No 31-1861. And may bring actions against the Chamber. Shares or divi dends not to be set to Chamber. Chamber for or on account of any claim or demand which the said General Estate and Orphan Chamber may have against such person, in like manner as if he were not an officer or member thereof. 11. It shall and may be lawful for any person being an officer or a member of the said General Estate and Orphan Chamber to bring and maintain any action, suit, or other proceeding at law, against the secretary of the said General Estate and Orphan Chamber for or on account of any claim or demand which he may have against the said General Estate and Orphan Chamber, in like manner as if such person were not a member of the said General Estate and Orphan Chamber. 12. No claim or demand which any member of the said General off against debts due Estate and Orphan Chamber may have in respect of his share of the capital stock of the said co-partnership, or of any dividends, interests, or profits payable in respect of such shares shall be capable of being set off: and no claim in reconvention shall be brought on account of any such share or dividends or profits against any demand which the said General Estate and Orphan Chamber may have against such member on account of any other matter or thing whatsoever, but all proceedings in respect of such other matter or thing may be carried on as if no claim or demand existed in respect of such capital stock or of any dividends, interests, or profits payable in respect thereof. Two directors to execute deeds, &c. Public Act. Preamble. 13. It shall and may be lawful for any two directors of the said General Estate and Orphan Chamber to execute any bond or other act, for and on behalf of the said General Estate and Orphan Chamber to draw up and execute any inventory or liquidation, distribution, or other account: And all such bonds, acts, inventories, and accounts so executed, shall be equally valid as if the same had been done and executed by every one of the members thereof. 14. This Act shall be deemed and taken to be a public Act and shall be judicially taken notice of by all judges, magistrates, and others, without being specially pleaded. No. 32-1861.] ACT [August 14, 1861. For Incorporating the Union Fire and Marine Insurance and Trust Company, and enabling them to sue and be sued in the name of their Secretary. WHEREAS by a deed bearing date at Graham's Town the tenth day of December, in the year of our Lord one thousand eight hundred and fifty-eight, certain persons did become co-partners together in a certain joint-stock company, called "The Union Fire and Marine Insurance Company," for the insurance of movable and immovable property of every description against loss or damage by fire, and for the insurance of ships or vessels and goods, merchandise and effects, or other property, from risk at sea or in being carried to or from such ships or vessels, with a capital of one hundred thousand pounds sterling, divided into ten thousand shares of ten pounds sterling each; And whereas five thousand one hundred and fifty shares in the said company have been allotted, upon which the sum of seven thousand seven hundred and twenty-five pounds sterling has been paid up by the holders thereof as and for part of the said capital stock of the said company, and the remaining four thousand eight hundred and fifty shares have been reserved for the benefit of the shareholders of the said company; And whereas by a certain supplementary deed, bearing date at Graham's Town the twentieth day of November, in the year of our Lord one thousand eight hundred and sixty, and executed on behalf of the several shareholders of the said company by one Henry Crump, who was duly authorised and empowered in that behalf by a resolution of a special general meeting duly convened according to the conditions and provisions of the first-mentioned deed, it was declared and provided that the business of the said company be extended to the administration and management of such estates and other property as the said company shall be appointed to administer and manage as executors, trustees, administrators, tutors, guardians, curators, or agents, either under or by virtue of a rule or order of any competent Court, or by the direction of the Master for the time being of the Supreme Court of this Colony in his official capacity, or by the last will and testament or by any valid act or deed of any person or persons whomsoever, or by virtue of any marriage settlement, power of attorney or otherwise, and that the title and designation of the said company should be "The Union Fire and Marine Insurance and Trust Company "; And whereas the directors of the said company, acting for and on behalf of the said shareholders and being duly authorised by them in that behalf, have applied for an Act to incorporate the said company as constituted under the said respective deeds and in order the better to enable them to carry into effect the objects of the said company: No. 32-1861. style of company. 1. Be it therefore enacted by the Governor of the Cape of Good Incorporation and Hope, by and with the advice and consent of the Legislative Council and 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 respective deeds, to be and continue joint-stock proprietors of the said capital sum of one hundred thousand pounds and of all such other sums of money as they may hereafter acquire under the provisions of the said respective deeds, and to constitute and be a company for the purposes before mentioned, to be carried on under the style and firm of "The Union Fire and Marine Insurance and Trust Company." No. 32-1861. 2. A copy of the said deed and also a copy of the said suppleCopy of trust-deed mentary deed, duly authenticated by the secretary of the said directors and share- company appointed under the provisions of the said deed, shall be holders to be filed in filed in the office of the Registrar of the Supreme Court of this with list of present Supreme Court. Alterations or additions to be likewise filed. Transfer of shares. Names of future directors to be also filed. Certified copies or extract of deeds or as evidence. Colony, within one month after the passing of this Act, and in like manner a return of the names and places of abode of the several persons at the time being shareholders of the said company, and of the names and places of abode of the chairman and of each director thereof and of the secretary thereof. 3. A copy of all alterations in or additions to the said deed and supplementary deed, which may at any time be made in conformity with the provisions therein contained, shall within three months after any such alteration or additions shall have been duly made in the like manner authenticated, shall be in the same manner filed in the office of the said Registrar. 4. Whenever the transfer of any share or shares in the said company shall be made, a return in like manner authenticated shall, within three months after such transfer shall have been made, be in the same manner filed in the said office of the said Registrar, and which return shall contain the date of such transfer, and 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 time 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, in the place of any former chairman, director, or secretary, within three months after such appointment shall have been made. 6. A copy of or extract from the copy of the said deeds or returns to be taken either of them, and of any alterations therein or additions thereto. which may have been made and filed as aforesaid, and copy of an extract from any such returns as aforesaid, which may have been made and filed as aforesaid, purporting to be certified under the hand of the Registrar of the Supreme Court, shall, in all proceedings, civil or criminal, be received in evidence as prima facie proof of all matters contained or recited in such certified copy or extract, and of the authority and appointment of the person or persons named therein, whether a shareholder, director, chairman, secretary, or otherwise, and of the fact of their being such at the date of such certificate, and such certified copy or extract shall be received in evidence without any proof of the handwriting of the said Registrar, or of his appointment. Appointment company as execu of 7. All appointments by any competent Court or authority, or by, tors, &c., to be valid. under, or by virtue of any last will and testament, codicil, marriage settlement, power of attorney, or any other deed or act which shall have been at any time previous to the passing of this Act, or which shall be hereafter duly made and executed, of the directors or secretary of the said company, as trustees, assignees, executors, administrators, tutors, curators, guardians, or agents; or as trustee, assignee, executor, administrator, tutor, curator, guardian, or agent, as the case may be, shall be deemed and taken to be a valid appointment of the said company. No. 32-1861. holder admissible. 8. In all actions, suits, and proceedings, whether civil or Evidence of sharecriminal, the evidence of any person being a shareholder of the said company shall be admissible in like manner as if such person were not a shareholder thereof. to be brought by secre 9. All actions, suits, and proceedings at law to be brought for Actions or on behalf of the said company against any person or persons, tary. bodies politic or corporate, or others, whether shareholders of the said company or otherwise, for or on account or in respect of any debt, claim, or demand, due to the said company, or for or on account or in respect of any other matter or thing relating to the concerns of the said company, shall and may after the passing of this Act be brought and maintained in the name of the then secretary of the said company, as the nominal plaintiff, applicant, or petitioner for and on behalf of the said company, and all proceedings of a criminal nature for any fraud, crime, or offence committed against the said company or their property, or with intent to injure or defraud the said company, shall and may, subject to the provisions of any Act, Law, or Ordinance which may be in force or which may hereafter be enacted in that behalf, be prosecuted for and on behalf of the said company by and in the name of such secretary as aforesaid as nominal prosecutor, and in any indictment or information it shall be sufficient to describe the property of the said company as the property of such secretary, and any offence against or with intent to injure or defraud such secretary as aforesaid, and all actions, suits, and proceedings at law to be brought by any person or persons bodies politic or corporate, or others, whether shareholders of the said company or otherwise, against the said company, shall and may be brought and maintained against such secretary as aforesaid, as the nominal defendant or respondent for and on behalf of the said company, and not against the said company, or the directors or shareholders thereof or any of them. And no action, suit, or proceeding as aforesaid shall abate, discontinue, or be rendered ineffectual by reason of the death, removal, or resignation of such secretary, but in any such event and as often as the same may occur the name of the secretary for the time being shall be substituted in the subsequent proceedings. Secretary may bring actions against or share holder. 10. It shall and may be lawful for the secretary of the said company to bring and maintain any action, suit, or other officer proceeding at law against any person being an officer or shareholder of the said company, for or on account of any claim or demand which the said company may have against such No. 32-1861. shareholder may secretary. person, in like manner as if he were not an officer or shareholder thereof. Any officer or 11. It shall and may be lawful for any person, being an officer bring action against or shareholder of the said company, to bring and maintain any action, suit, or other proceeding at law against the secretary of the said company, for or on account of any claim or demand which he may have against the said company, in like manner as if he were not an officer or shareholder thereof. Share in capital stock or dividends against claims company. of 12. No claim or demand which any shareholder of the said not to be set off company may have in respect of his share of the capital stock of the said company, or of any dividends, interest, or profits payable in respect of any such share, shall be capable of being set off, and no claim in reconvention shall be brought on account of any such share, dividends, interest, or profits against any claim or demand which the said company may have against such shareholder on account of any other matter or thing whatsoever, but all proceedings in respect of such other matter or thing may be carried on as if no claim or demand existed in respect of such capital stock or of any dividends, interest, or profits payable in respect thereof. Two directors may cies, &c. 13. It shall and may be lawful for any two of the directors of execute bonds, poli- the said company to make and execute for and on behalf of the said company, any bond, deed, policy of insurance, inventory, liquidation, distribution, or other account, or any act or instrument whatsoever, and every such bond, deed, policy of insurance, inventory, account, act and instrument shall be as valid and effectual to and for all intents and purposes as if the same had been made done and executed by all or any of the directors or shareholders thereof. Public Act. Treamble. 14. This Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all Judges, Magistrates, and others, with or without being specially pleaded. No. 33-1861.] ACT [August 14, 1861. To Incorporate the Cape Town and Green Point Tramway WHEREAS it is desirable and expedient that a company should be formed and incorporated for the purpose of constructing, maintaining, and working a line of tramway from Sea Point to Somerset-road, Waterkant, Bree-street, Strand-street, Long-street, Wale-street, and Burg-street, to Market-square, Cape Town: And whereas certain steps have already been taken by the appointment 1 See Act 19, 1879. |