By-laws proposed by the governour, deputy-governour, and committee of nine, pursuant to an order of the general court for the better manageing and regulating the companies affairs and approved of in a general court of the East-India Company, holden the 17th. of January, 1694/5. East India Company. 1695 Approx. 12 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A37550 Wing E100B ESTC R41105 19620368 ocm 19620368 109221 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A37550) Transcribed from: (Early English Books Online ; image set 109221) Images scanned from microfilm: (Early English books, 1641-1700 ; 1685:27) By-laws proposed by the governour, deputy-governour, and committee of nine, pursuant to an order of the general court for the better manageing and regulating the companies affairs and approved of in a general court of the East-India Company, holden the 17th. of January, 1694/5. East India Company. Sommers, J. Holt, John, Sir, 1642-1710. Treby, George, Sir, 1644?-1700. 1 broadside. s.n., [London : 1695?] Signed: J. Sommers. C.S., J. Holt, Geo. Treby. Place of publication suggested by Wing. "Given under our hands and seals, this eighth day of April, ... annoq; Domini, 1695." Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Great Britain -- Commerce -- India. 2005-12 TCP Assigned for keying and markup 2006-01 SPi Global Keyed and coded from ProQuest page images 2006-05 Judith Siefring Sampled and proofread 2006-05 Judith Siefring Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion By-Laws proposed by the Governour , Deputy-Governour , and Committee of Nine , Pursuant to an Order of the General Court for the better Manageing and Regulating the Companies Affairs . And Approved of in a General Court of the East-India Company , Holden the 17 th . of January , 1694 / 5. I. THAT as often as the Governour or Deputy-Governour of this Company , shall happen to Die , within the Year after he is Elected and Sworn into his Office , There shall be called a General Court of Adventurers , qualified as by the Charters are directed , Who shall within fourteen days , or sooner , after the Death of such Governour or Deputy , Elect one other Person into the place of the Deceased , to Execute the said Office , during the Residue of the Year . II. That whenever the Court of Committees , shall find the Companies Affairs to be in a Condition , to afford a Dividend to the Adventurers , The State and Condition of the Company , be particularly represented to a General Court , To the end that their Direction and Consent may be given , both as to the Quantum of such Dividend , and the time for making the same , without which No Dividend shall be made . III. That the Accomptant General do so keep the Companies Books , That he may Attest the same upon Oath , if required : Wherein he is from time to time , to enter the true Value of the Joynt-Stock of this Company , And the better to enable him to keep up the said Accompts , that they may not be behind hand , The respective Warehouse-keepers and other the Companies Officers , intrusted with any of the Companies Goods or Moneys , be hereby injoyned , within one Month after every Sale , to produce unto the said Accomptant their respective Accounts , to be by him enter'd into the Books in due form . And that once in three Years , a true Valuation or Ballance be drawn out by him , and approved of by the Court of Committees , And that the same be enter'd fairly into a Book , to be kept for that purpose , to lye open from time to time , for the Perusal of all Persons concerned . And that the first Ballance be drawn and presented accordingly , some time between this and the Tenth of December , 1695. IV. That all Alienations and Assignments of any Part of the General Joynt-Stock of this Company , to any Person whatsoever , shall be entred and register'd in a Book or Books , to be provided for that purpose by the Company , which shall lye open for the View of all Persons concerned . V. That whereas Their Majesties by Their late Instrument , Dated the 28th . of September last , have therein , among other things , vested the Sole power of choosing all Sub-Committees , in the General Court of the Company , It is hereby order'd , That within Ten days at the furthest , after the Publication of the Election of a New Governour , Deputy-Governour , and Twenty Four Committees , the said Governour or his Deputy , do call a General Court , for the Electing of all Sub-Committees out of the Twenty Four Committees aforesaid , for the Year Ensuing , Pursuant to Their Majesties said Instrument . Provided , That this By-Law shall not extend , to debar the General Court at any time , from Choosing a Committee , out of the Generallity , to examine into the State of the Companies Affairs , as they shall think fit to direct . VI. That in the first or second Meeting of the Court of Committees , after every Annual Election , The said Court shall Elect and Choose , all the Companies Officers and Servants here in England , that are under an Yearly Sallary , by the Balloting Box , and not otherwise . VII . That all the Companies Presidents , Agents , Factors and other their Servants , who shall at any time hereafter be sent to India in their Service , shall be Elected by the Court of Committees , by the Balloting Box , and not otherwise . VIII . That none of the Companies Servants in India , of what degree soever they be , shall be advanced , removed or displaced , but by the Court of Committees , and the Decision declared by the Ballotting Box , and not otherwise . Provided that nothing in this By-Law , shall be understood , to abridge the Liberty for the Companies Presidents and Councils , or Agents and Councils in India , to suspend , or remove to any other Subordinate Factories , any Factors , Writers , or other the Companies Servants or Officers , until the Companies pleasure be further known therein . IX . That no Orders or Instructions from England , shall at any time hereafter be obeyed , as the Order of the Company , by any of their Agents , Factors and Servants in India , excepting only such , as are signed by the Governour or his Deputy , and Twelve or more of the Committees for the time being . X. And for the more easie and safe Dispatch , of the Business of this Corporation , to the Honour and Benefit thereof , It is hereby further Order'd and Appointed , That there shall be frequent Courts of Committees held , And that before the said Court so Assembled , There shall be laid by the Committee of the Treasury for the time being , once every Month , a True Account of the present State of the Companies Cash , together with a particular in Writing , in a Book to be kept for that purpose , What Moneys have been taken up at Interest , for the Use of the Company , the Precedent Month , and of whom , and upon what Terms ; As also what Interest Money hath been paid off by the Company , within that time , and to whom so paid off . XI . And for the preventing of Fraud and Deceit , as much as may be , in all the Transactions of the Company , It is hereby further resolved and order'd , That in all Cases whatsoever , Where the Governour , Deputy-Governour , Committee-Man , or any other Officer of this Company , shall have any dealing or business with this Corporation , upon their own Account , separately , or joyntly 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 Governour , Deputy-Governour , Committee-Man , 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 Committees , or any Sub Committee , with whom such matter is Negotiated as aforesaid , Whether he is directly or indirectly concern'd in , the Goods proposed to be Sold , or other Matters then Negotiating . And it is also hereby order'd , That no Governour , Deputy-Governour or Member of the Court of Committees , shall Vote , or Make Allowance for any dammaged Goods , which he or they be directly or indirectly concerned in : And if any such Governour , Deputy-Governour , Committee-man or other Officer whatsoever , shall at any time wittingly and willingly offend , contrary to these said Rules and Ordinances , Such Person or Persons so offending , and being declared Guilty thereof by a General Court , shall immediately become , and be deemed and reputed to be , uncapable for Seven Years time next after , of holding , or enjoying , or being chosen again into , the Office of Governour , Deputy-Governour , Committee-man , or any other Office of , or belonging to the said Company . Provided that nothing in this By-Law , shall be understood , to oblige any Governour , Deputy-Governour or other Member of the Court of Committees to declare , whether they are concerned in Goods bought by themselves , or others for them , at any Publick Sale by the Companies Candle . XII . And it is hereby further Resolved and Ordained , That in all Cases , where any Question or Debate shall at any time arise , or be made , in the General Court or Court of Committees , touching or concerning any Irregularity , or Misdemeanour committed by any Person or Persons , Members of this Corporation , That then such Person or Persons , touching or concerning whom such Question or Debate is , or shall be had , or made , for any Irregularity or Misdemeanour as aforesaid , shall have and give no Vote relating thereunto , but shall , first having been heard whatsoever he , or they can alledge in their own defence , withdraw and be absent , during such Debate concerning him , or themselves , in any matter or thing , wherein he or they be concerned as aforesaid ; Provided always , That this Law shall not extend , or be construed , to hinder more than three Persons at one time , from being present , or Voting at any General Court , or Court of Committees , during such Debate as aforesaid . XIII . And it is hereby further Order'd and Resolved , That if any Governour or Deputy , or any one or more of the Court of Committees , or Sub-Committees of this Company , shall wittingly or willingly , at any time hereafter , act contrary to any the Rules prescribed in the several Charters , granted to this Company , Or to such By-Laws as are , or shall be made by the General Court , Or shall Sign any Warrant , for the giving or paying away any Money , not relating to the Trade and Affairs of the Company , without leave first had of the General Court , And that the Company are damnify'd thereby ; That then , and in each of the said Cases , Every such Person being Governour , Deputy-Governour , or of the Court of Committees , or Sub-Committees , and all other the Members of the said Corporation , who shall order , consent , agree to , or wittingly approve of the same , and be Convicted thereof by a General Court of the said Company , within three Years time after the Fact done , and declared Guilty by their Vote , Each and every such Person , shall for every such Offence , forfeit to the Use of the said Company the Sum of Five Hundred Pounds , to be answer'd and paid , to the Governour and Company of Merchants of London , Trading into the East-Indies . XIV . That if any of the Companies Officers , shall without Order from the Court of Committees , or Sub-Committees of the said Company , respectively , at any time hereafter , make out any Warrant for payment of Money ; Or if the Cashire General shall pay any Sum of Money , without a Warrant , first Signed by the Governour or Deputy , and four of the Committees for the time being ; Or if any of them shall wittingly and willingly , do any other Act , or thing , in the Execution of their several Offices , whereby the Company shall receive any Dammage , Every such offending Officer shall , for each Offence , Forfeit and Pay to the said Governour and Company , the Sum of Fifty Pounds , and be also turned out of his Place : Provided That this By-Law shall not debar the Accomptant General from making out Warrants , nor the Cashire General from Paying any Sum or Sums of Money , due upon Bills at Interest , or Bills of Exchange drawn upon the Company , and accepted by the Governour or Deputy , or for Moneys due for Interest on Bills . We have seen and Perused these By-Laws , and do approve thereof , and as much as in us lies , do hereby Ratifie and Confirm the same . Given under our Hands and Seals , this Eighth day of April , in the Seventh Year of the Reign of Our Sovereign Lord William , by the Grace of God , King of England , Scotland , France and Ireland , Defender of the Faith , &c. Annoque Domini , 1695. J. Sommers . C. S. J. Holt. Geo. Treby .