6 GEO. IV.Sess. 1825. A BILL ΤΟ Enable The Tropical Free-labour Company, to sue and be sued in the Name or Names of the Secretary for the time being, or of any Member or Members of the said Company, and for other purposes relating thereto. HEREAS several Persons have formed themselves into Preamble. a Company or Partnership, under the Name of "The "Tropical Free-labour Company," for the purpose of promoting within the British Dominions the growth of the several Articles of Tropical production by means of Free-labour; in order to which object they have it in contemplation to lend and advance Money to Persons who shall cultivate or manufacture Tropical productions, by means of Freelabour, in any of His Majesty's Colonies, Settlements or Dependencies in the West Indies, or on the Continents, or in any of the Islands of America, Africa and Asia, or those parts of the Continent of Asia, and those Islands which are subject to the Government of the United Company of Merchants of England trading to the East Indies, or elsewhere, between the Tropics, where Free-labour is, or may be used: And whereas considerable Sums have been subscribed for the purpose of raising the necessary Capital for carrying into effect the Objects of the said Company: BUT inasmuch as Difficulties may arise in conducting the Affairs and Concerns of the said Company without the 136. A Aid 5.67022 s. 192561) Company to Name of the bers. Aid and Authority of Parliament, to the extent and in manner hereinafter mentioned: May it therefore please Your MAJESTY, That it may be Enacted; And be it Enacted by The KING's most Excellent MAJESTY, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT all actions and suits, and all petitions in bankruptcy, and all other proceedings at law of the Mem- or in equity, or otherwise howsoever, to be commenced, instituted, presented, prosecuted or carried on by or on the behalf of the said Company against any person or persons, body or bodies politic or corporate, whether the person or persons to be proceeded against in any of the said cases is or are, or shall then be, a member or members of the said Company or not, shall and lawfully may be commenced, instituted, presented, prosecuted or carried on in the name of the secretary for the time being of the said Company, or in the names of any members for the time being of the said Company, as the nominal plaintiff for and on behalf of the said Company; and all actions suits or other proceedings to be commenced or instituted against the said Company, shall be commenced, instituted and prosecuted against the secretary for the time being of the said Company, or against any members of the said Company, as the nominal defendant or defendants for and on behalf of the said Company; and all prosecutions to be brought, instituted or carried on, by or on behalf of the said Company, for fraud. upon or against the said Company, or for embezzlement, robbery, or stealing the property of the said Company, or for any other offence against the said Company, shall and lawfully may be so brought or instituted and carried on in the name of the secretary for the time being of the said Company, or in the names of any members for time being of the said Company; and in all indictments and informa- 136 or (3) or offenders may thereupon be lawfully convicted of any such offence; to state the name of such secretary, or the names of such And be it further Enacted, That a memorial of the name of the secretary of the said Company, and of the names and description of the several persons being members of the said Company, in the form for that purpose expressed in the Schedule to this Act annexed, shall be enrolled upon oath in the High Court of Chancery, within months after the passing of this Act, and when any new Secretary shall be appointed, or any transfer of any share or shares of any member of the said Company or Partnership shall be made, a memorial thereof shall be enrolled in like manner as aforesaid, in the form or to the effect expressed in the said Schedule for that purpose. Provided always, and be it further Enacted, That until such memorial as first herein before mentioned shall have been enrolled in manner herein directed, no action, suit, petition or prosecution, shall be commenced instituted or prosecuted under the authority of this Act; and all the members, whose names shall be expressed in any enrolment to be made in pursuance of this Act, shall be and continue liable to all actions, suits, judgments and executions, until a memorial or memorials of transfer of the shares of such members shall have been enrolled as aforesaid. members as Provided always, and be it further Enacted, That execution upon any judgment in any such action obtained against the secretary for the time being of the said Company, or any aforesaid, whether as plaintiff or defendant, or plaintiffs or defendants, may be issued against any member or members for the time being of the said Company: Provided always, that the secretary or persons in whose name or names any such action or suit shall be commenced, prosecuted or defended, and every such member against whom execution upon any judgment obtained in any such action shall be issued as afore Names of Members to be enrolled in the High Chancery. Court of No Actions to be brought until Memo rial enrolled. Execution upon any judgment may be issued against any Members of the Company, &c. said, Judgments on Actions against the Secretary or shall extend to the Property of the Company; and not af fect the competency of the Secre tary or Witness. Where execution is ineffectual, be issued against any Member of the Com pany. (4) any said, shall always be reimbursed and paid out of the funds of the said And be it further Enacted, That all and every judgment and judgments which shall at any time after the be had or recovered in any action, suit, or proceedings in law or equity, Provided always, and be it further Enacted, That the secretary for the time being of the said Company shall not, by being made the nominal plaintiff, prosecutor or defendant in any such action, suit, proceeding, prosecution or indictment as aforesaid, be rendered thereby incapable of appearing as a witness in any such action, suit, proceeding, prosecution and indictment, but his evidence shall or may be received in the same or like manner as if his name had not been made use of as the plaintiff prosecutor or defendant in any such action, suit, proceeding, prosecution or indictment. Provided always, and be it further Enacted, That in case such execution against the member or members for the time being of the another may said Company shall be ineffectual for obtaining payment and satisfaction for the sum or sums sought to be recovered thereby, it shall be lawful for the party or parties so having obtained judgment against the secretary or any members for the time being of the said Company, to issue execution against any person or persons who was or were a member or members thereof at the time when the contract or contracts was or were entered into upon which such action may have been brought; but no such execution as last mentioned shall be issued without leave of the court in which such action may have been brought, first granted. Liability of Provided always, and be it further Enacted, That it shall not be Members not lawful for the said Company, or any person or persons on behalf to be re stricted. 136. of |