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CHARTERED COMPANIES ACT 1837 - SECT 3

The letters patent so granted may provide that suits shall be carried on in the name of one of the officers of any company appointed for that purpose.

3. In any such letters patent so to be granted as aforesaid by Her Majesty to
any such company or body of persons so associated together as aforesaid, but
not incorporated, it shall and may be lawful, in and by such letters patent,
either expressly or by a general or special reference to this Act, to provide
and declare that all suits and proceedings, whether at law, in equity, or in
bankruptcy or sequestration, or otherwise howsoever, as well in Great Britain
and Ireland as in the colonies and dependencies thereof, by or on behalf of
such company or body, or any person or persons as trustee or trustees for such
company or body, against any person or persons, whether bodies politic or
others, and whether members or not of such company or body, shall be commenced
and prosecuted in the name of one of the two officers for the time being to be
appointed to sue and be sued on behalf of such company or body, and registered
in pursuance of the directions of such appointment and registration
respectively herein-after contained; and all suits and proceedings, whether at
law or in equity, by or on behalf of any person or persons, whether bodies
politic or others, and whether or not members of such company or body, against
such company or body, shall be commenced and prosecuted against one of such
officers, or if there shall be no such officer for the time being, then
against any member of such company or body: Provided nevertheless, that
nothing in this Act or in such letters patent contained or to be contained
shall prevent the plaintiff from joining any member of such company or body
with such officer as a defendant in equity, for the purpose of discovery, or
in case of fraud.


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© 1837 Crown Copyright

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