CHAP. IV.-Mines.

Conseil des Mines.

Traitements des Fonctionnaires, Employés et Francs. Francs. Francs. Gens de Service du Conseil des Mines

II. La présente loi sera obligatoire le lendemain de sa promulgation.

MANDONS et ORDONNONS que les présentes, revêtues du sceau de l'Etat, insérées au Bulletin Officiel, soient adressées aux Cours, Tribunaux et aux Autorités Administratives, pour qu'il les observent et fassent observer comme Loi du Royaume.

Donné à Windsor, le 9 Avril, 1844.

Par le Roi:

LEOPOLD.

Le Ministre des Travaux Publics, A. DECHAMPS.

ACT of the British Parliament, "for regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction within certain parts of North America."

[1 & 2 Geo. IV, cap. 66.]

[July 2, 1821.]

WHEREAS the competition in the Fur Trade between the Governor and Company of Adventurers of England trading into Hudson's Bay, and certain associations of persons trading under the name of "The North-West Company of Montreal," has been found for some years past to be productive of great inconvenience and loss, not only to the said Company and Associations, but to the said trade in general, and also of great injury to the native Indians, and of other persons, subjects of His Majesty: and whereas the animosities and feuds, arising from such competition, have also for some years past kept the interior of America, to the northward and westward of the provinces of Upper and Lower Canada, and of the territories of the United States of America, in a state of continual disturbance: and whereas many breaches of the peace, and violence extending to the loss of lives, and considerable destruction of property, have continually occurred therein and whereas, for remedy of such evils, it is expedient and necessary that some more effectual regulations should be established for the apprehending, securing, and bringing to justice all persons committing such offences, and that His Majesty should be empowered to regulate the said trade: And whereas doubts have been entertained whether the provisions of an Act passed in the 43rd year of the reign of His late Majesty King George III, intituled " An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper Canada, to the Trial and Punishment of Persons guilty of Crimes and Offences within certain parts of North America adjoining to the said Provinces," extended to the territories granted by charter to the said Governor and Company; and it is expedient that such doubts should be removed, and that the said Act should be

66

further extended: be it therefore enacted by the King's Most Excel. lent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act, it shall be lawful for His Majesty, his heirs or successors, to make grants or give his Royal License, under the hand and seal of one of His Majesty's Principal Secretaries of State, to any body corporate, or company, or person or persons, of or for the exclusive privilege of trading with the Indians in all such parts of North America as shall be specified in any such grants or licences respectively, not being part of the lands or territories heretofore granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, and not being part of any of His Majesty's Provinces in North America, or of any lands or territories belonging to the United States of America; and all such grants and licences shall be good, valid, and effectual for the purpose of securing to all such bodies corporate, or companies, or persons, the sole and exclusive privilege of trading with the Indians in all such parts of North America (except as hereinafter excepted), as shall be specified in such grants or licenses; anything contained in any Act or Acts of Parliament, or any law to the contrary notwithstanding.

II. Provided always, and be it further enacted, that no such grant or licence, made or given by His Majesty, his heirs or successsors, of any such exclusive privileges of trading with the Indians in such parts of North America as aforesaid, shall be made or given for any longer period than 21 years; and no rent shall be required or demanded for or in respect of any such grant or licence, or any privileges given thereby under the provisions of this Act, for the first period of 21 years; and from and after the expiration of such first period of 21 years, it shall be lawful for His Majesty, his heirs or successors, to reserve such rents in any future grants or licences to be made to the same or any other parties, as shall be deemed just and reasonable, with security for the payment thereof; and such rents shall be deemed part of the land revenues of His Majesty, his heirs and successors, and be applied and accounted for as the other land revenues of His Majesty, his heirs or successors, shall, at the time of payment of any such rent being made, be applied and accounted

for.

III. And be it further enacted, that from and after the passing of this Act, the Governor and Company of Adventurers trading to Hudson's Bay, and every body corporate, and company, and person to whom every such grant or licence shall be made or given as aforesaid, shall respectively keep accurate registers of all persons in their employ in any parts of North America, and shall, once in each year, return to His Majesty's Secretaries of State, accurate duplicates of [1844-45.] 4 C

such registers, and shall also enter into such security as shall be required by His Majesty for the due execution of all processes criminal and civil, as well within the territories included in any such grant, as within those granted by charter to the Governor and Company of Adventurers trading to Hudson's Bay, and for the producing or delivering into safe custody, for purpose of trial, of all persons in their employ or acting under their authority, who shall be charged with any criminal offence, and also for the due and faithful observance of all such rules, regulations, and stipulations as shall be contained in any such grant or licence, either for diminishing or preventing the sale or distribution of spirituous liquors to the Indians, or for promoting their moral and religious improvement, or for any other object which His Majesty may deem necessary for the remedy or prevention of the other evils which have hitherto been found to exist.

IV. And whereas by a Convention entered into between His Majesty and the United States of America, it was stipulated and agreed, that any country on the north-west coast of America, to the westward of the Stony Mountains, should be free and open to the citizens and subjects of the 2 Powers, for the term of 10 years from the date of the signature of that Convention; be it therefore enacted, that nothing in this Act contained shall be deemed or construed to authorize any body corporate, company, or person, to whom His Majesty may have, under the provisions of this Act, made a grant or given a licence of exclusive trade with the Indians in such parts of North America as aforesaid, to claim or exercise any such exclusive trade within the limits specified in the said Article, to the prejudice or exclusion of any citizens of the said United States of America, who may be engaged in the said trade: provided always, that no British subject shall trade with the Indians within such limits, without such grant or licence as is by this Act required.

V. And be it declared and enacted, that the said Act passed in the 43rd year of the reign of His late Majesty, [cap. 138,] intituled "An Act for extending the Jurisdiction of the Courts of Justices in the Provinces of Lower and Upper Canada, to the Trial and Punishment of Persons guilty of Crimes and Offences within certain Parts of North America, adjoining to the said Provinces," and all the clauses and provisoes therein contained, shall be deemed and construed, and it is and are hereby respectively declared, to extend to and over, and to be in full force in and through all the territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay; any thing in any Act or Acts of Parliament, or this Act, or in any grant or charter to the company, to the contrary notwithstanding.

VI. And be it further enacted, that from and after the passing of this Act, the Courts of Judicature now existing, or which may be hereafter established in the Province of Upper Canada, shall have the

same civil jurisdiction, power, and authority, as well in the cognizance of suits, as in the issuing process, mesne and final, and in all other respects whatsoever, within the said Indian territories, and other parts of America not within the limits of either of the Provinces of Lower or Upper Canada, or of any Civil Government of The United States, as the said courts have or are invested with within the limits of the said Provinces of Lower or Upper Canada respectively; and that all and every contract, agreement, debt, liability, and demand whatsoever, made, entered into, incurred, or arising within the said Indian territories and other parts of America, and all and every wrong and injury to the person or to property, real or personal, committed or done within the same, shall be and be deemed to be of the same nature, and be cognizable by the same courts, magistrates, or justices of the peace, and be tried in the same manner, and subject to the same consequences in all respects, as if the same had been made, entered into, incurred, arisen, committed, or done within the said province of Upper Canada; any thing in any Act or Acts of Parliament, or grant or charter, to the contrary notwithstanding: provided always, that all such suits and actions relating to lands, or to any claims in respect of land, not being within the Province of Upper Canada, shall be decided according to the laws of that part of the United Kingdom called England, and shall not be subject to or affected by any Local Acts, Statutes, or Laws of the Legislature of Upper Canada.

VII. And be it further enacted, that all process, writs, orders, judgments, decrees, and acts whatsoever, to be issued, made, delivered, given, and done by or under the authority of the said courts, or either of them, shall have the same force, authority, and effect within the said Indian territory, and other parts of America as aforesaid, as the same now have within the said Province of Upper Canada.

VIII. And be it further enacted, that it shall be lawful for the Governor or Lieutenant-Governor or person administering the Government for the time being of Lower Canada, by Commission under his hand and seal, to authorize all persons who shall be appointed Justices of the Peace under the provisions of this Act, within the said Indian territories, or other parts of America as aforesaid, or any other person who shall be specially named in any such Commission, to act as a Commissioner within the same, for the purpose of executing, enforcing and carrying into effect all such process, writs, orders, judgments, decrees, and acts, which shall be issued, made, delivered, given, or done by the said Courts of Judicature, and which may require to be enforced and executed within the said Indian territories, or such other parts of North America as aforesaid; and in case any person or persons whatsoever residing or being within the said Indian territories, or such other parts of America as aforesaid, shall refuse to obey or