BY-LAWS, Constitutions, Orders and Rules, for the Good Government of the Corporation of the United Company of Merchants of England, Trading to the East-Indies, and for the better carrying on, and managing the Trade of the said Company.

1st By-Law.

IT is Ordained, That the Common Seal of this Corporation, shall be kept under Three Locks, by such Three of the Directors, as the Court of Directors shall from time to time appoint; and that the said Seal shall not be set to any Writing, or Instrument, but by an Order of the Court of Direct­ors first had, and that in the Presence of the said Three Directors, or any Two of them: And that the Directors, who have the Custody of the Seal, do cause a particular Register of all Bonds for Money borrow­ed at Interest, and another Register for all other Bonds and Instruments of what kind soever, that shall pass under the Companies Seal, to be Entred and kept; And that they cause the said two Register Books to be laid before the said Court of Directors every Week. To the end the Court of Directors may inform themselves of all things, that the Seal hath been Affixed to for the Week preceeding.

2d By-Law.

Item, It is Ordain'd, That upon all Transfers to be made of any Interest in the Stock, or Fund, of this Corporation, Five Shillings, and no more, shall be Paid for each Transfer, by the Person Transferring, for the Use of this Corporation.

3d By-Law.

Item, It is Ordained, That a Court of Directors shall be Summoned and Held, once in every Week at the least.

4th By-Law.

Item, It is Ordained, That an Account of the Mo­ney Received, and Paid, for the Annuity, be kept di­stinct from the Trade; And that the said Annuity be Paid Quarterly, to the Persons Interested, at the Four most usual Feasts, or so soon after as the same shall come in.

5th By-Law.

Item, It is hereby further Ordained, That in all Cases whatsoever, where any Director, or any other Officer of this Company, shall have any Dealing, or Business, with this Company, upon their own Ac­count separately, or in conjunction with any other, for or in respect of Buying for, or Selling to, this Company any Bullion, or other Goods whatsoever, or in the making any other Bargain or Contract whatso­ever, by, to, or with this Corporation, That then, in such case, such Director or Officer, so having any Business with this Corporation, as aforesaid, shall at the time of his or their Negotiating the same, or being present at such Negotiation, declare and publish to the Court of Directors, whether he is directly, or indi­rectly, concerned in the Goods proposed to be Sold, or other Matters then Negotiating, or in any other Matter wherein he shall be directly, or indirectly, Interested or Concerned. And if any Debate shall thereupon arise, the Person concerned having first been heard, shall afterwards withdraw during such Debate, and when the Question is put: Provided that nothing in this By-Law shall be understood to oblige any Director to declare, whether he is concern­ed in Goods bought by himself, or others for him, at any Publick Sale by the Companies Candle. And it is also hereby Ordained, That no Director shall give his Vote, for any Lot of Goods bought at the Com­panies Candle, or for making any Allowance for any Goods so bought, wherein he is directly or indirectly concerned. And if any such Director, or other Offi­cer whatsoever, shall at any time wittingly or willing­ly offend, contrary to this By-Law, Such Person or Persons so offending, and being declared guilty there­of by a General Court, shall immediately become, and be deemed and reputed uncapable, of Holding or Enjoying, or being Chosen again into the Office of Director, or any other Office of, or belonging to, the said Company.

6th By-Law.

Item, It is Ordained, That no Director shall take any Fee, Present, or Reward, directly or indirectly, upon any Account whatsoever, relating to the Busi­ness and Affairs of the Company.

7th By-Law.

Item, It is Ordained, That no Officer or Servant em­ployed by this Company, shall directly or indirectly, take any Fee, Reward or Present, other than such as shall be Allowed and Established by the Court of Di­rectors, and contained in a Table or Tables of Fees, to be provided by them for that Purpose, and expo­sed to Publick View: And that no Officer or Servant, being or taking upon him the Office of a Broker, shall be capable of continuing in the Service of this Company.

8th By-Law.

Item, It is Ordained, That the Court of Directors shall not invest any of the Companies Money, or Effects whatsoever, in Shipping, (Except such small Ships as they may have Occation to imploy in the East-Indies) or in the Purchasing any Part or Share, in the Capital or Additional Fund. or Stock of this Company, without the Consent of the General Court first had.

9th By-Law.

Item, It is Ordained, [...] and after Micha­elmas, which shall be in the Year of our Lord, 1709. No Ship or Vessel shall be Hired or Freighted by the Court of Directors, wherein any Director is, directly or Indirectly concerned, or Interessed, as an Owner, or a Part-Owner: And all Ships to be Hired by this Company, shall be Taken up, and their respective Voyages Agreed in a Court of Directors, by the [Page 2] Ballot, and not otherwise: And the Court of Di­rectors shall not a [...]cept the Tender of any Ship, but what shall be first made by the Commander and Two of the Owners in Writing, wherein shall be expressed the Names of all the Owners.

10th By-Law.

Item, It is Ordained, That all Goods and Mer­chandizes whatsoever, that shall hereafter be Licen­sed to be sent in any the Company's Ships to the East-Indies, by the Court of Directors for the time being, or by any Committee impower'd by them, shall be brought to a Warehouse, to be appointed for that Purpose, at the East-India-House, and be there Viewed by the Committee of Shipping, in order to the Tonnaging and Registring of such Goods.

That all Bullion which shall be so Licensed, shall be brought to the Treasury-Office, and there View'd, Weigh'd, and Pack'd up.

That before any Warrant, or Order, shall be given for Shipping such Goods, Merchandizes, or Bullion, The Freight, and other Duties chargeable thereon, shall be first Paid to the Companies Trea­surer, or Cashier, for the time being; for which he shall give a Receipt, therein mentioning the Sum, and for what Paid; Which Receipt shall be pro­duced to the Committee, or Officers, who Sign the said Warrant, or Order.

That the Companies Mark shall be put upon all such Goods, Merchandizes and Bullion, either by burning or deep cutting in, if the Package will bear it, or else by stamping, before the same are re­moved out of the Warehouse, or Treasury, afore­said, with such further additional Marks or Num­bers, as the Parties concerned, and the Committee of Shipping, or of the Treasury, shall direct.

That a due Register shall be kept, in Books for that Purpose, of all the Goods, Merchandizes and Bullion, to be Licensed as aforesaid, together with the Quantity and Tonnage of the same; And that the Husband at the Waterside, or his Assistant, do, from time to time, within Fourteen Days, after any Ship or Ships belonging to this Company are Sailed from the Downes, transmit to the Court of Directors, an Account of all Goods and Merchan­dizes, Ship'd on such Ship or Ships respectively, to­gether with the Marks, and Numbers, and Quanti­ty of the Tonnage of the same.

That all Goods, Merchandizes and Bullion, which shall be found on Board any the Companies Out­ward-bound Ships, not Licensed and Marked, or Stamped with the Companies Mark, shall be For­feited, according to the Directions of the Act of Parliament; Except only in such Cases, where the Court of Directors, for the time being, shall think fit, on the Necessity of the Case, to dispense with the Examining and Marking of such Goods, and declare the same, under the Hands of Thirteen or more of them.

That Notice in Writing be given to the Com­manders of all Ships, to be imploy'd in the Com­panies Service of this By-Law, at the time of En­tertaining their Ships, To the end, They may for­bid any Goods being taken on Board their respective Ships, that are not Licensed and Marked, or have not a particular Order under the Hands of Thirteen or more of the Court of Directors, for the time being, for their being Ship'd as aforesaid.

11th By-Law.

Item, It is Ordained, That in all Charter-Parties for the future, There be incerted a Clause, whereby the Commander and Owners shall Lose and Forfeit to the Use of the Company, all their Goods brought Home in Private Trade, which shall not be duly Registred in India, at the Factory where such Goods shall be taken on Board; And in case any of their Goods shall be taken on Board, where the Compa­ny have no Factors, then to be Register'd in the Supra Cargo's Book; And where there is no Supra Cargo, then to be Register'd in the Commander's Book, and Wit [...]ssed by the next Superiour Officer Aboard: And that there be a proper Instrument prepared for the same Purpose, for the Officers and Ship's Company to Sign to, at the time of Receiv­ing their Imprest-Money: And that a return of all such Registers be constantly made by the Factors, Supra Cargo's or Commander on each Ship, under their Hands respectively, and Duplicates thereof transmitted to the Company by some other Ship.

And that all Goods in Private-Trade (Prohibited Goods excepted) be immediately, after Landing, brought up from the Water-side, and Lodged in a particular Warehouse, to be provided by the Court of Directors for that Purpose, and not Housed in any Warehouse at the Water-side, on any Pre­tence whatsoever, unless otherwise Order'd by the Court of Directors.

12th By-Law.

Item, It is Ordained, That when any Director goes to reside beyond Sea, it shall make a Vacancy of his Directorship; And that whenever there shall be a Vacancy of the Place of a Director by Death, Resignation, Incapacity, or otherwise, another shall be Chosen in his Room, within One Month after every such Vacancy; And that Ten Days Publick Notice shall be given, of the Day upon which such Choice shall be made.

13th By-Law.

Item, It is hereby Ordained, That no Comman­der, Owner, or Part-Owner, of any Ship Freighted by the Court of Directors, shall sell any Office of Mate, Purser, Gunner, Boatswain, or any Inferior Office, or take any Fee or Reward whatsoever, di­rectly or indirectly, for any of the said Offices or Imployments, on board any Ship so Freighted: And that upon proof made thereof to the Court of Di­rectors, such Commander, Mate, Purser, Gunner, Boatswain or other inferior Officer, shall be dischar­ged the Service of this Company: And that any Owner, or Part-Owner, or Commander of any Ship, Freighted as aforesaid, who shall sell any such Office as aforesaid, Upon proof made thereof to the said Court of Directors, shall forfeit to this Company, for every such Offence, double the Sum for which any such Office shall be sold, To be deducted out of the Freight and Demorage to grow due for the said Ship; And that a proper Clause be inserted in all Charter-Parties for this purpose.

That no Commander, Mate, or other Officer of any Ship, Freighted by the Court of Directors, shall be allowed to take up or borrow, or become bound for any Money upon Bottomree, on the Goods on board, or the bottom of any Ship outward-bound to the East-Indies, or other Parts within the Limits of the Companies Charter, more than their re­spective Proportions of the Indulgence granted by the Company to the Commander, Officers, and Ship's Company; Which said Money, so allowed, shall be taken up of the Company, at such Rates and Values, and on such Security, as the Court of Directors shall think fit: And that the said Captains and Officers shall give Bond accordingly. And upon proof made to the Court of Directors of the Breach of this By-Law, by any Commander or other Officer of any Ship, Freighted as aforesaid, Such Commander or Officer shall be forthwith Discharged from the Ser­vice of this Company, and be render'd uncapable, [Page 3] for ever after, of any Employment on Board any Ship in the Service of this Company.

14th By-Law.

Item, It is Ordained, That it shall and may be Law­ful for the Court of Directors, to make such Allow­ance for Prompt Payment of Money called in for Trade, as they shall think fit; So as at least Ten days Publick Notice be given, What, and When any such Allowance is to be made.

15th By-Law.

Item, It is Ordained, That the Books of this Com­pany in England, shall be Ballanced to Midsummer-day, which shall be in the Year of our Lord One Thousand Seven Hundred and Ten, and so Yearly to every Midsummer-day following, and the Ballance drawn out within Thirty days after every Midsummer-day: And likewise, the Books of this Companies Affairs in India, shall once every Year, be ballanced, in every of the said Companies Factories, And Transcripts or Copies thereof Signed by the Chief and Council of each Factory, sent to England by the first Convenien­cy following, Under the Penalty of the Persons being dismissed from the Service of the Company, who shall refuse or neglect so to do.

16th By-Law.

Item, It is Ordained, That all Receipts and Pay­ments, Ordered by the Court of Directors, shall be made in course, without any undue Preference; And every Officer acting otherwise, shall be dismissed the Service of the Company.

17th By-Law.

Item, It is Ordained, That upon every Annual Election of Directors, at least Fourteen days Publick Notice shall be given thereof; And that a Printed List of the Names of the Members, Qualified to Vote, be ready to be delivered, at least Seven days, before the Day of Election.

18th By-Law.

Item, It is Ordained, That no Note drawn by any Director, for the time being, or under his Hand, shall be taken in any Payment whatsoever to the Company.

19th By-Law.

Item, It is Ordained, That every Person that is a Member of this Company, and shall, directly or in­directly, under any colour or Pretence whatsoever, Trade within the Limits of the Companies Charter, Otherwise than in the Joint-Stock of the said Com­pany, shall Forfeit and Lose to the Use of the said Company, the Value of such Money, Goods and Merchandizes, so Traded for, Over and above all other Penalties and Forfeitures appointed by Act of Parliament; And the Person offending herein, shall be incapable of serving this Company, in any Office or Place whatsoever.

20th By-Law.

Item, It is Ordained, That no Orders shall be sent by the Directors to, or obeyed by any of the Agents or Factors of this Company in India, or any other Parts, at or beyond the Cape of Good Hope, or at St. Helena, but such as shall be Signed by Thirteen or more of the Directors for the time being.

21th By-Law.

Item, In order to avoid Mistakes or Confusions in Elections, It is Ordained,

First, If it shall happen upon making the Scrutiny for Directors, any Two or more Persons Qualified, shall have an equal number of Votes. The Election, in such Case, shall be determined in the General Court, in which such Scrutiny shall be Reported.

Secondly, And if on taking the Scrutiny, Two or more Persons, Qualified for the same Office, have the same Christian and Sirnames, and are not distin­guished by their Additions, Or that a wrong Christian Name, in any List, is placed to a Sirname, when but One Person of that Sirname is Qualified, Or that Literal Mistakes be made in Christian or Sirnames; In every of the said Cases, Such undistinguished, wrong or mistaken Name or Names, shall be kept and not rejected, but the rest of the List shall be al­lowed; And the Persons appointed to take the Scru­tiny, may determine the Person or Persons intended by such undistinguished, wrong or mistaken Name, or Names; Provided the major part of them, then present, shall agree in ascertaining the Person or Per­sons so intended; But in default thereof, the same shall be determined by the General Court, in which such Scrutiny shall be Reported.

Thirdly, And that no List shall be received for any Election, after the Glass is finally Sealed up, accord­ing to the Time prefixed, but such List shall be Re­jected.

Fourthly, And if any Member shall use, or procure to be used, any indirect Means, by Menaces, Promi­ses, or collusive Transfer or Transfers of Stock, or otherwise, to obtain any Vote for Election of him­self, or any other, to be a Director, And be thereof declared guilty at a General Court, to be called for that Purpose, Such Person shall for ever be uncapable of being Elected into any such Office.

Fifthly, And that in all Elections of Committees, to be made by a General Court, the same Method (or so near as the case will admit) be observed, under such Penalties, as are before pres [...]'d, concerning [...]he Election of Directors.

Sixthly, And that the Third and Fourth Clauses of this By-Law, shall be incerted at the end of every Printed List, that shall be given out, at or before the Annual Election, To the End, The Members of this Corporation, may be directed in giving their Votes.

22th By-Law.

Item, It is Ordain'd, That the Cash of this Corporation, consisting in Ready Money, Exche­quer Bills, or Goldsmiths Notes, shall, from time to time, be kept under Three several Locks, by such Three of the Court of Directors, as the said Court shall from time to time appoint▪ Except such Sums, as the said Court shall think necessary to trust with their Cashier: And that the Cash of this Corpor­ation in the Bank of England, shall be kept in such Method as the Court of Directors shall ap­point: And that no Money, re [...]ating to the Trade, or Affairs of the said Company, [...]hall be disposed of, without an Order of the said C [...]urt of Directors: And that the Interest, and all [...] Advantages, ari­sing and growing upon the Ca [...] [...] [...]he said Compa­ny, be brought to the Account of the said Company. And the said Three Directors, who shall be thereun­to appointed, are hereby required, once a Month, or oftner, to Examin the Particulars of the Cash of the Company; And that the Book, containing the State of the Cash, be laid before the Court of Directors every Court day, by the Cashier; And that the said Three Directors, who shall be thereunto appointed, as aforesaid, or any Two of them, do at the next Court of Directors, after such their Examination, as aforesaid, certify upon the said Book, under their Hands, how they find the same.

23d By-Law.

Item, It is Ordained, That the Court of Direct­ors, shall not permit any Person or Persons to Ex­port or Import, any Money, Goods or Merchan­dizes, in any Ship belonging to, or Freighted by this Company, Other than such as shall be first Licensed by the said Court of Directors, or such as shall be by them impower'd to grant such License.

24th By-Law.

Item, It is Ordained, That all Questions (ex­cept for Adjournment) that shall be Proposed in a General Court, shall, if required, be first stated in Writing by the Chairman, before the same shall be put; And that the Chairman, in a General Court, shall not Adjourn or Dissolve the Court, without a Question.

25th By-Law.

Item, It is hereby Ordained, That at the next Annual Election of Directors, which is to be be­tween the 25th Day of March, and the 25th Day of April, 1701, Six at least of those that have been, or shall, during this Year, be Chosen into, and have Served the Office of a Director, shall be excluded from the Directorship for one Year; And to that End, Every List that shall contain the Names of more than Eighteen of this Years Court of Direct­ors, shall be deemed as no Vote, And the said List, and all the Names therein, shall be totally Re­jected.

Secondly, And that at the following Annual Electi­on of Directors, which will be in the Year 1702, Six at least, of those who shall have been Members of the Court of Directors the Two preceeding Years, shall be excluded as above; And every List that shall contain the Names of more than Twelve Persons, that have serv'd the Office of a Director Two Years succesively, shall be deemed as no Vote; And the said List, and all the Names there­in, shall be totally Rejected.

Thirdly, And that at the next succeeding Annual Election, which shall be in the Year 1703, Six at least, of those who shall have been Members of the Court of Directors the Three preceeding Years, shall be excluded as above; And every List that shall contain the Names, of more than Six Persons, that have serv'd the Office of a Director Three Years successively, shall be deemed as no Vote; And the said List, and all the Names therein, shall be totally Rejected

Fourthly, And that at the succeeding Annual Election, which will be in the Year 1704, and thence forward, at every Annual Election for ever, Every Person who hath serv'd the Office of a Di­rector, the Four preceeding Years successively, shall be excluded as above; And every List that shall contain the Name [...] any such Person, shall be deem­ed as no Vote [...] the said List, and all the Names therein, [...] be totally Rejected.

Fifthly, And [...] case, at any of the [...]nnual General Courts of Elections, in all Times to come, (notwithstanding the Rejecting of the Lists, as above prescribed) It shall so happen, That any greater Number of those who have serv'd the Office of a Director, than what is agreeable to the true Intent and Meaning of this By-Law, shall have a Majority of Votes, Then such Supernumeraries of the Di­rectors, as have the least Votes shall be laid aside, And the next Persons who, next to them, have the Majority of Votes, shall be, by the Scrutineers, de­clared to be Elected Directors for that Year, and shall be Admitted and Sworn accordingly.

Sixthly, And that after the 25th of March, 1701, in the Printed Lists to be deliver'd out before every Annual Election, the No 1, 2, 3, or 4, be incerted to the Name of each Director, according to the Years he hath serv'd, That the Members may be thereby directed, in conforming their Lists to this By-Law.

26th By-Law.

Item, It is Ordained, That at the General Court to be held Yearly in the Month of June, a Com­mittee of Seven shall be Chosen, whereof Four to be a Quorum, Who shall be, and they are here­by, Authorized and Impowered to Inspect the By-Laws, and to make Enquiry into the Observance and Execution of them, and to consider what Alterati­ons and Additions may be proper to be made, and to Report their Opinion, from time to time, to the General Court.

27th By-Law.

Item, It is Ordained, That One Hundred and Fifty Pounds a Year, be allowed each Director, for his Attendance upon the Business of this Com­pany.

28th By-Law.

Item, It is Ordained, That none of the present By-Laws, Or any other that shall hereafter be made, shall be Repealed or Suspended, without the Con­sent and Approbation of Two General Courts, to be called for that Purpose.

29th By-Law.

Item, It is hereby Ordained, That if at any Ge­neral Court of this Company, any Nine of the Members present, shall Demand a Ballot for deter­mining any Question Propos'd, Such Question shall be put by the Ballot, and not otherwise.

30th By-Law.

Item, It is Ordained, That whoever shall be in the Service of this Company, and shall be wittingly guilty of the Breach of any of the By-Laws of this Corporation, and shall be so adjudged by a General Court, he shall be incapable of any Imployment in this Company.

31st By-Law.

Item, It is Ordained, That these By-Laws shall be Read in the first Court of Directors, and first General Court, after every Annual Election.

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