A Caution to the Directors of the East-India Company: With Regard to Their Making the Midsummer Dividend of Five Per Cent. Without Due Attention to a Late Act of Parliament, and a By-law of Their OwnAnonymous
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A Caution to the Directors of the East-India Company: With Regard to Their Making the Midsummer Dividend of Five Per Cent. Without Due Attention to a Late Act of Parliament, and a By-law of Their Own
Anonymous
East India Company -- Early works to 1800
The legislature, in the act of parliament for the alteration of the
stile, has said, that Midsummer-day shall fall on the 24th of June;
because this alteration would have carried it otherwise to the 5th of
July; the stocks however have not been affected by that act, the 5th of
July, and the 5th of Jan. have been constantly the days of payment, for
the Midsummer, and Christmas dividends, for most of the government as
well as the East India stocks. Would any administration alter the days
of payment of the government stock, without the sanction of parliament?
you will not say, Gentlemen, they would. I will venture to affirm for
you too, that you will not make this trifling alteration, of dividing
for 171, instead of 182 days, or, at least, that you will first take
the opinion of a general court upon it, that your enemies may not have
room to say, that you did not care to call a court for this purpose,
from a consciousness, that the 29th by-law, and the acts of parliament,
would stand in your way, if you submitted this difficulty to a serious
discussion. They certainly do stand in your way, the legislature
intended they should stand in your way, and so long as that by-law, and
these acts of parliament, remain in force, it will be impossible for you
to divide the 5l. _per cent._ now in course of payment.
Before I dismiss this part of the argument, I must submit to your
consideration two necessary consequences, that must follow from your
determining to make the dividend of 4l. 13s. 10d. halfpenny _per cent._
payable the 24th of June, instead of the 5l. _per cent._ that was
declared payable the 5th of July. First, a great confusion must arise
in the foreign contracts; a Dutchman at Amsterdam sells stock, on the
25th of June, to another of the same place; the dividend is understood
by each party to be the property of the purchaser, as no proprietor,
foreign or domestic, is ignorant, that the India Midsummer dividend is
payable, and has ever been payable, the 5th of July; and yet, according
to this determination, the 4l. 13s. and 10d. halfpenny _per cent._ will
be the property of the seller. Secondly, it is well known much of the
India stock is held in trust, that A. shall enjoy the dividends for his
life, and after his death they shall go to B. I am told such a case has
happened, in which, A. died the 27th of June last, it is certain the
dividend would belong to B, if it is paid the 5th of July; but it will
go to the executor of A, to the prejudice of B, if you pay the 4l. 13s.
10d. halfpenny for the dividend due the 24th of June.
These are the reasons which induce me to think, Gentlemen, that the
legislature did not mistake the time the dividends become due, that they
did not mean the 5th of July, when they inserted the 24th of June, that
they intended to restrain the company from making any dividend, before
the beginning of the next session of parliament, and that they have
effectually restrained you by the clause A.
Public-domain text, read in full here on John Shaqi.
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