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
By clause A, it appears that no dividend can be made, after the 24th of
June, without the vote of a general court, (and by clause C, that must
be a quarterly court) called for the purpose of declaring the intended
dividend, with seven days previous notice thereof, in writing fixed upon
the Royal Exchange--by the resolution, of your court of directors, of
the 22d of May last, as well as by your uniform practice in making
dividends, the half year's dividend of 5l. _per cent._ declared in
September last, and now in course of payment, was due the 5th of July
last, and that day, and not the 24th of June, is the day on which this
dividend must be understood to be made, in consequence of the September
declaration. Now as this dividend declared to be made on the 5th of
July, is made for and in respect of time subsequent to the 24th of June,
and is made not in pursuance of a vote, carried by ballot, in a general
quarterly court, summoned for the purpose of declaring a dividend, with
seven days notice of such a meeting, given in writing and fixed upon the
Royal Exchange, it is not warranted by the act, but is, according to
the plain and obvious construction of the act, _illegal_.
I have heard two objections, and two only, made to this construction;
one, that the legislature was mistaken as to the time, in which the
dividends are always made by this company, supposing them payable the
24th of June, instead of the 5th of July, and that they did not intend
to prevent your dividing 5l. _per cent._ at Midsummer. The other, that
if they were not mistaken, and if they did intend to prevent your
dividing the 5l. _per cent._ at Midsummer, the act itself fails in this
intention, since it only prevents your dividing for eleven days, being
the interval between the 24th of June and the 5th of July, and you are,
on this account, left at liberty to pay the 5l. _per cent._ after
deducting the proportional part for those eleven days.
As to the first, I think nothing can be more absurd, than to suppose
that the wisdom of the legislature, should be capable of such a
blunder. In order to this, we must suppose, that they who, in the same
session, made a law with respect to the publick funds, in which the
dividends are fixed for payment on the 5th of July, and the 5th of
January, could take it for granted that the India dividends were fixed
for the 24th of June and the 24th of December; and we must suppose too
that they could take this for granted, which is so contrary to the
general practice in other funds, without making any enquiry of the
directors, who daily attended, and were examined while the bill was
passing: for if they did make enquiry, they must have heard that this
company observed the same days of payment with the government, and have
done so invariably from the original institution; and in such a case,
the blunder can hardly be called the effect of oversight, but a wilful
blindness.
Public-domain text, read in full here on John Shaqi.
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