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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 prerention 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 siguature 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 Prorince of Upper Canada, shall hare 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 Gorernment 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 perform any such process, writ, order, judgment, decree, or act of the said courts, or shall resist or oppose the execution thereof, it shall and may be lawful for the said Justices of the Peace or Commissioners, and they or any of them are and is hereby required, on the same being proved before him, by the oath or affidavit of one credible witness, to commit the said person or persons so offending as aforesaid to custody, in order to his or their being conveyed to Upper Canada ; and that it shall be lawful for any such Justice of the Peace or Commissioner, or any person or persons acting under his authority, to convey or cause to be conveyed such person or persons so offending as aforesaid to Upper Canada, in pursuance of such process, writ, order, decree, judgment, or act, and such person and persons shall be committed to gaol by the said court, on his, her, or their being so brought into the said Province of Upper Canada, by which such process, writ, order, decree, judgment, or act was issued, made, delivered, given, or done, until a final judgment or decree shall have been pronounced in such suit, and shall have been duly performed, and all costs paid, in case such person or persons shall be a party or parties in such suit, or until the trial of such suit shall have been concluded, in case such person or persons shall be a witness or witnesses therein : provided always, that if any person or persons so apprehended as aforesaid shall enter into a bond recognizance to any such Justice of the Peace or Com. missioner, with 2 sufficient sureties, to the satisfaction of such Justice of the Peace or Commissioner, or the said courts, conditioned to obey and perform such process, writ, order, judgment, decree or act as aforesaid, then and in such case it shall and may be lawful for the said Justice of the Peace or Commissioner, or the said Courts, to discharge such person or persons out of custody.
IX. And be it further enacted, that in case such person or persons shall not perform and fulfil the condition or conditions of such recognizance, then and in such case it shall and may be lawful for any such Justice or Commissioner, and he is hereby required, to assign such recognizance to the plaintiff or plaintiffs, in any suit in which such process, writ, order, decree, judgment, or act shall bare been issued, made, delivered, given, or done, who may maintain an action in the said courts in his own name against the said sureties, and recover against such sureties the full amount of such loss or damage as such plaintiff shall prore to have been sustained by him, by reason of the original cause of action in respect of which such process, writ, order, decree, judgment, or act of the said courts were issued, made, delivered, given, or done as aforesaid, notwithstanding anything contained in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay.
X. And be it further enacted, that it shall be lawful for His Majesty, if he shall deem it conrenient so to do, to issae a Com.
mission or Commissions to any person or persons to be and act as Justices of the Peace within such parts of America as aforesaid, as well within any territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay, as within the Indian territories of such other parts of America as aforesaid ; and it shall be lawful for the Court in the Province of Upper Canada, in any case in which it shall appear expedient to have any evidence taken by Commission, or any facts or issue, or any cause or suit ascertained, to issue a Commission to any 3 or more of such Justices to take such evidence, and return the same, or try such issue, and for that purpose to hold courts, and to issue subpænas or other processes to compel attendance of plaintiffs, defendants, jurors, witnesses, and all other persons requisite and essential to the execution of the several purposes for which such Commission or Commissions had issued, and with the like power and authority as are vested in the courts of the said province of Upper Canada; and any order, verdict, judgment, or decree that shall be made, found, declared, or published by or before any court or courts held under and by virtue of such Commission or Commissions, shall be considered to be of as full effect, and enforced in like manner, as if the same had been made, found, declared or published within the jurisdiction of the Court of the said Province; and at the time of issuing such Commission or Commissions shall be declared the place or places where such Commission is to be opened, and the courts and proceedings thereunder held; and it shall be at the same time provided how and by what means the expenses of such Commission, and the execution thereof, shall be raised and provided for.
XI. And be it further enacted, that it shall be lawful for His Majesty, notwithstanding anything contained in this Act, or in any Charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, from time to time, by any Commission under the Great Seal, to authorize and empower any such persons so appointed Justices of the Peace as aforesaid, to sit and hold Courts of Record for the trial of criminal offences and misde. meanours, and also of civil causes ; and it shall be lawful for His Majesty to order, direct, and authorize the appointment of proper officers to act in aid of such Courts and Justices within the jurisdiction assigned to such Courts and Justices in any such Commission ; anything in this Act, or in any Charter of the Governor and Company of Merchant Adventurers of England trading to Hudson's Bay, to the contrary notwithstanding.
XII. Provided always, and be it further enacted, that such Courts shall be constituted, as to the number of Justices to preside therein, and as to such places within the said territories of the said Company, or any Indian territories, or other parts of North America as aforesaid, and the times and manner of holding the same, as His Majesty shall from time to time order and direct; but shall not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or for any offence or passing sentence affecting the life of any offender, or adjudge or cause any offender to suffer capital punishment or transportation, or take cognizance of a try any civil action or suit, in which the cause of such suit or action shall exceed in value the amount or sum of 2001. ; and in every case of any offence subjecting the person committing the same to capital punishment or transportation, the Court or any judge of any such court, or any Justice or Justices of the Peace, before whom any such offender shall be brought, shall commit such offender to safe custody and cause such offender to be sent in such custody for trial in the Court of the Province of Upper Canada
XIII. And be it further enacted, that all judgments given in aus civil suit shall be subject to appeal to His Majesty in Council, in like manner as in other cases in His Majesty's Province of Upper Canada, and also in any case in which the right or title to any land shall be in question.
XIV. And be it further enacted, that nothing in this Act contained shall be taken or construed to affect any right, privilege
, authority, or jurisdiction which the Governor and Company of Adventurers trading to Hudson's Bay are by law entitled to claim and exercise under their charter ; but that all such rights, privileges, authorities, and jurisdictions shall remain in as full force, virtue, and effect, as if this Act had never been made; any thing in this Act to the contrary notwithstanding.
ACT of the British Parliament, "to regulate the Trade of
British Possessions abroad."
[8 & 9 Vict. cap. 93.]
[August 4, 1845.
) WHEREAS an Act was passed in the Session of Parliament holder in the 3rd and 4th years of the reign of King William IV, [c. 52. intitutled “ An Act to regulate the Trade of the British Possessions abroad,” whereby the laws of Customs in relation to the trade of the British possessions abroad were consolidated : and whereas since the passing of the said Act divers Acts and parts of Acts for the further amendment of the law in that respect have been found necessary, and it will be of advantage to the trade and commerce of the country that the said Acts and parts of Acts should be consolidated into one Act: be it therefore enacted by the Queen's Most Excellent Majesty