ORDINANCE No. 1 of 1865.
Companies, &c. (Part III. Management, &c.)
penalty has been recovered; and, subject to such direction, all penalties shall be paid over to the Colonial Treasurer, and shall be carried by him to the account of the funds of this Colony.
67. (66.) Every company under this Ordinance shall cause minutes of all resolutions and proceedings of general meetings of the company, and of the directors or managers of the company in cases where there are directors or managers, to be duly entered in books to be from time to time provided for the purpose; and any such minute as aforesaid, if purporting to be signed by the chairman of the meeting at which such resolutions were passed or proceedings had, or by the chairman of the next succeeding meeting, shall be received as evidence in all legal proceedings; and until the contrary is proved, every general meeting of the company or meeting of directors or managers in respect of the proceedings of which minutes have been so made shall be deemed to have been duly held and convened, and all resolutions passed thereat or proceedings had, to have been duly passed and had, and all appointments of directors, managers, or liquidators shall be deemed to be valid, and all acts done by such directors, managers, or liquidators shall be valid, notwithstanding any defect that may afterwards be discovered in their appointments or qualifications.
Evidence of proceedings at meetings.
Provision as to costs in actions brought by certain limited companies.
68. (67.) Where a limited company is plaintiff in any action, suit, or other legal proceeding, the Chief Justice of the Supreme Court may, if it appears by any credible testimony that there is reason to believe that if the defendant be successful in his defence the assets of the company will be insufficient to pay his costs, require sufficient security to be given for such costs, and may stay all proceedings until such security is given.
in action against members.
69. (68.) In any action or suit brought by the company against any member to recover any call or other monies due from such member in his character of member, it shall not be necessary to set forth the special matter, but it shall be sufficient to allege that the defendant is a member of the company, and is indebted to the company, in respect of a call made or other monies due whereby an action or suit hath accrued to the company.
Alteration of Forms.
70. (69.) The forms set forth in the second schedule hereto, or forms as near thereto as circumstances admit, shall be used in all matters to which such forms refer; His Excellency the Governor may from time to time alter the forms in the schedule.
The Governor may alter forms in schedule.