✨ Banking Opinion, Delegations, Elections




190
THE NEW ZEALAND GAZETTE.

(Limited), whose head establishment is
to be
in London, with the Right Hon. Sir Edmu id
Head, K.C.B., late Governor-General of
Canada, and Lord Bury, M.P., late Civil See-
tary in Canada, at the head of the direction:
the Bank of Queensland (Limited), with an
ex-Chief Justice of Jamaica for chairman,
besides various others for carrying on banking
operations with limited liability, out of Her
Majesty's dominions, such as the Union Bank
of England and France (Limited), the London
and Brazilian Bank (Limited), with influential
mercantile names in the Direction.

As to the particular Bank in question (the
London and Colonial Bank), the following is an
abstract of what has been hitherto registered.
The Company is registered under the "Joint
Stock Banking Companies Acts, 1857 and
1858."

It was registered on the 17th March, 1862,
and its number is 2610.

The documents at present registered are:

  1. Memorandum of Association signed by
    John Barnard Locke and six others, all of
    whom subscribe for twenty shares each.
  2. Articles of Association signed by the
    same seven persons.
  3. Notice of situation of Registered Office,
    No. 2, New Palace Yard, Westminster.
  4. Notice of change of situation of Regis-
    tered Office to No. 83, Lombard Street.
    In the Memorandum of Association the
    object of the establishment of the Com-
    pany to be the "transacting of every kind
    "of Banking business in India and the
    "Colonies and Dependencies of Great
    "Britain beyond the limits of the United
    "Kingdom."
    "The Head Office shall be in the City of
    London."

The Attorney and Solicitor General are re-
quest-
ed to favour the Lords of Her Majesty's
Treasury with their opinion:

  1. Whether the effect of the Acts referred
    to (including the late Act of 25 and 26
    Vict. cap. 89) is to authorize the estab-
    lishment of Banks of the character of the
    London and Colonial Bank.
  2. If the Statutes do not apply to such a
    Bank, whether any and what means are
    open for restraining the promoters.
  3. Whether the Canadian parliament has
    the power of passing an enactment to pre-
    vent, regulate, or restrict the operations
    of the Bank, if established as proposed in
    the colony (see Stat., 3 and 4 Vict. cap.
    35).

1st. We think that the effect of the Act 25
and 26 Vict. c. 89, is to permit the estab-
lishment in this country upon the footing of other
companies regulated by that Act, of Banks
such as the projected London and Colonial
Bank. The Act however would not authorize
them to carry on the business of banking in
any Colony or Foreign Possession of the Bri-
tish Crown in any manner not authorized and
permitted by the local law prevailing from time
to time in such Colony or Possession. It
would, we conceive, merely invest them through-
out the British Dominions with the character
of English corporations domiciled in England
with limited liability (which it is to be obser-
ved is the normal condition of corporations, as
such, the individual members of corporations
not being, by the common law, liable for their
engagements); and subject both as to the nature
and extent of their corporate powers and man-
agement, and as to the conditions on which
they may be dissolved and wound up, to the
rules and provisions of that Statute.

2nd. Whether the Act applies or not, we
think that as to everything which such Com-
panies or their promoters may propose or
attempt to do elsewhere than in the United
Kingdom, they may be restrained in such man-
ner as may be throught expedient by local
legistration.

3rd. Our answer to this question is in the
affirmative, the question being confined to the
operations of the Bank in the Colony, and not
extending to its corporate capacity or constitu-
tion as defined by the Imperial Statute.

(Signed) WM. ATHERTON.
(Signed) ROUNDELL PALMER.

Governor's powers under "Diseased Cattle
Act, 1861," delegated to Superintendent of
Otago.

Colonial Secretary's Office,
Auckland, 20th May, 1863.

HIS Excellency the Governor has been
pleased to delegate, under the " Diseased
Cattle Act, 1861," to the Superintendent of the
Province of Otago, the severals powers vested in
the Governor by the 2nd, 4th, 5th, 7th, 9th, and
10th, sections of the said Act, subject to be
rescinded as in the said Act provided, and sub-
ject to the Regulations contained in the Order
in Council dated 15th September 1862.

READER WOOD,
In the absence of Mr. Domett.

W. Baldwin and J. Brodie, Esquires, elected
to House of Representatives.

Colonial Secretary's Office,
Auckland, 21st May, 1863.

IT is hereby notified that a Writ issued for
the election of two Members of the House
of Representatives as Gold Fields Represen-
tatives in the Province of Otago, has been
returned with a certificate to the effect that
WILLIAM BALDWIN and GEORGE BRODIE,
Esquires, have been duly elected.

READER WOOD,
In the absence of Mr. Domett.

Otago Ordinances left to their operation.

Colonial Secretary's Office,
Auckland, 21st May, 1863.

THE following Ordinances passed by the
Provincial of Otago, intituled, β€”
"The Hospitals' Ordinance, 1862,"



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1863, No 19





✨ LLM interpretation of page content

🏭 Despatch on Colonial Banking Regulations and Legal Status Inquiry (continued from previous page)

🏭 Trade, Customs & Industry
21 May 1863
Banking operations, Colonial legislation, Limited liability, Note issue, Legal opinion request, Canada, Companies Act 1862, Royal Charter, Legal opinion conclusion, London and Colonial Bank, Sir Edmund Head, Lord Bury
  • Edmund Head (Right Honourable Sir, K.C.B.), Director of Bank of Queensland
  • Lord Bury (M.P.), Director of Bank of Queensland
  • John Barnard Locke, Signed Memorandum of Association

  • Wm. Atherton
  • Roundell Palmer

🌾 Delegation of Governor's powers under Diseased Cattle Act to Otago Superintendent

🌾 Primary Industries & Resources
20 May 1863
Diseased Cattle Act 1861, Delegation of powers, Governor, Superintendent of Otago
  • Reader Wood, In the absence of Mr. Domett

πŸ›οΈ Election of William Baldwin and George Brodie as Otago Gold Fields Representatives

πŸ›οΈ Governance & Central Administration
21 May 1863
Election results, House of Representatives, Otago, Gold Fields Representatives
  • WILLIAM BALDWIN (Esquire), Elected Member of House of Representatives
  • GEORGE BRODIE (Esquire), Elected Member of House of Representatives

  • Reader Wood, In the absence of Mr. Domett

🏘️ Otago Provincial Ordinances left to their operation

🏘️ Provincial & Local Government
21 May 1863
Otago Ordinances, Hospitals Ordinance 1862, Provincial legislation
  • Reader Wood, In the absence of Mr. Domett