BALLOT. THE mode of deciding questions by ballot in the General Court of Proprietors is prescribed by the charter of King William III, 1698. At that period every proprietor of £500 stock in his own right was entitled to give his vote in General Court; and no proprietor, whatever amount of stock he might hold beyond that sum, could give more than one vote. As it was not requisite that a proprietor should have held his stock for any prescribed period to qualify him to vote, it may be readily conceived that, upon any occasion where questions involving conflicting interests were to be decided by ballot, parties did not hesitate to become proprietors for the immediate occasion, and parting with their stock so soon as the object for which they qualified was effected. The evils attendant on such a system became more apparent as the Company's affairs enlarged; and, as ballots took place immediately on their being demanded, the privilege was open to the most flagrant abuse, and made subservient to the views of interested parties. Between the years 1757 and 1764, various questions relative to the state of the Company's affairs and possessions abroad came under discussion in General Court. On the appointment of a successor to the government of Bengal, and on the proposed re-appointment, in 1764, of Lord Clive, party spirit ran high. So great was the inconvenience arising from the facility with which individuals could qualify, that, on the 12th March 1764, a General Court was held at the instance of several proprietors, amongst whom were Lords Clive and Elibank; at which Court a motion was made to limit the right of voting to those who had possessed their stock for a certain period. The question was adjourned to the 21st of that month, when it was resolved that an application be made to Parliament for an act to prevent parties voting who should not have been in possession of their stock for at least four months. The first ballot that took place after such resolution was on the 4th of May following, on a motion for empowering the Court of Directors to agree with Lord Clive for the payment of his jaghire for the space of ten years. With the view of preventing, as far as possible, in the absence of legislative provision, a recurrence of the evil complained of, the ballot was demanded in General Court on the 2d May; it was fixed for the 4th; the transfer books were ordered to be forthwith closed, and not to be re-opened until the ballot should have been concluded. The petition, which had been prepared in conformity with the resolution of the 21st March, was presented to the House of Commons on the 16th January 1765; on the 14th March a bill was brought in, which was ordered to be read that day three months. In September following, the Company resolved to renew their application to Parliament; and, at the same time, solicit such an alteration in the oath taken on balloting, as should prevent parties voting who did not possess the stock in their own right. A petition to the above effect was accordingly presented, and thrown out on the third reading on the 17th March 1766. The number being equal, forty-three ayes and noes, the speaker (Mr. Cust) observed, that as the bill might be brought in, if a proper one, another year, he declared himself in the negative, and the bill was consequently lost. The provisions of the charter remained in force until 1767. On the 6th of May in that year an improvident proposition was brought forward and carried, notwithstanding the opposition of the Directors, to increase the dividend to twelve and a half per cent. To check the recurrence of such a proceeding, a bill was brought into Parliament to regulate the declaration of dividends; and on the 18th May a motion was made in General Court, at the hour of nine in the evening, that the Company should agree to petition against such a bill: it was demanded that the ballot should take place the same evening. A protest, signed by fifty-two proprietors, and one from the Court of Directors, against such a precipitate, unprecedented, and and irregular proceeding, were delivered in and read. The proprietors then proceeded to appoint scrutineers. The Court of Directors declined to nominate any on the occasion. At eleven o'clock the glasses were delivered to the scrutineers; and the General Court being resumed, the protests were again read. Shortly after, the scrutineers reported one hundred and thirty-eight votes for the question, and two against-the directors and proprietors who had protested against the ballot taking no share in that transaction. Counsel was then named to oppose the bill in Parliament. On the same evening a further discussion took place on the subject of the protest delivered in by the Court of Directors against the ballot, and it was recommended to them to reconsider the same; the Court adjourning at four o'clock on the morning of the 19th. On the 27th May the General Court again met; when the Chairman stated, "that the Court of Directors, having deli"berately reconsidered their protest, were unanimously of opinion, that they had an undoubted right and good cause "to make such protest, and that they saw no reason to with"draw or alter the same." The Chairman also stated to the Court, that a bill for regulating the qualification of Proprietors had been read a second time, and was ordered to be printed. Discussions on the principles of such bill took place on the 29th of May, the 5th and 11th of June; in the latter month the acts of 7th Geo. III, cap. 48 and 49, were passed: the former to regulate the qualifications (vide General Court of Proprietors) and limiting the power of voting to those who had held their stock six months; the latter providing, that no ballot on any question proposed in General Court should be begun within a less space of time than eight hours after the adjournment of such General Court in which the question was proposed; and that, in no case, should the ballot commence at a later hour than twelve o'clock at noon, nor close earlier than six. Instances have occurred of a ballot having been kept open till ten at night, on the occasion of the Feast of the Passover. In 1770 an act passed, by which no ballot can take place until twenty-four hours after the adjournment of the Court in which the question to be decided has been been proposed. Further provisions affecting the right of Proprietors were made in the Regulating Act of 1773. A proprietor holding in his own right, for twelve months, £1,000 stock, is entitled to give one vote at a ballot. The oath which a proprietor takes before he can vote is founded upon the provisions in the charter, and the 7th of Geo. III, c. 48. In the year 1813, the 53d Geo. III. c. 155. s. 77, was passed; by which it is declared, that in cases of equality of votes (except on questions for the appointment of two or more candidates for office), the question is rejected. 1767. 7 Geo.3, c. 49, $3. 1770. 10 Geo. 3, c. 47, § 3. 1813. 53 Geo. 3, c. 155, $ 77. LAWS. Ballot, when to commence and close. (1) And be it further enacted by the authority aforesaid, in no case the balloting shall be begun at a later hour of the day than twelve of the clock at noon, nor closed at an earlier hour than six of the clock in the afternoon. (2) From and after the passing of this act, no balloting upon any question proposed in any General Court of the said Company, relative to any matter whatsoever, shall be begun within a less space of time than twenty-four hours after the adjournment or breaking-up of the General Court in which it shall have been determined that such question should be decided by balloting, Equality of Votes. General Courts or Courts of Di rectors, the questions to be considered as rejected, except in cases of two, or (3) Whereas, by the Charter of Incorporation of In cases of equasaid United Company, granted under the authority of lity of votes in an act passed in the ninth and tenth years of the reign of his late Majesty King William the Third, intituled, "An Act for raising a Sum not exceeding Two Mil"lions, upon a Fund for Payment of Annuities after "the Rate of Eight Pounds per Centum per Annum, "and for settling the Trade to the East-Indies," it is ordered and appointed, that in all cases where there shall be an equality or equal number of votes in any General Court, or in any Court of Directors to be holden as aforesaid, the matter shall be determined by lots, which the Treasurer for the said Company shall cause to be prepared and drawn for that purpose: and whereas it is expedient that such mode of decision should be no more candidates for office, which are still to be determined by lot. longer longer continued, be it therefore enacted, that from and after the passing of this act, no question in any such General Court, or Court of Directors, shall be carried otherwise than by a majority of votes; and in all cases of an equality of votes upon any question put in any such General Court or Court of Directors, such equality shall be deemed and taken to operate as a rejection of the motion or proposition on which such question shall have been so put; provided always, that nothing herein contained shall extend, or be construed to extend, to cases of election of any person to any office or place where there shall be more than one candidate for such office or place, but that in all such cases where there shall be an equality of votes in favour of any two or more candidates, such election may be determined by lot, in manner directed by the said charter; any thing herein contained to the contrary notwithstanding. Upon election of Directors, every Proprietor shall, before admitted to vote, take the follow ing oath. Oath to be taken by a Proprietor at a Ballot. LAWS. 1813. 53 Geo. 3, c. 155, $ 77. 1773. c. 63, § 6. (4) And be it further enacted, that from and after the first day of October 1773, upon every ballot to be 13 Geo. 3, taken at any General Court of the said United Company, every member or proprietor of the said Company shall, before admitted to vote in such General Court, first take the oath hereafter mentioned before two or more of the Directors of the said United Company, who are hereby empowered to administer such oath; (that is to say), 66 I, A. B., do swear," (or, being one of the people called Quakers, "do solemnly affirm"), "that the sum of one thousand pounds or "more of the capital stock of the United Company of Merchants of England trading to the East-Indies, standing in my name, doth at "this time belong, and hath for the space of twelve calendar months actually belonged to me, in my own right, and not in trust for any and that I have been in the actual person or persons whatsoever; "receipt of the dividends and profits thereof for my own use, freed "and discharged of all incumbrances which can or may affect the same, for the said space of twelve calendar months; or that the "same came to me within the time aforesaid by bequest, or by mar riage, or by succession to an intestate's estate, or by the custom of "the City of London, or by settlement; and that such stock has not "been transferred or made to me fraudulently or collusively, on pur"pose to qualify me to give my vote; and that I have not before given my vote on this ballot-So help me God." 66 Perjury liable to Penalty. (5) And in case any person taking the oath or affirmation hereby appointed shall thereby commit wilful perjury, and be thereof convicted; and if any person do unlawfully or corruptly procure or suborn any other person to take the said oath or affirmation, in order to vote, whereby he or she shall commit such wilful per jury, |