A Short View of the Laws Now Subsisting with Respect to the Powers of the East India Company: To Borrow Money under their Seal, and to Incur Debts in the Course of their Trade, by the Purchase of Goods on Credit, and by Freighting Ships or other Mercantile TransactionsPulteney, William
History
A Short View of the Laws Now Subsisting with Respect to the Powers of the East India Company: To Borrow Money under their Seal, and to Incur Debts in the Course of their Trade, by the Purchase of Goods on Credit, and by Freighting Ships or other Mercantile Transactions
Pulteney, William
East India Company -- Appropriations and expenditures; East India Company -- Rules and practice; Great Britain -- Commercial policy
If any obscurity had in fact existed upon the footing of the former
acts, this clause of the act 6 Q. Ann is sufficient to clear it up, the
Company are no way restrained by the plain words and meaning of this
last clause, as to the other book debts which they may owe not under the
common seal, because debts under the common seal are the only ones which
could interfere either with the Bank of England or with Government
loans.
By the act 7th of George I. c. 5. p. 32. it is enacted, that it shall
and may be lawful for the East India Company to borrow or take up money
upon any contracts, bonds, &c. under their common seal, for carrying on
their trade, or for lending money, by way of bottomry, so as by the
monies already borrowed by them, and by the monies which they shall
hereafter borrow pursuant to this act, the whole sum which they shall
owe at any one time do not exceed the sum due at that time from the
public to the said Company, or the sum of _five millions_ of pounds
sterling in the whole.
The plain meaning of this clause is, that the Company shall not owe,
_under their common seal_, at any one time, a greater sum than
5,000,000_l._ but it neither imports nor implies any restriction upon
the Company with respect to the purchasing goods upon credit, or
freights due to ships, or other book debts incurred in the common course
of trade without borrowing.
A criticism has been made on this clause, as if the Company could not
take the benefit of borrowing to the amount of five millions under this
statute, because the first part of the statute recites a plan or scheme
which had been formed for incorporating nine millions of the South Sea
capital stock into the stock of the East India Company, which scheme
never took effect, and therefore it has been argued that the power of
borrowing given to the East India Company being a part of that scheme,
must fall with it.
But the answer is very obvious: the power of borrowing given to the East
India Company is not granted under any condition whatever, but is given
in positive and direct words, to the amount of five millions--and the
act does not proceed upon the intention to incorporate the nine millions
of South Sea stock as a condition, but only recites that as a
proposition, and gives leave to the several Companies to carry it into
execution if they thought proper.
But if any doubt had remained concerning this power of the Company to
borrow five millions, it is fully removed, not only by their having in
practice explained the act in the most extensive manner, without
challenge, but by the subsequent act 23 Geo. II. c. 22. § 5 and 6. which
plainly proceeds upon the supposition, that the Company was at that time
intitled to borrow to the amount of six millions, and allows them to
convert 4,200,000_l._ as part of their bonds into annuities.
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