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A37550 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. 1695 (1695) Wing E100B; ESTC R41105 3,792 1

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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