APPENDIX VIII A Copy of the Deeds of the Birmingham Mining and Copper Company.1 "Whereas great quantities of Copper are used in many of the manufactories of the town and neighbourhood of Birmingham, in the County of Warwick: And whereas, for various causes, incidents, and circumstances, the price of Copper hath of late been considerably advanced, to the great loss and injury of the consumers thereof; the several persons, partners thereto, being apprehensive that unless some proper and effectual steps are taken to prevent a continuance of the present high and increasing price of Copper, the same will be very detrimental to, and in a great measure destructive of the most important branches of the manufactories of the town and neighbourhood of Birmingham aforesaid: And whereas it appears to all and every the parties hereto, that nothing can so effectually prevent the price of Copper from increasing, and tend to the lowering thereof, as forming themselves into a Company, or Co-partnership, for the purpose of raising, purchasing, and smelting Copper, and other ores; and for the purpose of rendering the said Company or Co-partnership as extensively useful as possible to the manufactories of the said town and neighbourhood, dealing in whatever materials or metals are used in the Birmingham manufactories. They, the said parties hereto, have agreed to form a Company or Co-partnership for the purposes aforesaid; Now therefore know ye... that they the said parties hereto shall be and continue Joint Traders and Co-partners in the trade and business of raising, purchasing, smelting, and vending of Copper, and other ores, and of purchasing and vending such materials or metals which are used in the manufactories of Birmingham, and the neighbourhood 1 Copy of the Deeds of the B'ham Mining and Copper Coy. commencing in 1790. B'ham. Printed by M. Swinney, 1791. thereof, as shall be thought conducive to the benefit and advantage of this Co-partnership and Joint Trade; and that the said Partnership shall . . . be carried on under the name or firm of the BIRMINGHAM MINING AND COPPER COMPANY.' And also, that the said Joint Trade, or Partnership shall be carried on upon a capital of joint stock not exceeding Fifty Thousand Pounds, and that the same be divided into Five Hundred equal parts or shares, and that no Partner shall either in his own name, or in the name of a trustee, or by any other means, directly or indirectly hold more than Five of such parts or shares in the said Partnership, unless the same shall come to him, her, or them, by bequest, or by succession, or other act of law; or he, she, or they shall actually and bona fide hold the same in trust for any other person or persons, without any interest or benefit to himself, herself, or themselves, therein or therefrom, and that if any transfer, sale, or assignment shall be hereafter made by any, or either of the said Partners, his executors, administrators, or assigns, to any person or persons then holding or possessing of, or entitled unto, as many shares as shall with the shares so transferred, sold or assigned, exceed the number of five shares for each person (except by bequest, or by succession, or other act of law, or as trustee or trustees as aforesaid) that such and so many share and shares, which shall exceed the number of five shares for each person, shall sink into, and be immerged in the said Capital or Joint Stock, for the benefit of the said Partnership. And also that proper mines and mineral grounds shall be bought, or rented, by the said parties hereto, and proper buildings, works, and conveniences, shall be erected and made, and the said Trade shall be carried on in such place or places as the Committee for the time being to be appointed as hereinafter mentioned shall deem proper and expedient. And also that each of the said parties, his or her executors, administrators, and assigns, for and in respect of each share he or she shall possess in the said Joint Trade, shall and will every year, during this Co-partnership, take of and from the said Copartnership, or Joint Trade at the current and usual price, and time of credit, or at such price and time of credit, as shall be fixed by the said Committee for the time being, so much and such quantity of Copper not exceeding one ton, or of other metals, the amount whereof shall not exceed the value or price of one ton of Copper at that time, for every share such party or parties, his, her, or their executors, administrators, or assigns, shall hold in the said Joint Trade, and the Committee for the time being shall deem proper and expedient, or otherwise shall and will allow for the benefit of the said Joint Trade such commission for the sale thereof as the said Committee shall direct, not exceeding the rate of five pounds for every one hundred pounds value of such Copper or other metals, which it shall be so deemed necessary for him, her, or them to take, he, she, or they to take at each Annual General Meeting, giving as notice in writing to the Clerk of the said Co-partnership, of such his, her, or their intention of allowing the said commission to the said Company, in lieu of taking the said Copper, or other metals; and in default of such party or parties paying for such Copper, or other metals, which it shall be so deemed necessary for him, her, or them to take at the rate and time which shall be fixed upon by the Committee as aforesaid, the share or shares of such persons so making default, shall immediately be forfeited, and belong to the several other Partners. And also it is hereby agreed, that for managing the said Partnership concerns, a Committee of twenty-one of the said parties hereto, their executors, administrators, or assigns (no one of them having less than two shares in the said Joint Trade), shall be chosen by the said parties at large, their executors, administrators, or assigns, in manner following, that is to say, a list of all the Partners for the time being, who shall be qualified to be chosen on the said Committee by having two shares in the said Joint Trade as aforesaid, shall be delivered to each of the Partners present at every Annual General Meeting, who shall make crosses or marks opposite to twenty-one of the names contained in the said list, denoting the persons whom he, she, or they shall elect to be of the said Committee, and shall subscribe his, her, or their name or names, and number of shares for which, and the person or persons for whom, such person or persons is or are proxy or proxies; and that each of the said Parties shall be entitled to give as many votes in the choice of the said Committee, as he, she, or they shall have shares in the said Co-partnership." |