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
The 33d section of the same act is a repetition almost verbatim of the
75th section of the act 9 and 10th of king William, c. 44. by which, in
order to prevent the Company from interfering with the Bank of England,
they are allowed to borrow on the credit of their capital stock,
provided the sum so borrowed shall be laid out in goods to be exported
or otherwise employed in their trade, or lent on bottomry, and that such
sums shall only be borrowed under their common seal, and shall not be
payable on demand but at six months, and that they shall not discount
bills or notes, or keep cash for other persons.--In this clause the
words "_it shall not be lawful_," in place of "_it shall and may be
lawful_," are erroneously copied from the printed clause 75th of the act
9 and 10th of William, c. 44.
The act 17th Geo. II. c. 17. § 8. gives the Company simply a power in
order to raise the sum of one million paid by them to Government, of
borrowing _under their common seal_ to the amount of one million more
than they could before lawfully borrow.
This seems to be a compleat view of the whole subsisting statutes by
which the East India Company is restrained from borrowing money; and it
must appear evident, that by none of them the Company is prohibited from
purchasing goods upon credit, or incurring book debts, and therefore the
great clamour which has been raised, as if the Company had acted
contrary to law, or in an inexpedient or improper manner, by incurring
the book debts which it presently owes, over and above its bonds and
annuities, must appear totally groundless and absurd.
It further appears, that the Company's affairs are now in such a
situation, that every one of these debts will be paid off in a very few
months, and that the 40,000_l._ of additional dividend, voted to take
place at Christmas next, will in no respect retard the payment of these
debts; and that the Company will be further possessed, when the ships of
this season shall have arrived, of effects equal to the payment of
almost the whole of their bond debts, which, however, there is no
intention nor no occasion to pay off.
But supposing the whole of the Company's book debts could not be so soon
discharged, this can be no objection to the small additional dividend of
40,000_l._ considering the present flourishing state of the Company's
affairs. The creditors to whom the book debts are owing are under no
uneasiness, nor do they complain of the increase of dividend, which it
is now allowed the Company are fully able to pay, and to continue that
payment out of the profits of their trade alone.
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