perior kinds from Germany and France. Even till nearly the close of the century the porcelain of China was still in common use on the tables of the wealthy, as the home manufacture, generally speaking, had not established its reputation. The improvement of the earthenware manufacture originated with Mr. Wedgwood, who carried it to great perfection. He availed himself of the services of artists and men of taste; and by this association of the manufacture with the fine arts it has been still further improved. In the five years from 1831 to 1835, the declared value of earthen manufactures exported gradually rose from 461,090/. in 1831 to 540,4217. in 1835. The value of the exports to the United States of North America in 1835 was 246,2201. The number of pieces of earthenware exported and the real value of the same for the last four years were as under: £. | aise, aisement, ease) is defined by the old law writers as a service or convenience which one neighbour hath of another by charter or prescription without profit; as a way through his ground, a sink, or the like. It includes rights of common, ways, water-courses, antient lights, and various other franchises, issuing out of corporeal hereditaments, and sometimes, though inaccurately, the term is applied to rights of common. At the common law these rights (which can only be created and transferred by deed) might be claimed either under an immemorial custom or by prescription; but twenty years' uninterrupted and unexplained enjoyment of an easement formerly constituted sufficient evidence for a jury to presume that it originated in a grant by deed; except in the city of London, where the presumption of a grant from twenty years' possession of windows was excluded by the custom which required that there should exist "some written instrument or record of an agreement." Nonuser during the same period was also considered an extinguishment of the right, as raising a presumption that it had been released. By the statute 2nd & 3rd William IV. cap. 71, several important alterations have been made with regard to this description United States of North America 168,873 of property: forty years' enjoyment of Brazil 38,976 35,152 34,445 28,891 any way or other easement, or any watercourse, and twenty years' uninterrupted access and use of any light to and for any dwelling-house," &c., now constitute an indefeasible title in the occupier, unless 26,155 he enjoys "by some consent or agreement 24,645 expressly given or made for that purpose 18,024 by deed or writing." The same statute also 17,201 enacts that nonuser for the like number of years (according to the description of the particular right) shall preclude a litigating party from establishing his claim to it. 15,946 14,414 12,434 11,421 11,198 The easements of the English correspond to the Servitutes of the Roman and the Servitudes of the French law. (Code Civil, liv. ii. tit. 4, Des Servitudes ou Services Fonciers.) The earthenware manufacture in France is far inferior to that of England. (M'Gregor's Statistics.) In the United States The Roman Servitutes comprehended of North America, the number of pot- those rights which a man had in the proteries in 1840 was 659; but no earthen-perty of another, and in a corporeal thing. ware is exported. The subject of easements forms a large EASEMENT (from the French words | head in the Roman Law, which was so far elaborated as to form a basis on which modern decisions may repose. The title De Servitutibus in the eighth book of the Digest contains the chief rules of Roman law on this subject, which have been discussed by various modern writers, as Mühlenbrach, Doctrina Pandectarum, p. 268, &c.; Savigny, Das Recht des Besitzes, p. 525, 5th ed.; Dirksen, Zeitschrift für Geschichtliche Rechtswissenschaft, vol. ii.; Puchta, Cursus der Institutionen, ii. 739, &c. EASTER INGS.] OFFERING. [OFFER EAST INDIA COMPANY. This association originated from the subscriptions, trifling in amount, of a few private individuals. It gradually became a commercial body with gigantic means, and next, by the force of unforeseen circumstances, assumed the form of a sovereign power, while those by whom it was directed continued in their individual capacities to be without power or political influence, thus presenting an anomaly without a parallel in the history of the world. The Company was first formed in London in 1599, when its capital, amounting to 30,000l., was divided into 101 shares. In 1600 the adventurers obtained a charter from the crown, under which they enjoyed certain privileges, and were formed into a corporation for fifteen years, with the title of "The Governor and Company of Merchants of London trading to the East Indies." Under this charter the management of the company's affairs was intrusted to twenty-four members of a committee chosen by the proprietors from among their own body, and this committee was renewed by election every year. The first adventure of the association was commenced in 1601. In the month of May of that year five ships, with cargoes of merchandise and bullion, sailed from Torbay to India. The result was encouraging, and between 1603 and 1613 eight other voyages were performed, all of which were highly profitable, with the exception of the one undertaken in the year 1607. In the other years the clear profits of the trade varied from 100 to 200 per cent. upon the capital employed. At this time the trading of the company was not confined to the joint stock of the corporation, but other adventurers were admitted, who subscribed the sums required to complete the lading of the ships, and received back the amount, together with their share of the profits, at the termination of every voyage. The charter of the Company was renewed for an indefinite period in 1609, subject to dissolution on the part of the government upon giving three years' notice to that effect. In 1611 the Company obtained permission from the Mogul to establish factories at Surat, Ahmedabad, Cambaya, and Goga, in consideration of which permission it agreed to pay to that sovereign an export duty upon all its shipments at the rate of 34 per cent. After 1612 subscriptions were no longer taken from individuals in aid of the joint-stock capital, which was raised to 420,000l., and in 1617-18 a new fund of 1,600,000l. was subscribed. This last capital, although managed by the same directors, was kept wholly distinct from the former stock, and the profits resulting from it were separately accounted for to the subscribers. The functions of government were first exercised by the Company in 1624, when authority was given to it by the king to punish its servants abroad either by civil or by martial law, and this authority was unlimited in extent, embracing even the power of taking life. In 1632 a third capital, amounting to 420,700l., was raised, and its management, although confided to the same directors. was also kept distinct from that of the first and second subscriptions. It is uncertain whether the capitals here severally mentioned were considered as permanent investments, or were returned to the subscribers at the termination of each different adventure. A rival association, formed in 1636, succeeded in obtaining from the king, who accepted a share in the adventure, a licence to trade with India, notwithstanding the remonstrances of the chartered body. After carrying on their trade for several years in a spirit of rivalry which was fatal to their prosperity, the two bodies united in 1650, and thenceforward carried on their operations under the title of "The United Joint-Stock." In 1652 the Company obtained from the Mogul, through the influence of a medical gentleman, Mr. Boughton, who had performed some cures at the Imperial Court, the grant of a licence for carrying on an unlimited trade throughout the province of Bengal without payment of duties. At the close of the seventeenth century the three presidencies, Bengal, Madras, and Bombay, were distinguished as they still are, but it was not until 1773 that Bengal became the seat of the supreme government. The first occasion on which the Company was brought into hostile collision with any of the native powers of India occurred in the beginning of 1664, when Sevajee, the founder of the Maharatta States, found occasion, in the prosecution of his plans, to attack the city of Surat. On this occasion the native inhabitants fled; but the members of the British factory, aided by the crews of the ships in the harbour, made a successful resistance, and forced Sevajee to retire. To show his satisfaction at the conduct of the Europeans upon this occasion, the Mogul accompanied the expression of his thanks with an extension of the trading privileges enjoyed by the Company. Another attack made upon Surat by the Maharattas in 1670 was re Some proprietors of the Company's stock, becoming dissatisfied with the management of the directors, obtained from Cromwell, in 1655, permission to send trading vessels to India, and nominated a committee of management from their own body, for which they assumed the title of "The Merchant Adventurers." The evils to both parties of this rivalship soon became apparent, and in about two years from the commencement of their operations the Merchant Adventurers threw their separate funds into the general stock under the management of the directors. On this occasion a new sub-pelled with equal success. scription was raised to the amount of 786,000l. In April, 1661, a new charter was granted to the Company, in which all its former privileges were confirmed, and the further authority was given to make peace or war with or against any princes and people "not being Christians;" and to seize all unlicensed persons (Europeans) who should be found within the limits to which its trade extended, and to send them to England. The first factory of the English was at Bantam, in Java, established in 1602. In 1612 the Mogul granted certain privileges at Surat, which was for a long time the centre of the English trade. In 1639 permission was obtained to erect a fortress at Madras. In 1652 the first footing was obtained in Bengal through the influence of Mr. Boughton, as already mentioned. In 1668 the Company obtained a further settlement on the western coast of the peninsula by the cession in its favour of the island of Bombay, made by Charles II., into whose hands it had come as part of the marriage portion of the Princess Catherine of Portugal. At the same time the Company was authorized to exercise all the powers necessary for the defence and government of the island. The right given to the Company by the charter of 1661 of seizing unlicensed persons within the limits above mentioned, and sending them to England, was exercised in a manner which, in 1666, pro duced a very serious dispute between the two houses of parliament. For several years following the junction with the Merchant Adventurers about 1657, the trade of the Company was carried on without any serious rivalry, and with considerable success. Sir Joshua Child, who was one of the directors of the Company, in his Discourses on Trade,' published in 1667, represents that trade as the most beneficial branch of English commerce, employing from twenty-five to thirty sail of the finest merchant ships in the kingdom, each manned with from sixty to one hundred seamen. In 1677-78 the whole adventure of the Company to India was 7 ships, with an investment of 352,000l. In 167879 the number of ships was 8, and the amount employed 393,950l. In 167980 there were despatched 10 ships with cargoes valued at 461,700l. In 1680-81, 11 ships, with the value of 596,000l.; and in 1681-82 there were 17 ships employed. and the investment amounted to 740,000l. ment to new adventurers, many of whom, In 1682-83 a project was set on foot acting individually, began to trade with for establishing a rival company, but it India; but a still more formidable rival failed to obtain the sanction of the go- arose in a powerful association of mervernment. As one means for discouraging chants, whose means enabled them to outsimilar attempts in future, the Company bid the old Company for the favour of ceased to give any detailed statements the government. The old Company, concerning the amount of the trade. This which had now been in existence nearly caused the public to entertain an exag- a century, was dissolved, and three years gerated opinion concerning it, and were allowed for winding up its business. tempted many private adventurers to set In 1700 the old Company obtained an the regulations of the Company at de- act which authorized them to trade under fiance. These interlopers, as they were the charter of the new Company, of which called, were seized by the Company's privilege it availed itself to the amount officers wherever they could be found, of 315,000l. The existence of two tradand under the pretext of piracy or some ing bodies led to disputes which beneother crimes, they were taken before the fited neither. In 1702 an act was passed Company's tribunals. Sentence of death for uniting them, and seven years were was passed upon several, and the Com- allowed for making preparatory arrangepany boasted much of the clemency that ments for their complete union. Before was shown in staying execution until the the expiration of these seven years variking's pleasure could be known; but they ous differences which had arisen between kept the parties meanwhile in close con- the two bodies were settled by reference finement. to Lord Godolphin, then Lord High TreaA new charter, to have effect for twenty-surer, whose award was made the basis of one years, was granted in 1693, in which the act 6 Anne, c. 17, which was the it was stipulated that the joint-stock of foundation of the privileges long enjoyed the Company, then 756,000l., should be by the Company. The united bodies raised to 1,500,000l., and that every were entitled "The United Company of year the corporation should export British Merchants of England trading to the produce and manufactures to the value of East Indies;" a title which was continued 100,000l. at least. The power of the until 1834. crown to grant the exclusive privileges given by this charter was questioned by the House of Commons, which passed a declaratory resolution to the effect "that it is the right of all Englishmen to trade to the East Indies, or any part of the world, unless prohibited by act of parliament." The House of Commons directed an inquiry to be made into the circumstances attending the renewal of the charter in 1693, when it was ascertained that it had been procured by a distribution of 90,000l. amongst some of the highest officers of state. The duke of Leeds, who was charged with receiving 50001., was impeached by the Commons; and it is said that the prorogation of parliament, which occurred immediately afterwards, was caused by the tracing of the sum of 10,000l. to a much higher quarter. The resolution of the House of Commons just recited, acted as an encourage The capital stock of the Company, which in 1708 amounted to 3,200,000l., was increased, under successive acts of parliament, as follows:-in 1786, 800,000l.; 1789, 1,000,000l.; 1794, 1,000,000l. ; making its total capital 6,000,000l.; and upon this sum dividends are now paid: the later subscriptions were made at rates considerably above par, so that the money actually paid into the Company's treasury has been 7,780,000l. The home government of the Company consists of-1st. The Court of Proprie tors; 2nd. The Court of Directors; and 3rd. The Board of Control, the origin and functions of which body will be hereafter explained. The Court of Proprietors elect the directors of the Company, declare the amount of dividend, and make bye-laws, which are binding upon the directors for the management of the Company in all respects which are not especially regu lated by act of Parliament. The votes of the proprietors are given according to the amount of stock which they possess. The lowest sum which entitles a proprietor to vote is 1000l. of stock; 3000l. stock entitles to two votes; 6000l. to three votes; and 10,000l. to four votes, which is the largest number of votes that can be given by any one proprietor. In 1825 the number of proprietors entitled to vote was 2003; in 1833 the number was 1976; and in 1843 there were 1880; of whom 44 were entitled each to four votes, 64 had each three, 333 had two votes, and 1439 had single votes. In 1773, when all owners of stock amounting to 500l. had each one vote, and none had a plurality, the number of proprietors was 2153. The Court of Directors consists of 24 proprietors elected out of the general body. The qualification for a seat in the direction is the possession of 2000l. stock. Six of the directors go out of office every year; they retire in rotation, so that the term of office for each is four years from the time of election. The directors who vacate their seats may be re-elected, and generally are so, after being out of office for one year. The chairman and deputy chairman are elected from among their own body by the directors, thirteen of whom must be present to form a court. The power of the directors is great: they appoint the governor-general of India and the governors of the several presidencies; but as these appointments are all subject to the approval of the crown, they may be said to rest virtually with the government. The directors have the absolute and uncontrolled power of recalling any of these functionaries; and in 1844 they exercised this power by recalling Lord Ellenborough, the governor-general. All subordinate appointments are made by the directors, but, as a matter of courtesy, a certain portion of this patronage is placed at the disposal of the President of the Board of Control. The Board of Control was established by the act of parliament passed in August, 1784, and which is known as Mr. Pitt's India Bill. This board was originally composed of six privy councillors, nominated by the king; and besides these, the chancellor of the exchequer and the principal secretaries of state are, by virtue of their office, members of the board. By an act passed in 1793 it is no longer necessary to select the members from among privy councillors. In practice the senior member, or president, ordinarily conducts the business, and on rare occasions only calls upon his colleagues for assistance. It is the duty of this board to superintend the territorial or political concerns of the Company; to inspect all letters passing to and from India between the directors and their servants or agents which have any connexion with territorial management or political relations; to alter or amend, or to keep back, the despatches prepared by the directors, and, in urgent cases, to transmit orders to the functionaries in India without the concurrence of the directors. In all cases where the proceedings of the directors have the concurrence of the Board of Control, the court of proprietors has no longer the right of interference. The salaries of the president and other officers of the Board, as well as the general expenses of the establishment, are defrayed by the East India Company. The act 6 Anne, c. 17, already mentioned, conferred upon the Company the exclusive privilege, as regarded English subjects, of trading to all places eastward of the Cape of Good Hope to the Straits of Magalhaens; and these privileges, with some unimportant modifications, which it is not necessary to explain, were confirmed by successive acts of parliament, and continued until 1814. By the act 53 Geo. III. c. 155, passed in 1813, the Company's charter was renewed for twenty years, but received some important modifications, the trade to the whole of the Company's territories and to India generally being thrown open to British subjects under certain regulations; the trade between the United Kingdom and China was still reserved as a monopoly in the hands of the East India Company. It was also provided by the act of 1813 that the territorial and commercial accounts of the Company should be kept and arranged so as to exhibit the receipts and expenditure of each branch distinctly from those of the other branch. |