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
However heavy you should find the rod of power, the world will not then
hearken to your complaints of severity; you have already drawn upon you
the censure of your fellow subjects, by the resolution of the 6th of
May, with regard to your dividends, which they say were made, in
defiance of the king's ministers. The previous question upon the affair
of dismissing the prosecutions has not retrieved your credit among them.
What will they not think, what will they not say, if you divide thus in
violation of a recent act of parliament? They see the legislature has
determined you shall not divide, because you have proved you cannot
divide; will they not say now, that you have determined, in your turn,
you will divide, because the legislature has said you shall not divide?
I conjure you therefore, Gentlemen, use the utmost caution at the
present crisis, call in the ablest assistance, whilst you are making a
construction on these acts of parliament, nor presume too far to trust
your own judgments.
I am the more earnest in this recommendation, as I find you mistake the
intention, and operation, of these acts, with respect to a Christmas
dividend, as you do with respect to this you are now going to pay. I
understand, it is your opinion, that in order to make a dividend of 5l.
_per cent._ at Christmas next, a court may be called in September with
the seven days notice, prescribed by the said act, cap. 49, and 5l. _per
cent._ may be then declared, by a vote taken by ballot, to be payable at
Christmas. I must remind you, that the vote for 12l. 1-half, passed on
the 6th of May, stands unrepealed by you, or by parliament, and by
clause C. you cannot make any declaration of a dividend, but at the
distance of five months from the last declaration; which five months,
from the 6th of May, will not be expired, till October, when you cannot
hold the Michaelmas quarterly court, because your charter, in page 36,
expressly says, it must be held in the month of September. You cannot
therefore declare any dividend till the Christmas court, as by the said
clause C. every declaration must be made at a quarterly court; nor can
you even then declare a dividend of 5l. _per cent._ as the 29th by-law
will stand in your way, which enacts, "that no alteration shall be made
in the dividend, on the capital stock of this company, without first
giving six months public notice;" and such notice cannot be given of the
intended alteration of dividend, from 6l. 1-4th to 5l. _per cent._ You
see, therefore, that no dividend can be declared at Christmas next but
the 6l. 1-4th, and that may be confidently declared, without infringing
any act of parliament, or any of your own by-laws.
Public-domain text, read in full here on John Shaqi.
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