Servaas Hofmeyr, Rev. Servaas Hofmeyr, Johannes Jacob Hofmeyr, Stephanus Johannes Hofmeyr, J. H. son, Edward Hull, Rice Daniel Jones, Wid. of Petrus Johannes Keeve, William Kuhr, Agatha Katharina van der Lingen, Adriaan Johannes Louw, Jacobus François Malan, senior, Jacobus Johannes Malan, J. F. son, Gideon Joshua Malherbe, Johannes Ramner Marquard, Leopold Marquard, junior, Nicolas Wollaston Meyer, Isaac Joshua Minnaar, Tobias Mostert, David Mudie, Gysbert van Reenen Muller, Benjamin Norden, Johanna Maria van Rheede van Oudtshoorn, Archibald Penney, Michiel Pentz, J. F. son, Petrus Johannes Pentz, J. F. son, Jacobus Fredricus Gerhardus Pietersen, Barend Pieter du Plessis, Isaac Petrus Henricus van der Poel, Marthinus Melck van Reenen, Jan Daniel Karnspek Reitz, Pierre Gille François Rocher, François Joseph Rocher, Isaac Albertus Johannes Roos, Tieleman Roos, Frederick Foulger Rutherfoord, Bernard Scheitlin, Carl August Wilhelm Schmieterloew, John Shepherd, Johan Conrad Silberbauer, Martha Fredrica Silberbauer, Carel Jacob Smuts, Carel Pieter Spolander, Rev. Johan Melchior Kloek van Staveren, Johan George Steytler, junior, Dorothea Henrietta le Sueur, Rev. Henry Sutherland, Anna Susannah Syfret, George Henry Syme, M.D., David Tennant, Jacobus Gerhardus Tier, Guilliam Johannes du Toit, E. son, David Pieter du Toit, E. son, Henry Knight Tredgold, Jan Stephanus de Villiers, junior, David Andreas de Villiers, Abraham Barend de Villiers, P. J. son, Willem Weideman, Thomas James Welch, Petrus Jacobus de Wet: And whereas under the provisions of the said deed the directors are authorised and empowered to obtain an Act to incorporate the said General Estate and Orphan Chamber; and, in order the better to enable them to carry the said object into effect: Be it therefore enacted by the Governor, by and with the advice and consent of the Legislative Council and the House of Assembly, that it shall and may be lawful for the said persons and such others as may become entitled to the privileges of this Act, under the provisions of the said deed, to be and continue joint-stock proprietors of the said sum of twenty thousand five hundred and seventy-eight pounds, and of all such sums as they may hereafter acquire under the provisions of the said deed, and to constitute and be a company for the purposes No. 31-1861. No. 31-1861. list of shareholders Supreme Court. before mentioned, to be carried on under the style or firm of "The General Estate and Orphan Chamber." Trust deed and 2. A copy of the said deed, duly authenticated by the secretary to be filed with of the said General Estate and Orphan Chamber, appointed under Registrar oft the the provisions of the said deed, shall be filed in the office of the Registrar of the Supreme Court of this Colony of the Cape of Good Hope within one month after the passing of this Act; and in like manner a return of the names of the several persons at the time being members of the said General Estate and Orphan Chamber, with their respective places of abode, and the name and place of abode of the chairman, and of each director thereof, and of the secretary thereof, in the same manner authenticated shall be at the same time filed in the said office. Alteration in deed 3. A copy of all alterations in or additions to the said deed to be similarly filed. which may at any time be made in conformity with the provisions therein contained, shall within one month after any such alterations or additions shall have been duly made, in like manner authenticated, be in like manner filed in the office of the said Registrar. Transfers of shares. Name and abode of chairman, direc extract of deed or 4. Whenever the transfer of any share in the said co-partnership or company shall be made, a return in like manner authenticated shall, within one month after such transfer shall have been made, be in like manner filed in the office of the said Registrar, and which return shall contain the date of such transfer, the name and place of abode of the person to whom or in whose behalf such transfer is made. 5. A return in like manner authenticated shall, from time to tors, and secretary. timo as occasion shall render it necessary be filed in the office of the said Registrar, of the name and place of abode of any person who shall have been appointed chairman, director, or secretary, within one month after such appointment shall have been made. Certified copy or 6. A copy made from the said deed, and of any alteration in or return may be used addition thereto, which may have been made and filed as aforesaid; and a copy of any such return of any such chairman, director, secretary, or members certified under the hand of the Registrar of the Supreme Court, shall in all proceedings, civil or criminal, be received in evidence or proof of such deed, and of any such alteration or addition as aforesaid, and of the authority of the officer named in any such return, and also of the fact that all persons. therein named as members were such at the date of such return. in evidence. Chamber valid. Appointments by 7. All appointments under and by virtue of any last will and testament, codicil, or of any deed or act which shall have been at any time previous to the passing of this Act, or which shall hereafter be duly made and executed, of the directors of the General Estate and Orphan Chamber, or of the secretary of the General Estate and Orphan Chamber as executors, administrators, tutors, curators, or agents, or as exe utor, administrator, tutor, or agent as the case may be, shall be deemed and taken to be a valid appointment of the General Estate and Orphan Chamber hereby constituted. No. 31-1861. bers admissible. 8. In all actions, suits, and proceedings, whether civil or criminal, Evidence of memthe evidence of any person being a member of the said General Estate and Orphan Chamber shall be admissible in like manner as if such person were not a member thereof. 9. All actions and suits and all other proceedings at law to be Actions by the commenced or instituted for and on behalf of the said General brought in the name Chamber to be to be sued in the Estate and Orphan Chamber against any person or persons, bodies of the secretary, and politic or corporate, or others (whether members of the said same manner. General Estate and Orphan Chamber or otherwise), for recovering any debts or enforcing any claims or demands due to the said General Estate and Orphan Chamber, or for any other matter relating to the concerns of the said General Estate and Orphan Chamber, shall, and lawfully may, after the passing of this Act, be commenced or instituted and prosecuted to a final judgment or sentence in the name of the secretary of the General Estate and Orphan Chamber as the nominal plaintiff, applicant, or petitioner for and on behalf of the said General Estate and Orphan Chamber, and shall and lawfully may, subject to the provisions of any Act, Law, or Ordinance which may be in force, or which may hereafter be enacted on that behalf, prosecute any criminal action for any fraud, crime, or offence committed against, or with intent to defraud the said General Estate and Orphan Chamber or the members thereof jointly; and that no action or other proceedings shall abate, discontinue, or be rendered ineffectual by reason of the death or resignation of such secretary, but the secretary for the time being shall always be deemed to be the plaintiff, applicant, petitioner, or prosecutor in any such action, suit, or other proceedings as the case may be; and that all actions and suits and proceedings at law, to be commenced or instituted by any person or persons, bodies politic or corporate, or others, whether members of the said General Estate and Orphan Chamber, or otherwise, against the said General Estate and Orphan Chamber, or against the said members thereof, jointly, shall, and lawfully may be commenced, instituted, and prosecuted to a final judgment or sentence against the said secretary of the General Estate and Orphan Chamber as the nominal defendant or respondent for and on behalf of the said General Estate and Orphan Chamber, or for the members of the said General Estate and Orphan Chamber aforesaid, and not against the General Estate and Orphan Chamber or against the members or any of them. 10. It shall and may be lawful for the secretary of the said General Estate and Orphan Chamber to bring and maintain any action, suit, or other proceeding at law, against any person being an officer or member of the said General Estate and Orphan Officers or members may be sued. |