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COMPANIES CLAUSES ACT 1863 - SECT 37

Actions, &c. not to abate.

37. No action, suit, bill, process, writ, indictment, information, or other
proceeding, whether civil or criminal, which at or immediately before the
passing of the special Act is commenced and is then pending,either at the suit
or instance of the company, by their original name, against any other
corporation or any person, or at the suit or instance of any other corporation
or any person against the company, by their original name,shall abate,
determine, or be otherwise impeached or affected for or by reason of the
change of the name of the company; nor shall any notice, tender, requisition,
warrant, summons, pleading, civil or criminal writ or other process, record,
deed, contract, agreement, writing, or instrument then or thereafter to be
made, issued, written, or commenced, be deemed to be vacated, discharged,
invalidated, prejudiced, or affected by reason of the company or their
undertaking being therein respectively called by the original name of the
company or undertaking; and it shall not be necessary in any bill, suit,
indictment, information, proceeding, notice, tender, requisition, warrant,
summons, pleading, civil or criminal writ, or other process, or in any record,
deed, contract, agreement, writing, or other instrument or matter, to aver
that the company had been called or known for any period by the original name
of the company, or that their undertaking had been called or known within that
period by the original name of the undertaking, and that by the special Act
effecting the change the names of the company and their undertaking were
changed, and that after the passing of that special Act the company had been
called or known by their new name, and their undertaking by its new name; but
it shall be deemed true, lawful, and sufficient therein to aver the style and
describe the company by their new name, and their undertaking by its new name,
in the same manner as if the company had been originally incorporated, called,
or known by their new name, and as if their undertaking had been originally
called or known by its new name.

© 1863 Crown Copyright

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