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 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, 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.