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 section 75 of this statute, begins with a recital of the act 8 and 9
of king William in favor of the Bank of England, _viz._ that no other
Bank than the Bank of England shall be erected, permitted or allowed by
act of parliament, and then the act proceeds, that for the better
securing the priviledges of the Bank of England, _It shall not be
lawful_ (in the record it is _shall and may be lawfull_) for any Company
to be established by virtue of this act, to borrow or give security for
any sum or sums of money on credit, on any publick funds hereby granted,
and that it shall not be lawful for such Company to be established by
virtue of this act, to borrow or give security for any greater sum or
sums of money, than such as shall be really and _bona fide_, expended
and laid out in and for the buying of goods, bullion or commodities, to
be exported for the proper account of the said Company to be
established, or shall be otherwise employed in their trade, all which
sum or sums of money so to be borrowed for the purpose aforesaid, shall
be borrowed only on their common seal, and shall not be made payable or
_bona fide_, agreed to be paid at any time less than six months from the
time of borrowing thereof: and that it shall not be lawful for the
Company to be established by this act, to discount any bills of
exchange, or other bills or notes whatsoever, or to keep any books or
cash for any persons whatsoever, other than only the proper monies and
cash of the said Company.
The plain import of this clause is not to restrain the Company with
respect to the extent of their trade, but merely to prevent its
interfering with the business carried on by the Bank of England. The
purchasing goods upon credit can never be considered as an interference
of that kind.
The 86th section of this act does no way restrain the Company with
respect to the amount of its debts, excepting only that the Company
shall take care that the sum total of all the debts which they shall owe
at any one time shall not exceed the value _of the principal or capital
stock or stocks which at any such time shall be and remain to the said
society undivided_; and that in case the Company, by any dividend
whatsoever to be made amongst themselves, shall reduce or lessen their
joint stock, principal or capital, without paying off or proportionably
reducing the sum total of their debts, so that the value of the joint
stock, principal or capital undivided, shall not be sufficient to
answer their just debts then remaining unpaid. In every such case the
particular members receiving such dividend shall be severally liable to
the amount of the dividends received, to pay and satisfy the debts which
shall remain due and unpaid by the Company.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account