The Workmen's Liens Act.-1893.

not affected by this

48. Nothing in this Act contained shall create or give any right Lands, &c., of Crown or remedy against land vested in Her Majesty or in any person Act. for or on behalf of the Government or increase or change the liability of Her Majesty, or of any person procuring the performance of work for or on behalf of the Government and, except as between the contractors, sub-contractors, and workmen, this Act shall not apply to such work.

49. Notwithstanding the provisions of "The Real Property Act to apply to land Act, 1886," this Act shall apply to land subject to the provisions of under Real Property the said Real Property Act

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

Act.

S. J. WAY, Lieutenant-Governor.

Adelaide: By authority, C. E BRISTOW, Government Printer, North terrace.

An Act to amend "The Companies Act, 1892," and for

other purposes.

[Assented to, December 23rd, 1893.]

E it Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. This Act may be cited as "The Companies Amendment Act, Short title. 1893."

3 of "The Companies

Act, 1892."

2. In place of the words in section 3 of "The Companies Act, Amendment of section 1892," "Company,' except in Parts II., III., IV., VI., VIII., and IX., means a Company formed or registered under this Act, The Companies Act, 1864,' or The Mining Companies Act, 1881,'" shall be read the words, "Company in Parts V. and VII. means a Company formed or registered under this Act, 'The Companies Act, 1864,' or The Mining Companies Act, 1881.'

6

3. (1) In section 3 of "The Companies Act, 1892," shall be read at the end and as forming part of the definition of "foreign Company" the words "and shall extend to and include any uninincorporated joint stock Company which may sue or be sued or hold property in a common name, and which shall not have its head office or principal place of business in South Australia"; but no such Company carrying on business in South Australia at the time of the passing of this Act need comply with the provisions of the

576

principal

Provisions as to porations.

foreign quasi-cor

The Companies Amendment Act.-1893.

principal Act, or of this Act, until after the thirtieth day of June, one thousand eight hundred and ninety-four.

(2) In section 196 of "The Companies Act, 1892," shall be read at the end and as forming part of sub-section 11. (a) the words "or if the Company is not incorporated, then that the Company is privileged to sue or be sued or hold property in the common name mentioned in the power of attorney in accordance with the law of the country where the privileges are conferred":

4. Section 68 of "The Companies Act, 1892," so far as subsections I., II., III., and IV. of such section are concerned, and sections 75, 76, and 77 of the same Act, shall apply to a no-liability Company registered under such Act as well as to a Company limited by shares.

5. In section 196 of "The Companies Act, 1892," sub-section IV., all the words after the word "and" in the third line thereof are hereby repealed, and in lieu of the words so repealed shall be read the words "if the Company be incorporated evidence of its incorporation pursuant to section 207 of this Act." This amendment shall not apply where a Company has, previously to the passing of this Act complied with sub-section 4 of section 196 of the principal Act.

6. In section 199 of "The Companies Act, 1892," after the word "death" in the ninth line thereof shall be read the word "or," and after the figures "Iv." in the eleventh line thereof shall be read the words" down to and inclusive of the word 'thereto.""

7. In section 210 of "The Companies Act, 1892," shall be read at the end and as forming part of sub-section (1) the words except as regards the deposit in the office of the Registrar of evidence of the incorporation of the Company."

66

8. Any foreign Company which has complied with sections 25 and 26 of the "Life Assurance Companies Act, 1882," shall, so long as the power of attorney, copy whereof has been deposited under these sections, continues in force, be deemed to have complied with section 196, sub-sections I., II., III., and IV. of "The Companies Act, 1892," except as regards the deposit in the office of the Registrar of evidence of incorporation; and compliance on the part of any foreign Life Assurance Company with the provisions of Part VIII. of "The Companies Act, 1892," shall be deemed to be compliance with the provisions of the said sections 25 and 26 of the "Life Assurance Companies Act, 1882."

9. In section 196 of the principal Act shall be read at the end and as forming a new sub-section the words :—

VI. Where any foreign Company shall by power of attorney (hereinafter referred to as the original power of attorney) under its common seal, or executed in such manner as to

be

The Companies Amendment Act.-1893.

be binding on the Company, empower some person,
whether in the Province or South Australia or elsewhere,
to act as its attorney with the powers referred to in sub-
section I., and such attorney shall, in exercise of a power
thereby conferred, delegate such powers to any other
person or appoint a substitute in the said province to
exercise such powers, such Company shall be deemed to
have complied with sub-sections I., II., III., IV., and v.
(a) A declaration, with respect to such original power of
attorney shall be made by one of the directors or the
general manager or secretary of the Company, in
accordance with the provisions of sub-section II., and
such declaration shall be indorsed on or annexed to
such original power of attorney:

(b) The deed under which such powers as aforesaid are
delegated, or substitutionary power of attorney as the
case may be (which deed and substitutionary power of
attorney, as the case may be, are hereinafter included
in the designation "the sub-power of attorney"), shall
be executed in the presence of two witnesses, and there
shall be attached thereto a statutory declaration, made
before a British Consul, notary, or other person autho-
rised to take the same, by one of such attesting
witnesses to the effect that such sub-power of attorney
has been duly executed:

(c) The Company shall deposit in the office of the Registrar
of Companies the original power of attorney, and
also the sub-power of attorney with the respective
declarations attached thereto, and if the Company shall
be incorporated evidence of its incorporation, pursuant
to section 207 of the principal Act:

(d) The attorney acting under the sub-power of attorney
shall comply with sub-section v.

tion 557 of "The

Companies Act,

10. The Companies Act, No. 557 of 1892, is hereby amended Amendment of secby leaving out the words "and shall be issued by the liquidator" at the end of Regulation No. 11, in the "Rules for the Meeting of 1892." Creditors, Contributories, or Shareholders of a Company under Liquidation."

11. This Act (section 3 excepted) shall be read as if it had been This Act retrospective. passed immediately after the passing of "The Companies Act, 1892."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. J. WAY, Lieutenant-Governor.

Adelaide: By authority, C. E. BRISTOW, Government Printer, North-terrace.