one of their

So of Indictments, &c. by Copartnerships.

Proceedings at Law or in Equity under any Sequestration or Public Officers. Commission of Bankruptcy, and all other Proceedings at Law and in Equity, to be commenced or instituted for or on behalf of any such Society or Copartnership, against any Person or Persons, Bodies Politic or Corporate, or others, whether Members of such Society or Copartnership or otherwise, for recovering any Debts or enforcing any Claims or Demands due to such Society or Copartnership, or for any other Matter relating to the Concerns of such Society or Copartnership, shall and lawfully may, from and after the passing of this Act, be commenced or instituted and prosecuted in the Name of any One of the Public Officers nominated as aforesaid for the Time being of such Society or Copartnership, as the nominal Plaintiff or Petitioner for and on behalf of such Society or Copartnership; and that all Actions or Suits and Proceedings at Law or in Equity, to be commenced or instituted by any Person or Persons, Bodies Politic or Corporate, or others, whether Members of such Society or Copartnership or otherwise, against such Society or Copartnership, shall and lawfully may be commenced, instituted and prosecuted against any One of the Public Officers nominated as aforesaid for the Time being of such Society or Copartnership, as the nominal Defendant for and on behalf of such Society or Copartnership; and that all Indictments, Informations and Prosecutions, by or on behalf of such Society or Copartnership, for any Stealing or Embezzlement of any Money, Goods, Effects, Bills, Notes, Securities or other Property of or belonging to such Society or Copartnership, or for any Fraud, Forgery, Crime or Offence committed against or with Intent to injure or defraud such Society or Copartnership, shall and lawfully may be had, preferred and carried on in the Name of any One of the Public Officers nominated as aforesaid for the Time being of such Society or Copartnership; and that in all Indictments and Informations to be had or preferred by or on behalf of such Society or Copartnership, against any Person or Persons whomsoever, notwithstanding such Person or Persons may happen to be a Member or Members of such Society or Copartnership, it shall be lawful and sufficient to state the Money, Goods, Effects, Bills, Notes, Securities or other Property of such Society or Copartnership, to be the Money, Goods, Effects, Bills, Notes, Securities or other Property of any One of the Public Officers nominated as aforesaid for the Time being of such Society or Copartnership; and that any Forgery, Fraud, Crime or other Offence committed against or with Intent to injure or defraud such Society or Copartnership, shall and lawfully may in such Indictment or Indictments, notwithstanding as aforesaid, be faid 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 Tinie being of such Society or Copartnership, 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 Society or Copartnership, it shall and may be lawful and sufficient to state the Name of any One of the Public

What such Indictments, &c.

are to state.

So of other
Indictments,

&c.

Officers

Officers nominated as aforesaid for the Time being of such Society or Copartnership; and the Death, Resignation, Removal Proceedings or any Act of such Public Officer shall not abate or prejudice not to abate by Death, &c. of any such Action, Suit, Indictment, Information, Prosecution or Officer. other Proceeding commenced against or by or on behalf of such Society or Copartnership, but the same may be continued, prosecuted and carried on in the Name of any other of the Public Officers of such Society or Copartnership for the Time being.

XI. And be it further enacted, That no Person or Persons, or Body or Bodies Politic or Corporate, having or claiming to have any Demand upon or against any such Society or Corporation, shall bring more than One 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 nominated as aforesaid for the Time being of such Society or Copartnership, may be pleaded in bar of any other Action or Actions, Suit or Suits, for the same Demand, by or against any other of the Public Officers of such Society or Copartnership.

XII. And be it further enacted, That it shall and may be lawful for any Person or Persons obtaining a Judgment in any of His Majesty's Courts of Record in Dublin, against any such Public Officer for the Time being of any such Society or Copartnership; and such Person or Persons is and are hereby empowered, by Warrant under Hand and Seal, reciting the Effect of such Judgment, to authorize any Attorney or Attornies in Great Britain to appear for such Public Officer in an Action of Debt to be brought in any Court of Record in Great Britain against such Public Officer, at the Suit of the Person or Persons obtaining such Judgment in Ireland, and thereupon to confess Judgment forthwith in such Action for a Sum equal to the Sum for which Judgment shall have been so obtained in Ireland, together with the Costs of such Proceeding; and such Judgment shall be thereupon entered up of Record in the said Court in Great Britain against such Public Officer, and shall have the like Effect in Great Britain against the Members of such Society or Copartnership as the original Judgment so obtained in Ireland.

any

XIII. And be it further enacted, That it shall and may be lawful for any Person or Persons obtaining a Judgment in Court of Law in Great Britain against any such Public Officer for the Time being of any such Society or Copartnership in Ireland, and such Person or Persons is and are hereby empowered, by Warrant under Hand and Seal, reciting the Effect of such Judgment, to authorize any Attorney or Attornies in Ireland to appear for such Public Officer in an Action of Debt, to be brought in any Court of Record in Ireland against such Public Officer, at the Suit of the Person or Persons obtaining such Judgment in Great Britain, for a Sum equal to the Sum for which Judgment shall have been so obtained in Great Britain, together with the Costs of such Proceeding; and such Judgment shall be thereupon. entered up of Record in the said Court in Ireland against such Public Officer, and shall have the same Effect in Ireland against the Members of such Society or Copartnership as the original Judgment so obtained in Great Britain.

XIV. And

Not more than

One Action for

the Recovery of One Demand.

Parties obtaining Judgment in Ireland may

authorize the Acknowledgment of like Judgment in Great Britain.

And in like

Manner Parties

obtaining Judg

ment in Great Britain may

proceed thereon in Ireland.

Decrees and

Orders of a

against Public
Officer to take
Effect against
Copartnership.

XIV. And be it further enacted, That all and every Decree or Decrees, Order or Orders, made or pronounced in any Suit or Court of Equity Proceeding in any Court of Equity, against any Public Officer of any such Society or Copartnership, shall have the like Effect and Operation upon and against the Property and Funds of such Society or Copartnership, and upon and against the Persons and Property of every Member thereof, as if all the Members of such Society or Copartnership were Parties before the Court to and in any such Suit or Proceeding; and it shall and may be lawful for any Court in which such Order or Decree shall have been made, to cause such Order and Decree to be enforced against every or any Member of such Society or Copartnership, in like Manner as if every Member of such Society or Copartnership were Parties before such Court, to and in such Suit or Proceeding.

41 G.3. c.90. and 5 G.4.

c. 111. to extend to Proceedings in Equity, to which Public Officer shall be a Party.

Decrees, Judgments and Orders to be registered, and have Effect in Scotland.

Judgments against Public

XV. And be it further enacted, That an Act passed in the Forty first Year of the Reign of King George the Third, intituled An Act for the more speedy and effectual Recovery of Debts due to His Majesty, His Heirs and Successors, in Right of the Crown of the United Kingdom of Great Britain and Ireland, and for the better Administration of Justice within the same; and also an Act passed in the Fifth Year of His present Majesty, intituled An Act to amend an Act of the Forty first Year of the Reign of His late Majesty King George the Third, for the more speedy and effectual Recovery of Debts due to His Majesty, His Heirs and Successors, in Right of the Crown of the United Kingdom of Great Britain and Ireland, and for the better Administration of Justice within the same, shall extend to all Suits, Matters and Proceedings in any Court of Equity in England or Ireland, in which any Public Officer of such Society or Copartnership shall be a Party, in like Manner as if all the Members of such Society or Copartnership were Parties before the Court in such Suits, Matters and Proceedings.

XVI. And be it further enacted, That it shall and may be lawful for any Person or Persons obtaining any Judgment in any Court of Law, or Decree or Order in any Court of Equity, against any Public Officer of any such Society or Copartnership, to produce an Office Copy of such Judgment, Decree or Order, under the Seal of the Court in which Judgment, Decree or Order shall have been obtained, to One of the Principal Clerks in the Court of Session in Scotland, or his Deputy for Registration there, and such Judgment, Decree or Order shall thereupon be registrable and registered there, in like Manner as a Bond executed according to the Law of Scotland, with a Clause of Registration therein contained, and Execution may and shall pass upon a Decree to be interponed thereto, in like Manner as Execution passes upon a Decree interponed to such Bond, and shall have the like Effect upon and against all and every or any of the Members of such Society or Copartnership, as if such Members had executed such Bond.

XVII. And be it further enacted, That all and every Judgment and Judgments which shall at any Time after the passing of this Act be had or recovered or entered up as aforesaid in any Actions operate Action, Suit or Proceedings in Law or Equity against any Public

Officer in such

Officer

Officer of any such Society or Copartnership, shall have the like against CoEffect and Operation upon and against the Property of such partnership, Society or Copartnership, and upon and against the Property of every Member thereof, as if such Judgment or Judgments had been recovered or obtained against such Society or Copartnership themselves; and that the Bankruptcy, Insolvency or stopping Bankruptcy, Payment of any such Public Officer for the Time being of such &c. of such Society or Copartnership in his Individual Character or Čapacity, Officer. shall not be nor be construed to be the Bankruptcy, Insolvency or stopping Payment of such Society or Copartnership, and that such Society or Copartnership, and every Member thereof, and the Capital Stock and Effects of such Society or Copartnership, and the Effects of every Member of such Society or Copartnership, shall in all Cases, notwithstanding the Bankruptcy, Insolvency or stopping Payment of any such Public Officer, be attached and attachable, and be in all respects liable to the lawful Claims and Demands of the Creditor and Creditors of such Society or Copartnership, as if no such Bankruptcy, Insolvency or stopping Payment of such Public Officer of such Society or Copartnership had happened or taken place.

Execution upon
Judgment in
Action may be
issued against

any Member of

Copartnership.

Proviso for

Notice of Motion in Court.

XVIII. And be it further enacted, That Execution upon any Judgment in any Action obtained against any Public Officer for the Time being, of any such Society or Copartnership, whether a Plaintiff or Defendant, may be issued against any Member or Members for the Time being of such Society or Copartnership; and that in Case any such Execution against any Member or Members for the Time being of such Society or Copartnership shall be ineffectual for obtaining Payment and Satisfaction of the Amount of such Judgment, it shall be lawful for the Party or Parties so having obtained Judgment against such Public Officer for the Time being, to issue Execution against any Person or Persons who was or were a Member or Members of such Society or Copartnership at the Time when the Contract or Contracts, or Engagement or Engagements on which such Judgment may have been obtained, was or were entered into: Provided always, that no such Execution as last mentioned shall be issued without Leave first granted, on Motion in open Court, by the Court in which such Judgment shall have been obtained, and which Motion shall be made on Notice to the Person or Persons sought to be charged, nor after the Expiration of Three Years next after any such Person or Persons shall have ceased to be a Member or Members of such Society or Copartnership. XIX. Provided always, and be it enacted, That every such Officer, &c. Public Officer, in whose Name any such Suit or Action shall have been commenced, prosecuted or defended, and every Person or Persons against whom Execution upon any Judgment obtained or entered up as aforesaid in any such Action shall be issued as aforesaid, shall always be reimbursed and fully indemnified for all Loss, Damages, Costs and Charges, without Deduction, which any such Officer or Person may have incurred by reason of such Execution, out of the Funds of such Society or Copartnership, or in failure thereof, by Contribution from the other Members of such Society or Copartnership, as in the ordinary Cases of Copartnerships.

XX. And

in such Cases indemnified.

Members may

XX. And be it further enacted, That if any Person or Persons be indicted for being a Member or Members of any Copartnership of Bankers in Fraud, &c. on Ireland, shall steal or embezzle any Money, Goods, Effects, Bills, Copartnerships. Notes, Securities or other Property of or belonging to such Society or Copartnership, or shall commit any Fraud, Forgery, Crime or Offence against or with Intent to injure or defraud such Society or Copartnership, such Member or Members shall be liable to Indictment, Information, Prosecution or other Proceeding, in the Name of any One of the Public Officers nominated for the Time being of such Society or Copartnership, for every such Fraud, Forgery, Crime or Offence, and may thereupon be lawfully convicted, as if such Person or Persons had not been, or was or were not a Member or Members of such Society or Copartnership; any Law, Usage or Custom to the contrary notwithstanding.

Act extended

to existing Partners for the Time being.

Members of Societies or Copartnerships may transfer Shares.

Such Transfers to be registered at the Stamp Office;

but not to discharge their Liability while Members.

XXI. And be it further enacted, That this Act and the Powers and Provisions herein contained shall extend and be at all Times construed to extend to any Society or Copartnership for Banking in Ireland, consisting of more than Six Persons in Number, and to the Members thereof for the Time being, during the Continuance of such Society or Copartnership, whether the same do or shall consist of all or some only of the Persons who originally were, or at the Time of the passing of this Act may have subscribed to, or may be Members of any such Society or Copartnership, or of all or some only of those Persons, together with some other Persons, or entirely of some other Persons, all of whom became or may become Members of such Society or Copartnership, at any Time after the original Institution thereof, or subsequent to the passing of this Act.

XXII. And be it further enacted, That it shall and may be lawful for any and every Member of any and every such Society or Copartnership, their respective Executors, Administrators and Assigns, to sell and transfer any Share or Shares, or Portion or Portions of, or the entire Stock or Interest which any such Member respectively is or may be respectively entitled to or possessed of in such Society or Copartnership, and the Property and Funds thereof, subject to such Regulations and under such Restrictions as may be required by the Constitution of such Society or Copartnership; and whenever any such Sale and Transfer shall be made, a Return or Account thereof, in the Form set forth in the Schedule, marked Number Three, to this Act annexed, shall be made upon Oath, in Manner hereinbefore directed by the Secretary or other Officer of such Society or Copartnership, and shall be from time to time produced, entered and registered at the Stamp Office in Dublin, in the Book containing the then last Register of such Society or Copartnership; and the Person or Persons to whom such Transfer shall be made shall be and stand, in all Respects and to all Intents and Purposes, in the Place and Stead of the Person or Persons making such Transfer; Provided always, that nothing herein contained shall be deemed, taken or construed to discharge or release any Member or Members making any such Transfer as aforesaid, of or from the being liable to or responsible for the due Payment of the Bills, Notes and other Engagements of such Society or Copartner