have, any demand upon or against the said company, or the individual proprietors or members thereof, or any of them, shall bring or prosecute more than one action, suit or proceeding, for or in respect of any such demand, and in case of the same being done, the proceeding in any action or suit against one of the members, may be pleaded in bar of any action or actions for the same cause, against any other member or members of the said company. And be it further enacted, That if any trustee or trustees for the time being of the property or assets of the said company, shall depart this life, or desire to be discharged from the duty or office of a trustee, or shall refuse to act therein, it shall be lawful for the remaining trustees for the time being of the said company, or the major part of them present at a committee of trustees, when not less than half of such remaining trustees shall be present, to nominate and appoint any other person or persons to be a trustee or trustees in the room or stead of such trustees or trustee, from and out of such members or proprietors as, under or by virtue of the said deed, are or shall be duly qualified in that behalf; and that immediately after such appointment, the estate, property and assets of the said company, which shall have been vested in the trustee or trustees so dying, or desiring to be discharged, or refusing to act, shall be vested in such new trustee or trustees, jointly with the surviving or continuing trustee or trustees, or solely, as the case may require, and in his, her or their heirs, executors, administrators and assigns, upon the trusts hereinbefore expressed and declared of and concerning the same; and that every such trustee so to be nominated and appointed, shall have and may exercise the same powers, privileges, and authorities of approbation, consent, discretion, and of giving effectual receipts, and all other powers and authorities whatsoever, as if he had been originally appointed a trustee or trustees. ap Provided also, That the said several trustees nominated and pointed, and to be nominated and appointed as aforesaid, and each and every of them, and the heirs, executors, administrators and assigns of them, and each and every of them respectively, shall be charged and chargeable only for such money as the same trustee and trustees respectively shall actually receive by virtue of the trusts hereby reposed in him and them, notwithstanding his or their, or any of their, giving or signing, or joining in giving or signing any receipt or receipts for the sake of conformity; and that any one or more of them shall not be answerable or accountable for the other or others of them, or any or either of them, or for the acts, receipts, neglects PARLIAMENTA RY FORMS, Private Act Company (dissolving). Power of appointing new trustees in case of death, &c. Trustees to be respectively chargeable for their own acts only. PARLIAMENTA RY FORMS. Private Act Company (dissolving). Nor for any in voluntary losses. The trustees may retain their expenses. or defaults of the other or others of them, but each of them respectively by his own acts, deeds and defaults only; and that he, they, or any of them, shall not be answerable or accountable for any officer or agent, banker, goldsmith, broker or other person with whom, or in whose hands any part of the trust-monies, property or assets of the said company shall or may be placed or lodged for safe custody, remittance, payment or otherwise, in the execution of the trusts of this act; and that he, they or any of them, shall not be answerable or accountable for any other misfortune, loss or damage which may happen to the said trust-property in the execution of the aforesaid trusts, or in relation thereto, except the same should happen by or through his or their own wilful default respectively; and then and in that case, each person respectively shall, singly and alone, be answerable for such loss or damage as shall have arisen from his own default or defaults; nor shall they, or any or either of them, the said trustees, be answerable for any act, deed, matter or thing, which shall be by them, or any or either of them, done or performed in pursuance or conformity to any order or resolution to be carried or passed at any general meeting of proprietors convoked as by this act required; and also that it shall and may be lawful to and for the said trustees for the time being, and every or any of them, their and every of their executors, administrators and assigns, by and out of the money which shall come to his and their respective hands, by virtue of the trusts aforesaid, to deduct, retain and reimburse, to and for himself and themselves respectively, and also to allow to his and their co-trustee and co-trustees, and to the executors and administrators of any deceased trustee or trustees, all costs, charges, damages and expenses and fees to counsel for advice, which he, they, or any of them, shall or may suffer, sustain, expend, disburse, lay out or incur, in or about the execution of the aforesaid trusts, or in relation thereto, and also to settle, adjust and allow the accounts of any trustee or trustees who shall depart this life, or be desirous of being discharged of and from the aforesaid trusts, and in whose place and stead a new trustee or trustees shall be appointed as aforesaid; and also to receive and give discharges for the money which shall appear to be the balance of the same accounts without any responsibility in the person or persons paying the same money to see to the application thereof, or be answerable or accountable for the mis-application or non-application of the same, or any part thereof. RY FORMS. And be it further enacted, That a copy of this act shall be PARLIAMENTA printed by the several printers to the King's Most Excellent Majesty duly authorized to print the statutes of the United Kingdom, and a copy thereof so printed by any or either of them, shall be admitted as evidence thereof, by all judges, justices and others. Private Act Company (dissolving). Evidence clause. PARLIAMENTA RY FORMS. Private Act (marriage). No. CCCCX. A Bill or Act to Dissolve (1) a Marriage by reason of adultery in the Wife, and to enable the Husband to marry again. your Lordships' petitioner intermarried with [wife's Christian name] his now wife (then spinster): That your Lordships' petitioner and the said (wife) lived and cohabited together as husband and wife from the time of the said marriage until the time hereinafter mentioned, but during that period has not had any issue (or has had issue children, that is to daughters, all of whom are now living [or sons and say, That in or about the month of your Lordships' petitioner discovered that his said wife had entered into and carried on an unlawful and criminal intercourse with [the adulterer], of, &c. That your Lordships' petitioner did in bring an action of trespass in his Majesty's Court of Term last past, at (1) See ante," PRACTICAL DIRECTIONS ", Chap. II. sec. iv. (2) No Notice necessary, see ibid. (3) See ibid. (4) See ante, p. 46. against the said (adulterer), in order to recover damages for such criminal and adulterous intercourse, and obtained judgment in the said action against the said (adulterer) for the sum of and costs: day of That on or about the last, your Lordships' petitioner instituted a suit [or libel] for a divorce and separation from bed and board in the Consistorial Court of , against the said (wife) his wife, in consequence of the aforesaid criminal and adulterous intercourse, and a definitive sentence of divorce from bed and board and mutual cohabitation was accordingly pronounced by the said Consistorial Court against your petitioner's said wife: That the said (wife) hath by her said criminal and adulterous conduct broken and dissolved on her part the bond of marriage with your petitioner, and your petitioner is thereby deprived of the comforts of matrimony, and may be liable to have a spurious issue imposed upon him, unless the said marriage be declared void and annulled by the authority of Parliament. Your Petitioner therefore humbly prays your Lordships, PARLIAMENTA RY FORMS. Private Act 3. THE BILL (1). An Act to Dissolve the Marriage of with his wife, and to enable him to marry again, and for other purposes. HUMBLY sheweth and complaineth to your Most Excellent Majesty, your true and faithful subject (husband), That on or about the Lord day of his wife , your said subject was married to spinster, and that your said subject and the said lived and cohabited together from the time of their said marriage un til some time in the month of : and there has been no issue [as the case may be] of the said marriage. (1) See ante," PRACTICAL DIRECTIONS", Chap. II. sec. iv. pl. 3. |