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 — John Shaqi
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 plain import of this clause of the act, is to secure the creditors
of the Company from any unjustice by the Company's dividing their
effects so as not to leave a sufficiency for payment of its whole debts,
and can never admit of the construction which has been attempted to be
put upon it, as if the Company's debts could never exceed the sum of
money subscribed to Government.----By the words principal or capital
flock or flocks undivided, is plainly here to be understood the total
funds and effects of the Company, which are in fact the capital upon
which the Company does trade; and there would be the greatest absurdity
in supposing, that in a case where the Company had in its warehouses
goods and effects to the value of three times its debts, the debtors of
the Company could have an action against the receivers of dividends,
under pretence that the sum total of the Company's debts exceeded the
sum total of the capital stock subscribed to Government, at a time when
the Company's total goods and effects might, as at present, exceed its
total debts, in such a proportion as not only to pay its whole debts,
but also to repay its capital advanced, and leave five or six millions
over of clear ballance to be divided amongst the proprietors.
But if the words, principal capital stock or flocks undivided, could in
this clause admit of the construction which is put upon them, yet
certainly the words _sum total of debts_ can in that case be only
understood to mean the ballance of debts after deducing the fair value
of the Company's effects, other than its capital subscribed; and if the
_debts_ are understood in this sense, viz. as the ballance of debts,
there would be no inconsistency, that when the sum total of the ballance
of debts exceeds the capital stock subscribed, that the receivers of
dividends should be respectively answerable to pay the debts in
proportion to what they receive, but unless the words, principal or
capital stock or stocks undivided, or the words, sum total of debts are
to be understood in the sense here affixed to them, the statute can not
be explained so as to be agreeable to common sense or reason.
By the act 6th Q. Ann. c. 17. § 2. it is provided, that for the better
enabling the East India Company to raise and pay the sum of
1,200,000_l._ advanced to the publick, the common seal of the Company
shall and may be made use of to borrow any sum or sums of money, from
time to time, upon account of their united stock and funds, so as the
sum total of all the principal monies which at any one time shall be
owing upon the security of the said seal do not exceed 1,500,000_l._
over and above the monies which might lawfully be borrowed thereupon
before the making of this present act.
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