1888
1888
2015-11-05
51 Vic
act
private
act.reprint
allinforce
none
act-1888-tca
64955034-6209-49a7-a3ce-6555e2f68c98
089ade65-190b-4dcf-9d4d-b814fcf7167f
An Act to enable the members of
Tattersall’s Club to sue and be sued in the name of its chairman; to
alter its existing rules, and in other respects to carry out the objects of
the Club.
Preamble
WHEREAS a racing and sporting club has been
formed, and has for some years existed in the City of Sydney under the name of
Tattersall’s Club, and has from time to time initiated and conducted
race meetings, and has accumulated funds, and it has been discovered that the
rules of the said club do not define the objects of the said club, and contain
no provisions enabling the committee or the majority of the members of the
said club to deal with the funds of the said club, or to invest the same or
pay the same in promoting the objects of the said club or to borrow money, and
are in other ways defective. And whereas the said rules cannot, except by the
authority of the Legislature, be altered or supplemented so as to bind all the
members of the said club without the express consent thereto of each and every
member of the said club. And whereas the members of the said club are desirous
that the said defects should be cured, and that power should be given to the
majority of the members of the said club to amend the said
rules:
Be it therefore enacted by the Queen’s Most
Excellent Majesty, by and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in Parliament assembled,
and by the authority of the same, as follows:
1Name of
Act
This Act may be cited for all purposes as the
Tattersall’s Club Act of
1888.
2Definitions
In this Act (unless otherwise indicated by the
context):
The word club means the said
Tattersall’s Club.
The word chairman means the chairman for the
time being of the club.
The word committee means the committee for
the time being of the club.
The words member and members mean respectively a member
and members for the time being of the club.
3Present rules to be in force
until adoption of new rules
Until the passing and adopting of new rules in
the manner hereinafter provided the present rules of the club shall so far as
they are not inconsistent with this Act be in force and binding on all the
members.
4Committee may call meetings
for adoption of new rules or repeal or amendment of existing
rules
The committee may, and upon the written
requisition of not less than ten members, shall from time to time call
meetings of the club for the adoption of new rules or the repeal or amendment
of the existing rules, such meetings to be called in the same manner and
subject to the same conditions as shall be provided in the rules of the club
for the time being with respect to the calling of special general meetings of
the club. At any such meeting at which not less than thirty members are
present the proposed new rules or repeals or amendments of existing rules
shall be submitted for the consideration of the meeting, and the same may be
approved, rejected, or amended by the majority of such meeting or any
adjournment thereof, and upon being confirmed as hereinafter in this Act
provided shall so far as they are not inconsistent with this Act become the
rules of the club and binding upon the members.
5Chairman to call meeting for
purpose of confirming or rejecting change in rules
After any change in the rules has been carried at
any meeting of the club duly called for that purpose, the chairman shall call
another meeting of the club in the same manner as is provided in the rules of
the club for the time being for the calling of special general meetings. Any
such meeting shall be held not more than five weeks and not less than three
weeks after the meeting at which the change in the rules shall have been
carried, and shall be for the purpose of confirming or rejecting such change.
At any such meeting the new rules, and the repeals and amendments of the
existing rules which may have been carried at the former meeting, shall be put
separately to the meeting, and shall thereupon be each confirmed or rejected,
but no amendment shall be allowed, and such of the new rules, repeals, or
amendments as are duly confirmed by a majority of the meeting shall thereupon,
so far as they are not inconsistent with this Act, be binding on all the
members. Provided that any member disapproving of any change in the rules of
the club may within one calendar month of such confirmation resign his
membership, and shall thereupon be relieved from all liabilities which may by
such new rules, alterations, or amendments be imposed upon the
members.
6Power to borrow or to sell or
grant leases
It shall be lawful for the committee, in the name
of the chairman from time to time on behalf of and for the purposes of the
said club, to borrow money by way of mortgage of the lands, tenements, and
hereditaments, real or personal, of the club, or by issue of debentures
secured upon the lands, tenements, and hereditaments, real or personal, of the
club, or in any other way upon the security of the lands, tenements, or
hereditaments, real and personal, of the club, or to sell or grant leases for
any term of the lands, tenements, and hereditaments, real or personal, of the
club or any portion thereof, and in any way to realize, or dispose of the
moneys, goods, and chattels, choses in action or other personalty of the club
for and in futherance of the objects of the club. Provided that no such
borrowing, mortgage, issue of debentures, or sale or leasing of the said
lands, tenements, and hereditaments, shall be made without the consent of the
majority of a special general meeting of the club called to consider such
proposed borrowing, mortgage, issue of debentures, sale, leasing, realization,
or disposition.
7Power to purchase or lease
buildings or lands and erect club premises thereon
It shall be lawful for the committee in the name
of the chairman, from time to time on behalf of the club, to expend the funds
of the club now held by the club, or hereafter accruing or accumulating, in
the purchase or lease of buildings for the use of the members as club
premises, or in the purchase or lease of land, and in the erection thereon of
buildings for the use of the members as club premises, and in the improvement
of such land and the repair or alteration of such premises: and also from time
to time, in the name of the chairman, to invest the funds of the club now held
by the club, or hereafter accruing or accumulating in bank deposits or in
Government debentures of any of the Australian Colonies, or in loan on the
mortgage of real property in the city of Sydney. Provided that no such
purchase or lease shall be made, and no such buildings shall be erected, and
no considerable expenditure at one time or in one contract shall be made in
the improvement of such land, or repair or alteration of such premises, and no
considerable investment of the funds of the club shall be made without the
consent in each case of a majority of a special general meeting called to
consider the proposed purchase, lease, erection of buildings, improvement,
repair, alteration, or investment, as the case may be.
8Real and personal property of
the club to be vested in the chairman
All lands, tenements, and hereditaments, and all
personal chattels and effects which are now held by the club, or by any person
in trust for or for the benefit of the club or the members thereof, shall
immediately upon the passing of this Act become and be vested in and be held
by the chairman and his successors in such office in trust for the club, and
in the like manner as if such chairman and his respective successors in such
office were in law a corporation sole, and as if the personalty were real
estate, and all lands, tenements, and hereditaments real and personal, and all
personal chattels and effects which may hereafter be contracted for or be
acquired by or belong to the club or the members thereof collectively may be
conveyed, assigned, and assured to, and shall therefrom become vested in the
chairman and his successors in such office in trust for the club, and in the
like manner as if such chairman and his successors in such office were in law
a Corporation sole, and as if the personalty were real estate, but nothing
herein or in this Act contained shall be taken to incorporate the club or its
members, or (except as hereinbefore in this Act provided as to members
resigning after any change in the rules of the club) to relieve or exonerate
the members or any of them from any responsibility, duty, contract, or
obligation which they would be subject or liable to either as between the club
and other persons or as between the individual members of the club if this Act
had not been passed.
9Actions to be in the name of
the Chairman
All actions, suits, proceedings or prosecutions
in any Court, civil or criminal, and whether at law or in equity commenced,
instituted, prosecuted, or continued from and after the passing of this Act by
or on behalf of the club against any person whatsoever, or by any person
whatsoever against the club, whether such person be a member of the club or
otherwise, shall and may be lawfully commenced, instituted, prosecuted, or
continued or defended in the name of the chairman holding office at the time
of the commencement of such action, suit, proceeding, or prosecution as the
nominal plaintiff, defendant, petitioner, respondent, or prosecutor, as the
case may be, for and on behalf of the club and the members, and in all
indictments and informations it shall be lawful to state the property of the
club to be the property of the chairman, and any offence committed with intent
to injure or defraud the club may in any prosecution for the same be stated or
said to have been committed with intent to defraud or injure the chairman, and
the death, resignation, or removal, or other act of the chairman, in whose
name any such proceedings shall have been commenced, shall not abate any such
action, suit, proceeding, or prosecution, but the same may be continued and
concluded in the same name.
10Memorial of the
chairman’s name to be recorded in the Supreme
Court
Within one calendar month after the passing of
this Act, a memorial in the name of the chairman substantially in the form set
forth in the Schedule to this Act, signed by the chairman, shall be recorded
upon oath, which oath any Justice of the Peace or Commissioner for Affidavits
is hereby empowered to take, by the secretary of the club in the Supreme Court
of New South Wales, and whenever and as often as any new chairman shall be
elected, a memorial of the name of such newly elected chairman in the same or
a similar form, and signed by such newly elected chairman, shall, within one
calendar month of the election of such new chairman, be recorded upon oath
taken as aforesaid by the secretary of the club in the Supreme Court of New
South Wales, and the production in any Court of Justice, or before any person
having by law or by consent of parties authority to hear evidence of any such
memorial or any office or examined copy thereof, shall be primâ facie
evidence of the truth of the statements in such memorial or office or examined
copy, and the production in any such Court, or before any person having
authority as aforesaid of the then last registered memorial, or of any office
or examined copy thereof, shall be primâ facie evidence that the chairman
therein named is the chairman of the club.
Note—
See clause 27 of the Fourth Schedule to the
Supreme Court Act
1970.
s 10: Note inserted
by Parliamentary Counsel.
11No action to be brought until
memorial is recorded
Until such memorial as hereinbefore
first-mentioned shall be recorded in the manner hereinbefore in this Act
directed, no action, suit, prosecution, or other proceeding shall be brought
by the club, or any of the members thereof on behalf of the club in the name
of the chairman.
12Effect of judgment against the
chairman
Every judgment and every decree or order which
shall be at any time after the passing of this Act obtained against the
chairman on behalf of the club shall and may take effect and be enforced and
execution thereon be issued against the property and effects of the club, in
the same manner as if such judgment, decree, or order had been made against
the said club.
Schedule
TATTERSALL’S CLUB,
SYDNEY.
Memorial to record name of the chairman of
Tattersall’s Club in the Supreme Court of New South Wales, pursuant to
the Tattersall’s Club Act of 1888. The
name of the said Chairman is , and he
was duly elected to the office of chairman on the day of , A.D.
188.
A.B.,
Chairman.
I , of
, make oath and say that I am the
secretary of Tattersall’s Club, and that I saw the foregoing memorial
signed by the abovenamed chairman, and that he was duly elected chairman on
the day abovementioned.
Sworn this day of , A.D.
188.
Before me
Historical
notes
Table of amending
instruments
Tattersall’s Club Act of 1888.
Assented to 4.5.1888.
Table of
amendments
Sec
10
Note
inserted by Parliamentary Counsel.