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Repealed by
17 Vic., No. 10

11 Geo. IV., and

1 Gul. IV., c. 65

Repealed by 24 & 25 Vic., c.

95 (Imp.), except sec. 21

1 & 2 Gul. IV., c. 4

2 & 3 Gul. IV. c. 62

2 & 3 Gul. IV., c. 71

2 & 3 Gul. IV., c. 98

3 & 4 Gul. IV., c. 27

3 & 4 Gul. IV., c. 42

3 & 4 Gul. IV., c. 104

Adoption of Imperial Acts

3. An Act for amending the Law respecting the Conveyances Transfers of Estates and Funds vested in Trustees and Mortgagees, and for enabling Courts of Equity to give effect to their Decrees and Orders in certain Cases.

4. An Act for consolidating and amending the Laws relating to Property belonging to Infants, Fêmes-covert, Idiots, Lunatics, and Persons of unsound mind.

* 5. An Act for reducing into one Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery.

6. An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of His Majesty's Revenue, and to establish Declarations in lieu thereof.

7. An Act for consolidating and amending the Laws against offences relating to the Coin.

8. An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser punishment in lieu thereof. 9. An Act for shortening the Time of Prescription in certain Cases.

10. An Act for regulating the Protesting for non-Payment of Bills of Exchange drawn payable at a Place not being the place of Residence of the Drawee or Drawees of the same.

* 11. An Act for abolishing the Punishment of Death in certain Cases of Forgery.

12. An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Right thereof. [Amended by 42 Vic., No. 6.]

13. An Act for the further Amendment of the Law, and the better Advancement of Justice. [Amended by 59 Vic., No. 18.] * 14. An Act to repeal so much of two Acts of the seventh and eighth years and the ninth year of King George the Fourth, as inflicts the Punishment of Death upon persons breaking, entering and stealing in a Dwelling-house; also for giving power to the Judges to add to the Punishment of Transportation for Life in certain Cases of Forgery, and in certain other cases.

15. An Act to render Freehold and Copyhold Estates Assets for the Payment of simple and Contract Debts.

16. An Act for the amendment of the Law relating to Dower. [But now see 57 Vic., No. 9.]

17. An Act for the amendment of the Law of Inheritance. [But
now see 57 Vic., No. 9.]

And whereas it is expedient to adopt and apply the said recited Acts
of Parliament in the administration of justice in the Colony of
Western Australia: Be it therefore enacted by His Excellency the
Governor of Western Australia, with the advice and consent of the
Legislative Council thereof, that the said recited Acts of Parliament

Adoption of Imperial Acts

and every clause provision and enactment therein respectively contained, shall be and the same are and is hereby adopted and directed to be applied in the Administration of Justice so far as they can be applied to the circumstances of the said Colony.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

The Acts marked are repealed by the 24 & 25 Vic., c. 95 (Imp.), which repeal is adopted in this Colony by 29 Vic., No. 5.

WESTERN AUSTRALIA

ANNO OCTAVO

GUL. IV. REGIS

No. 1

An Act to regulate the Establishment of Banking Com-
panies in the Colony of Western Australia; and to
enable the proprietors of such Companies to sue and
be sued in the name of any one of their Public
Officers.
[Assented to 10th July, 1837.

WHER

HEREAS it appears that the establishment of companies con- Preamble sisting of a number of individuals associated together for the purpose of carrying on the business of banking by the joint capital and enterprise of many, which the capital and exertions of a few might be insufficient to accomplish, would tend to advance the interests and facilitate the business of this Colony; and whereas, in order to avoid the difficulties which may arise in carrying on any legal proceedings either by or against any such companies, it is convenient and just that some particular member should be appointed who may sue and be sued in the place and stead of the whole; and whereas these purposes cannot be effected without the aid of the Legislature: Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that it shall be lawful for any number of persons united in copartnership to carry on the trade and business of bankers in Western Australia, and to make and issue their bills or notes payable on demand, or otherwise; and to borrow, owe, or take up any sum or sums of money business of on their bills, or notes so made, or issued: Provided, always, that every member of such co-partnership or company shall be liable to, and responsible for, the due payment of all bills and notes which shall be issued, and for all sums of money which shall be borrowed, owed, and taken up by the co-partnership of which such person shall be a member, such person being a member at the period of the date of the bills or notes (or becoming or being a member before or at the time of the bills or notes) being payable, or being such member at the time of the

[graphic]

It shall be lawful for any number in co-partnership to carry on the

of persons united

bankers

Every member liable for due bills and notes

payment of all

issued, and all sums of money

borrowed

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Banks and Banking Companies

borrowing, owing or taking up of any sum or sums of money upon any bills or notes by the company, or while any sum of money on any bill or notes is owing or unpaid, or at the time the same became due from the company; any agreement, covenant, or contract to the contrary notwithstanding.

2. And be it further enacted, that an account or return shall be made out annually, according to the form contained in the Schedule marked A, to this Act annexed, wherein shall be set forth the true title or designation of such intended or existing company, and also the names and places of abode of all the members of such company, as the same shall respectively appear on the books of such company, and the name of every bank to be established by such company, and also the names and places of abode of two or more persons, being members of such company, and resident in the colony aforesaid, who shall have been appointed public officers of such company, together with the title of office or other description of every such public officer respectively, in the name of any one of whom such company shall sue and be sued as hereinafter provided; and also the name of every town and place where any of the bills or notes of such company shall be issued by such company or by their agent: And every such account or return shall be delivered to the Colonial Secretary, at his office, who shall cause the same to be filed and kept in the said office and an entry thereof to be made in a book kept for that purpose, and which book any person or persons shall from time to time have liberty to search and inspect, on payment of one shilling for every search.

3. And be it further enacted, that such account or return shall be made out by one of the public officers appointed as aforesaid, and shall be verified by the oath of such public officer, taken before any Justice of the Peace; and which oath any Justice of the Peace is hereby authorised and empowered to administer; and that such account or return shall in the present year, within one month after the passing of this Act, and in every subsequent year, on or before the last day of June, be in like manner delivered by such public officer as aforesaid to the Colonial Secretary, to be filed and kept in the manner and for the purposes as herein before mentioned.

4. And be it further enacted, that a copy of every such account or return so kept at the said office, as by this Act is directed, and which copy shall be certified to be a true copy under the hand of the Colonial Secretary for the time being, or the Chief Clerk or other officer of the said Colonial Secretary, upon proof made that such certificate has been signed with the handwriting of the person making the same, shall in all proceedings, civil or criminal, and in all cases whatsoever, be received in evidence as proof of the appointment and authority of the public officers named in such account or return, and also of the fact that all persons named therein as members of such company were members thereof at the date of such account or return.

5. And be it further enacted, that the said Colonial Secretary for the time being shall and is hereby required, upon application made to him by any person or persons requiring a copy, certified according to this Act, of any such account or return as aforesaid, in order that the same may be produced in evidence or for any other purpose, to deliver

Banks and Banking Companies ·

Fee for such

copies

Public officer also to make out of new officers or

quarterly returns

members

to the person or persons so applying for the same, such certified copy, he, she, or they paying for the same the sum of ten shillings and no more. Provided also, and be it further enacted, that the secretary or other public officer of every such company shall, at the time of making out the quarterly returns hereinafter mentioned, also make out on oath, in manner hereinbefore directed, and cause to be delivered to the Colonial Secretary as aforesaid, a further account or return, according to the form in the Schedule marked B, to this Act annexed, of the name or names of any person or persons who shall have been nominated or appointed a new or additional public officer or public officers of such company, and also of the name or names of any person or persons or of those who who shall have ceased to be member or members of such company, also of the name or names of any person or persons who shall have become a member or members of such company, either in addition to or in the stead of any former member thereof, and of the name or names of any new or additional town or towns, place or places, where such bills or notes are or are intended to be issued, and where the same are to be made payable; and such further accounts or returns shall be filed and kept, and entered and registered, in like manner as is Such further hereinbefore required with respect to the original or annual account or return hereinbefore directed to be made.

and

6. And be it further enacted, that all actions and suits, and all proceedings at law or in equity or otherwise, howsoever to be commenced or instituted, for or on behalf of any such company against any person or persons, bodies politic or corporate, or others, whether members of such company or otherwise, for recovering any debts or enforcing any claims or demands due to such company, or for any other matter relating to the concerns of such company, shall and lawfully may from and after the passing of this Act be commenced and prosecuted in the name of any one of the public officers, nominated as aforesaid for the time being, of such company, as the nominal plaintiff or petitioner. for and on behalf of such company; and that all actions or suits and proceedings at law or in equity to be commenced by any person persons, bodies politic or corporate, or others, whether members of such company or otherwise, against such company, shall and lawfully may be commenced and prosecuted against any one or more of the public officers, nominated as aforesaid for the time being, of such company, as the nominal defendant for and on behalf of any such company; and that all indictments, informations, and prosecutions by or on behalf of such company, for any stealing or embezzlement of any money, goods, effects, bills, notes, securities, or other property of or belonging to such company, or for any fraud, forgery, crime, or offence, committed against or with intent to injure or defraud such company, shall and lawfully may be had, preferred, and carried on in the name of one of the public officers, nominated as aforesaid for the time being, of such company; and that in all indictments and informations to be had or preferred by or on behalf of such company against any person or persons whomsoever, notwithstanding such person or persons may happen to be a member or members of such co-partnership, it shall be lawful and sufficient to state the money, goods, effects, bills, notes, securities, or other property of such company, to be the money, goods, effects, bills, notes, securities, or other property of any one of the public officers,

have ceased to be members

returns to be

filed

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Banks and Banking Companies

nominated as aforesaid, for the time being, of such company; and that any forgery, fraud, crime, or offence committed against or with intent to injure or defraud any such company shall and lawfully may, in such indictment, notwithstanding as aforesaid, be laid, or stated to have been committed against or with intent to injure or defraud any one of the public officers, nominated as aforesaid, for the time being, of such company-and any offender or offenders may thereupon be lawfully convicted for any such forgery, fraud, crime, or offence, and that in all other allegations, indictments, informations, or other proceedings of any kind whatsoever, in which it otherwise might or would have been necessary to state the names of the persons composing such company, it shall and may be lawful and sufficient to state the name of any one of the public officers, nominated as aforesaid, for the time being, of such company and the death, resignation, removal, or any act of such public officer shall not abate or prejudice any such action, suit, indictto prejudice any ment, prosecution, information, or other proceedings commenced against or by or on behalf of such company, but the same may be continued, prosecuted and carried on in the name of any other of the public officers of such company for the time being.

Death, &c., of such public officer not

suit, &c.

Public officer to

give evidence,

his interest in

the result of the action or proceeding

7. Provided always, and be it further enacted, that in all actions, notwithstanding suits, petitions, or other proceedings, either at law or in equity, in which the said public officer for the time being shall be on behalf of the said bank, and under and by virtue of this Act, plaintiff, complainant, petitioner, or defendant, it shall and may be lawful for the said public officer for the time being to give evidence in such action, suit, petition, or other proceeding, notwithstanding the name of such public officer for the time being shall be used as plaintiff, complainant, petitioner, or defendant, and notwithstanding that such public officer shall or may be interested in the result of such action as a shareholder or co-partner in the said banking company.

No more than

the recovery of one demand

8. And be it further enacted, that no person or persons, or body or one action for bodies politic or corporate, having or claiming to have any demand upon or against any such company, shall bring more than one action or suit, in case the merits shall have been tried in such action or suit in respect of such demand; and the proceedings in any action or suit by or against any one of the public officers aforesaid, for the time being, of such company may be pleaded in bar of any other action or suit for the same demand, by or against any other of the public officers of such company.

Decrees of a Court of Equity against public officer to take effect against company

Judgments against such

9. And be it further enacted, that every decree, or order made or pronounced, in any suit or proceedings in a Court of Equity, against any public officer of any such company, shall have the like operation against the property of such company, and against the person and property of every member thereof, as if every such member was a party before the Court to and in any such suit or proceeding; and that it may be lawful for any Court in which such order or decree shall have been made to cause such order or decree to be enforced against every or any member of such company, in like manner as if every member of such company were a party before the Court to and in such suit or proceeding, and although every such member is not before the Court.

10. And be it further enacted, that every judgment or decree, which shall at any time after the passing of this Act be had or

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