Dunmore Harbour Act 1818

Commissioners may bring and defend Actions in the Name of their Secretary.

VI. And be it further enacted, That the said Commissioner or Commissioners may sue and be sued in the Name of his or their Secretary for the Time being, by the Style and Title of ‘Secretary to the Commissioners of Dunmore Harbour;’ and that all Actions, Suits, Prosecutions, Informations, Appeals, and other Proceedings whatsoever, that may be necessary or expedient to be brought for the Recovery of any Penalty or Sum of Money due or payable by virtue of this All, to be had, taken, prosecuted, or defended by or against the said Commissioners, shall be had, taken, and prosecuted in the Name of the Secretary; and that no Action, Suit, Prosecution, Information, Appeal, or other Procceedings to be had, taken, prosecuted, or defended by or against the said Commissioners in the Name of their Secretary, shall abate or be discontinued by the Death, Suspension, or Removal of such Secretary, or by any Act or Default of such Secretary done or suffered, without the Consent or Direction of the said Commissioners, but that the Secretary for the Time being shall be always deemed the Plaintiff, Prosecutor, Informant, Appellant, Defendant, or Respondent, in any such Action, Suit, Prosecution, Information, Appeal, or other Proceedings, except in such Action or Actions, Suit or Suits, as shall be instituted, prosecuted, and carried on between the said Commissioners and the Secretary for the Time being, in which Action or Actions, Suit or Suits, any one of the said Commissioners shall or may be Plaintiff or Defendant, as the Case may be: Provided always, that every such Secretary, in whose Name any such Action, Suit, Prosecution, Information, Appeal, or other Proceeding shall be had, taken, prosecuted, or defended, in pursuance of this Act, shall be fully indemnified, reimbursed, and paid, out of the Monies applicable to the Purposes of this Act, all such Costs, Charges, Damages, and Expences as by the Events, or in consequence of any such Action, Suit, Information, Appeal, or other Proceedings, he shall pay, bear, expend, or be put unto, or become chargeable with or liable for, or be fairly entitled to, by reason of his being so made Plaintiff, Defendant, Informant, Appellant, or Respondent, as aforesaid, unless such Action or Suit shall arise in consequence of his own wilful Neglect or Default, or that shall have been brought or commenced, or be defended, without the Order of the said Commissioners.