H.—3

6

fifty-nine, and a new deed should be framed, which should embrace the provisions of the firstmentioned deed, and certain alterations which have from time to time been made in and to the said deed, which resolutions were confirmed by the shareholders at a meeting duly held upon the first day of April, and which deed has been duly adopted, and will come into force on, and be the deed of the said company from and after, the first day of October, one thousand eight hundred and fiftynine ; And whereas the said persons have applied for an Act to incorporate the said Board of Executors, as constituted under the said last-mentioned deed ; and in order the better to enable them to carry the said objects into effect—to take effect from and after the said first day of October, one thousand eight hundred and fifty-nine : Be it theeefoee 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 other 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 sixteen thousand five hundred pounds, and of all such sums as they may hereafter acquire under the provisions of the said deed, and to constitute and bo a company for the purposes before mentioned, to be carried on under the style or firm of " The Board of Executors." 11. A copy of the said deed, duly authenticated by the secretary of the said Board of Executors appointed under the provisions of the said deed, shall be filed in the office of the Begistrar 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 Board of Executors, 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. 111. A copy of all alterations in, or additions to, the said deed 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 Begistrar. IV. Whenever the transfer of any share in the said copartnership 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 Begistrar, 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. V. 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 Begistrar of the name and place of abode of any person who shall have been appointed chairman, director, or secretary, in place of any former chairman, director, or secretary, within one month after such appointment shall have been made. VI. A copy made from the copy of the said deed, or, if any alteration on, or addition thereto, which may have been made and filed as aforesaid; that a copy of any such return of any such chairman, director, secretary, or member, certified under the hands of the Begistrar of the Supreme Court, shall, in all proceedings, civil or criminal, be received in evidence or proof of such deed, or of any such alteration or addition as aforesaid, or 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. VII. 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 Board of Executors, or of the secretary of the Board of Executors, as executors, administrators, tutors, curators, or agents, or as executor, administrator, tutor, curator, or agent, as the case may be, shall be deemed and taken to be a valid appointment of the Board of Executors hereby constituted. VIII. In all actions, suits, and proceedings, whether civil or military, the evidence of any person, being a member of the said Board of Executors, shall be admissible in like manner as if such per3on were not a member thereof. IX. All actions and suits, and all other proceedings at law, to be commenced or instituted for and on behalf of the said Board of Executors against any person or persons, bodies politic or corporate, or others (whether member of the said Board of Executors or otherwise), for recovering any debts, or enforcing any claims or demands due to the said Board of Executors, or for any other matter relating to the concerns of the said Board of Executors, 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 Board of Executors as the nominal plaintiff, applicant, or petitioner for and on behalf of the said Board of Executors; 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 Board of Executors, or the members thereof jointly, and that no action or other proceeding shall abate, discontinue, or bo 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 Board of Executors or otherwise, against the said Board of Executors, 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 said Board of Executors, as the nominal defendant or respondent for and on behalf of the said Board of Executors, or for the members of the said Board of Executors aforesaid, and not against the Board of Executors, or against the members or any of them.