Trading Partnerships Act, 1841

TRADING PARTNERSHIPS ACT 1841

4  &  5 VICTORIA.   A.D.   1841.

CHAPTER XIV.

An Act to make good certain contracts which have been or may be entered into by certain Banking and other Copartnerships. [18th May 1841.]

Whereas divers associations and copartnerships consisting of more than six members or shareholders have from time to time been formed, for the purpose of being engaged in and carrying on the business of banking, and divers other trades and dealings for gain and profit, and have accordingly for some time past been and are now engaged in carrying on the same, by means of boards of directors or managers, committees, or other officers acting on behalf of all the members or shareholders of or persons otherwise interested in such associations or copartnerships: And whereas divers spiritual persons having or holding dignities, pre-bends, canonries, benefices, stipendiary curacies, or lectureships, have been members or shareholders of or otherwise interested in divers of such associations and copartnerships: . . .

No association or copartnership or contract entered into by any of them, to be illegal or void by reason only of spiritual persons being members thereof.

No spiritual person beneficed or performing ecclesiastical duty to act as a director, &c.

[1.] No such association or copartnership already formed, or which may be hereafter formed, nor any contract either as between the members, partners, or shareholders composing such association or copartnership for the purposes thereof, or as between such association or copartnership and other persons, heretofore entered into or which shall be entered into by any such association or copartnership already formed or hereafter to be formed, shall be deemed or taken to be illegal or void, or to occasion any forfeiture whatsoever, by reason only of any such spiritual person as aforesaid being or having been a member, partner, or shareholder of or otherwise interested in the same; but all such associations and copartnerships shall have the same validity, and all such contracts shall and may be enforced in the same manner, to all intents and purposes, as if no such spiritual person had been or was a member, partner, or shareholder of or interested in such association or copartnership: Provided always, that it shall not be lawful for any spiritual person holding any cathedral preferment, benefice, curacy, or lectureship, or who shall be licensed or allowed to perform the duties of any ecclesiastical office, to act as a director or managing partner, or to carry on such trade or dealing as aforesaid in person.

[Ss. 2, 3 rep. 37 & 38 Vict. c. 96. (S.L.R.).]