RULES, ORDERS, AND BY-LAWS; FOR THE GOOD GOVERNMENT OF THE CORPORATION OF THE GOVERNOR and COMPANY OF THE BANK of ENGLAND.

[Page] [Page] RULES, ORDERS, AND BY-LAWS; FOR THE Good Government of the Corporation of the Governor and Company of the BANK of ENGLAND.

I. BY-LAW.
Elections, the Time, Manner, and Scrutiny.

1st Paragr. The Preamble. WHEREAS it has been found by Experience, that many Incertainties and Inconveniencies have happened for want of a due and regular Method of Pro­ceedings at General Courts of Election, for Remedy whereof in Time to come,

[Page 4] 2d Paragr. Votes to be de­livered perso­nally in Wri­ting or Print. It is hereby ordained and appointed, that at every General Court for any Election, every Member qualified to Vote, and being present, shall deliver in Writing or Print a Note or List, containing the Name or Names of such Person or Persons, (Members of this Corporation respe­ctively qualified, according to the Tenor of the Charter,) as he thinks fit, to Serve and Execute the Office or Employment, for which such Ele­ction is to be had or made, and that at every General Election, each Elector shall deliver in Writing or Print only the Name of One Person qualified for the Place of Governor, and only the Name of one Person qualified for the Place of Deputy-Governor, and no more: And for Di­rectors, a List of the Names of Four and Twen­ty Persons qualified for Directors, and no more If more or less Names than the limited Number, the Vote to be re­jected. nor less. And that in case any Person shall de­liver in Writing or Print any more than One Name for the Place of Governor; One Name for the Place of Deputy-Governor; or a List of any more or less than Four and Twenty Names of Persons qualified for Directors, the same shall be Reputed and Deemed as no Vote, and the said List and all the Names therein shall be totally Rejected.

3d Paragr. The Liist to be rejected where­in are above 16 of the last Year's Directors. And that in case at any General Court of [Page 5] Election of Directors, any Person shall in such List insert the Names of any more than Sixteen of those persons, who were chosen into, and [...]id serve the Office of Directors, the then last preceding Year, the same List shall in like man­ner be Rejected.

4th Paragr. If the Governor or Deputy be in­serted in the List of Direct. it to be rejected. And that if in any List for Directors, there shall be inserted the Name either of the Gover­nor or Deputy-Governor Elected for the ensu­ing Year, such List shall be Rejected.

5th Paragr. If two Persons, qualified have an equal num­ber of Votes, the Choice to be determined by the Gen. Court. And that in case it shall happen that upon making the Scrutiny for any Election of Go­vernor, Deputy-Governor, or Directors; any two or more Persons qualified for the Re­spective Office or Employment, for which he or they shall be Nam'd, shall have an equal Num­ber of Votes, which shall, or may Entitle one, or more of them, to such Office, or Employ­ment; the Election in such Case, shall be de­termined and settled by the General Court, in which such Scrutiny shall be Reported.

6th Paragr. Undistinguish­ed wrong or mistaken Names to be determi­ned by the Scru­tineers, or in their Default, by the General Court. And that if on taking the Scrutiny for any Election of Governor, Deputy-Governor, or Directors, it shall fall out that two or more Persons qualified for the Office for which such Election shall be made, have the same Christian and Sir Names, and are not distinguished by [Page 6] their Additions, or that a wrong Christian Name in any Note, or List, is placed to a Sir Name, when but one Person of that Sir Name is quali­fied for the respective Office, or that any Lite­ral Mistakes be made in Christian or Sir Names: In all and every the Cases before mention­ed, such Undistinguished wrong or mistaken Name or Names, shall be kept, and not thrown aside, or rejected, but the rest of the List shall be allowed: And the Persons appointed to take the Scrutiny at such Election, or so many as shall be present, may deter­mine the Person, or Persons intended by such undistinguished wrong, or mistaken Name, or Names, provided they, or the major part of them, shall agree in ascertaining the Person or Persons, so meant or intended. But in default thereof, the same shall be determined and set­tled by the General Court, in which such Scrutiny shall be Reported.

7th Paragr. No Vote to be received after the Glass is fi­nally Sealed up. And that no Note or List shall be received for any Election after the Glass is finally Sealed up according to the Time prefixed for the doing thereof, but such Note or List shall be Re­jected.

8th Paragr. None to use or procure indi­rect Means to obtain Votes. And that if any Member of this Corpora­tion shall hereafter use, or procure to be used, [Page 7] any indirect Means, to obtain any Vote, or Votes, for the Election of himself, or any other, to be Governor, Deputy-Governor, or Directors of this Corporation; and be thereof declared guilty at a General Court to be called for that purpose, such Person shall from thence­forth, for ever be Incapable of being Elected to, or Holding any such Office or Place.

9th Paragr. Elections of Committees by a General Court to be in the same man­ner. And that in all Elections of Committees here­after to be had or made by a General Court, the same Orders, Rules, and Methods, (so near as the Case will admit) shall be used, observed and kept, and under such Penalties and Disa­bilities, as are herein before Prescribed, for or concerning the Election of Governor, Deputy-Governor, and Directors.

10th Paragr. If more than two thirds of the old Di­rectors be Cho­sen, all above that Number to be removed. And in case, at any Annual General Court of Election, all the Twenty Four Directors for the preceding Year, or more than two Thirds of them shall happen to have the Ma­jority of Votes, for being Directors for the ensuing Year, that then the remaining one Third, or other less Number of the said Twenty Four, (over and above two Thirds of them,) as shall happen to have the fewest Votes, shall be removed, and such Eight, or other less Num­ber of the other Members of this Corporati­on, [Page 8] Qualified as aforesaid, who have the most Voices next to those so removed, shall be, and be deemed and reputed to be Elected to Suc­ceed and Serve as Directors for the Succeed­ing Year, in the Stead and Place of those so removed, and shall be Admitted and Sworn accordingly.

11th Paragr. Part of this By-Law to be Printed in the List for the An­nual Election. And that the first, second, third, fourth, seventh, and eighth Paragraphs or Clauses of this By-Law shall be Inserted at the end of every Printed List, that shall be given out, at, or before the Annual Elections of Gover­nor, Deputy-Governor, and Directors, to the end the Members of this Corporation qualified to Vote, may be well informed and directed in the giving in their Votes.

II. BY-LAW.
Voting by the Ballot, or by Lists, and choosing Officers.

1st Paragr. In all Questi­ons relating to one Person or Thing, the Bal­lot (if demand­ed by 9) to be allowed. Item, It is Resolved and Ordained that in all General Courts, upon any Election, or other Question to be made, or determined, concern­ing any one Person, Matter or Thing only, the Ballot shall be allowed and used, in case [Page 9] the same be demanded by any Nine, or more Members, then qualified to Elect and Vote, and not otherwise.

2d Paragr. All Questions relating to more than one Person or Thing to be determi­ned by Notes in Writing, if de­manded by 9. And that in all General Courts upon any Election or Question, to be made or determi­ned, concerning more than one Person, Matter or Thing, such Election or Question shall not be determined by the Ballot, but by Notes or Lists in Writing, of the Members qualified to Vote, put into a Glass, in the same manner as the Court of Directors have been hitherto Chosen; in case the said Determination by Notes or Lists shall be demanded by any Nine or more Persons qualified to Vote.

3d Paragr. The Servants to be chosen by the Ballot, within thirty Days after the Annual Ele­ction. And further, That from and after the Five and Twentieth Day of March, 1698, and so Yearly, and every Year for ever, all and every the Officers, Ministers, Agents, or Servants, Em­ployed, or to be Employed by this Corpora­tion, or by the Governor, Deputy-Governor, and Directors, or any of them in the Service of this Corporation, shall be Elected by the Court of Directors, every Year, by the Ballot, with­in Thirty Days after the General Court, for the Annual Election of Governor, Deputy-Governor, and Directors.

III. BY-LAW.
Custody of the Common Seal, and how to be used.

Item, It is Ordained, that the Seal of this Corporation shall be carefully kept under three Locks, the three Keys whereof shall be several­ly kept by such three of the Governor, Deputy-Governor, and Directors for the Time being▪ as the Court of Directors, from time to time shall Empower to keep the same. And that the said Seal shall not be affixed or set to any Paper, or Parchment, Writing, or Instrument whatsoever, but by an Order of the Court of Directors for that purpose first had and obtain­ed: And also in the Presence of three or more of the Governor, Deputy-Governor, and Dire­ctors for the Time being.

IV. BY-LAW.
Keeping the CASH.

All the Cash (except the Running Cash left in the Hands of the Cashiers) to be kept under three Locks. Item, It is Ordained, that the Cash of thi Corporation, (excepting such Sum and Sumso Money, as shall by the Committee in waiting [Page 11] subject to such Regulations as the Court of Di­rectors shall appoint, be thought necessary to be left in the Hands of One or more of the Cashiers, for Running Cash,) shall be careful­y kept under three or more Locks, the Keys whereof shall be kept by such three or more of the Governor, Deputy-Governor, and Directors, as the said Court of Directors, from time to time shall Empower to keep the same, each of the said Persons keeping one of the said Keys.

V. BY-LAW.
The Meeting and Business of Courts of Di­rectors, and their Sub-Committees.

A Court of Di­rectors to be held once a Week at least. Item, For the more easy and safe Dispatch of the Business of this Corporation, to the Honour and Benefit thereof, It is Resolved and Ordained, that a Court of Directors shall be held once in every Week at the least. And that such Court may and shall from time to time (as Occasion shall require) appoint Sub-Committees, and give all needful Directions to such Sub-Committees, concerning what Securities shall be taken for Money to be Lent, and of what Nature or Kind; and also in [Page 12] what Proportions, and touching and concern­ing all, and every other thing, and things, re­quisite No Money to be lent but what, and how, the Court of Di­rectors shall order. in that behalf. And it is hereby Or­dained, that no Money shall be Lent upon any other sort of Security, or in any other Propor­tion, or to any other Value, or otherwise dis­posed of, than what, or as, shall be from time to time, first directed by the said Court of Di­rectors. Every Sub-Committee to lay their Pro­ceedings week­ly before the Court of Di­rectors. And that every Sub-Committee shall weekly lay before the said Court of Directors, so to be held as aforesaid, an Account of what Monies are or shall be then owing by this Cor­poration under their Common Seal, and what Securities shall have been taken, or other Busi­ness Transacted or Negotiated by them, touch­ing this Corporation, during the then last pre­ceding Week.

VI. BY-LAW.
Dealings of Governor, Deputy, and Directors, with the Corporation, not to be concealed.

Item, For the Prevention of Fraud and Deceit in all and every the Transactions of this Corporation, it is Resolved and Ordained, that in all Cases whatsoever, where the Go­vernor, [Page 13] Deputy-Governor, and Directors of the Corporation, or any of them, shall have any Dealing or Business with this Corpora­tion, upon their own Account, separately or in Conjunction with any others, for or in re­spect of any Tallies, Bills of Exchange, Pawns, Pledges, or other Contract, or Bar­gain whatsoever, by, or from, to, or with this Corporation, that then and in every such Case, such Governor, Deputy-Governor, and Di­rector The Governor, Deputy, and Directors, to Publish to the Sub-Commit­tee their Deal­ings with the Corporation, and all Cir­cumstances thereof. (so having any such Business with this Corporation, in manner as aforesaid) shall at the Time of his or their Negotiating or Transacting the same, declare and Publish to the Sub-Committee for the Time being, ful­ly, fairly and clearly, such his Share and Inte­rest, whether sole or joint with others, in all and every such Affair or Business by him or them so Negotiated or Transacted, as aforesaid, and all the particular Circumstances thereof. And The Penalty. if any such Governor, Deputy-Governor, or Di­rector, shall at any time wittingly or willingly offend contrary to this Rule, Ordinance or By-Law, such Person so offending, being first ac­cused thereof in any General Court, and sum­moned to answer the same, and afterwards de­clared Guilty thereof by another General Court, [Page 14] shall immediately become, and be Deemed and Reputed to be, incapable for ever, either of holding or enjoying, or being chosen again into the said Offices of Governor, Deputy-Governor, Directors, or any of them.

VII. BY-LAW.
The Concerned in Debates to withdraw.

Item, It is Resolved and Ordained, that in all Cases, where any Question or Debate shall at any time arise or be made, touching or con­cerning any Person or Persons, (Members of this Corporation) or concerning any Matter or Thing relating to any such Person or Persons, or where­in he or they shall be concerned, such Person or Persons, touching or concerning whom such Question or Debate is, or shall be had or made, shall have or give no Vote relating thereto, but shall withdraw and be absent, during such De­bate concerning himself, or any Matter or Thing wherein he is concerned.

VIII. BY-LAW.
Borrowing on the Seal.

Governor, De­puty, and Dire­ctors not to bor­row, or owe under the com­mon Seal, any Sums exceed­ing in the whole, at one time, 1200000l. Item, It is hereby Ordained, that the Gover­nor, Deputy-Governor, and Directors, or any of them, shall not at any time hereafter, with­out the Consent and Direction of a General Court first had, wittingly or willingly borrow, owe, or give Security under the Common Seal, for any Sum or Sums of Money, exceeding in the whole, at any one Time, Twelve Hundred Thousand Pounds, or procure the borrowing, owing, or giving Security for any such further Sum or Sums of Money, by Bill, Bond, or other Covenant or Agreement, under the Com­mon Seal of this Corporation, as aforesaid; and The Penalty for so doing, or con­senting there­unto. in case the Common Seal shall be set or affixed to any Bill, Bond, or other Agreement for Mo­ney, contrary to this Ordinance or By-Law, that then each and every the Governor, Deputy-Governor, and Directors, or other Members of this Corporation, who shall Order, Procure, Consent, Agree to, or wittingly approve of the same, and be thereof lawfully Convicted, shall for every such Offence severally forfeit to [Page 16] the said Governor and Company of the Bank of England, the Sum of One Thousand Pounds of lawful English Money, and also all such further and other Sum or Sums of Money as the said Governor and Company of the Bank of England shall be damnified, for, or by reason thereof.

IX. BY-LAW.
Selling PAWNS.

Item, It is Resolved and Ordained, that all Jewels, Plate, Bullion, or other Goods, Chat­tels or Merchandizes whatsoever, which shall be Pawned unto this Corporation, or left and De­posited therewith, as Pawns, or Pledges for Mo­ney to be lent or advanced thereon, and not Redeemed at the Time agreed on, or within three Months afterwards, shall (whensoever they are sold) be sold at a publick Sale by Inch of Candle, in manner as in such Cases is usual, upon three Days Notice thereof, first given by Writing, on the Royal-Exchange, or upon such other publick Notice as the Court of Directors shall think fit. And that no Sale of any such Goods, Chattels or Merchandizes (not Redeem­ed [Page 17] as aforesaid) shall be had or made in any other manner.

X. BY-LAW.
For Transfers, and Registring Contracts, what to be Paid.

For Transfers. Item, It is Ordained, that upon all Transfers to be made of any Share or Interest in the Capi­tal Stock or Fund of this Corporation, the Sum of Five Shillings, and no more, shall be paid by the Party Transferring to, and for the Use of the Corporation, for, and towards the bearing and defraying the Charge of Books, Accomp­tants, Law-Duty, and other like Expences. And that upon every Promise, Contract, Bar­gain, For Registring Contracts. Covenant or Agreement to be made for the Buying or Selling of any Share or Interest, in the Capital Stock or Fund of this Corpo­ration, or for Transferring the Property there­of in Trust, or otherwise, which shall be brought to be Registred in the Book or Books of the Bank, the Sum of Two Shillings, and no more, shall be paid for such Registring, (by the Party desiring to Register the same) to and for the Use of this Corporation.

XI. BY-LAW.
Against the Servants taking any Rewards.

Item, It is Ordained, that no Officer, Ser­vant, or other Person whatsoever Employed, or which shall hereafter be Employed by this Cor­poration, for or about any Business of the same, shall presume directly or indirectly to receive or take any Fee, Gratuity, or Reward of any sort, kind, or quality whatsoever, for the doing or dispatching, or the not doing or delaying, any Business or Affair belonging to this Corpora­tion, or for any other Reason or Colour, or upon any account relating to his or their respective Employment, or otherwise concerning this Cor­poration howsoever, from any Person or Per­sons whatsoever, other than only from this Cor­poration, or by Order thereof, or of the Court The Penalty. of Directors. And that if any Person or Persons Employed or to be Employed, as aforesaid, shall offend contrary to this Ordinance or By-Law, such Person shall be for ever incapable of holding, or being chosen again into such his, their, or any other Employment, in or under this Corporation.

XII. BY-LAW.
General Courts, for Dividends, half Yearly.

Item, It is Ordained, that twice in every Year a General Court shall be called and held, for considering the general State and Condition of this Corporation, and for the making of Dividends, out of all and singular the Produce and Profit of the Capital Stock and Fund of this Corporation, and the Trade thereof; amongst the several Owners and Proprietors therein, according to their several Shares and Proportions: The one of which said Courts shall be held on some Day between the Tenth and Twenty-Fifth Day of September, and the other on some Day between the Tenth and Twenty-Fifth Day of March, Yearly.

XIII. BY-LAW.
Yearly Recompences to the Governor, Deputy-Governor, and Directors.

Item, It is Ordained, that the same Recom­pences to the Governor, Deputy-Governor, [Page 20] and Twenty Four-Directors, which (Pursuan to an Order of the General Court held the Twenty-Sixth of April, 1695) were Presented them for the Year 1696, be Yearly continued to them respectively, until further Order of the General Court shall be made therein.

XIV. BY-LAW.
Taking and Reading the Minutes of Courts.

Item, It is Ordained, that the Minutes of al Debates, Orders, Resolutions and Transacti­ons, had, made and agreed on, at every Ge­neral Court and Court of Directors, shal hereafter be taken and written down by the Secretary, or the Person Chosen and Sworn to be his Assistant, in a Book to be kept for that Purpose; and that before any such Courts shall be Adjourned or Dismissed, the Minutes of that Court shall be Read over Audibly, by the Secretary, or by such his Assistant, as afore▪said.

FINIS.

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