The Labrador Boundary


Privy Council Documents


Volume I
Contents




[2 July, 1821.]

43 G. 3, c. 138.

His Majesty may make Grants for exclusive Trade with Indians in certain Parts of North America.

For what Periods such Grants may be made.

Reservation of Rents.

Persons to whom such Grants made, to enter into Security,

for the Purposes herein mentioned.

Such Grants not to interfere with Trade of United States Westward of the Stony Mountains.

Proviso.

43 G. 3. 138, extended to Territories granted to Hudson's Bay Company.

Courts of Judicature established in Upper Canada to take Cognizance of Causes in Indian Territories.

Actions relating to Lands not within Upper Canada decided according to Law of England.

Proceeding of Courts issued as heretofore.

Justices of Peace authorized by Governor, &c. to act as Commissioners for executing Process, &c.

Persons residing in Indian Territories refusing to obey Process.

Committed and conveyed to Upper Canada.

Costs.

Proviso for Recognizance.

Such Recognizance may be assigned,

notwithstanding Charter to Hudson's Bay Company.

Appointment by His Majesty of Justices of Peace to determine Causes.

Effect of such Decree, &c.


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C


No. 33.

ACT 1-2 GEO. IV., CAP. 66, 1821 (IMPERIAL).

An Act for regulating the Fur Trade, and establishing a Criminal and     Civil Jurisdiction within certain Parts of North America.
    [2d July 1821.]

    "WHEREAS the Competition in the Fur Trade between the Governor and company of Adventures 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, in a State of continued 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 Trade: And Whereas Doubts have been entertained, whether the Provisions of an Act passed in the Forty third Year of the Reign of His late Majesty King George the third, 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 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 further extended:" Be it therefore enacted by The King's Most Excellent 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 Licence, 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

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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 Licences; any thing 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 Successors, 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 Twenty one 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 Twenty one Years; and from and after the Expiration of such first Period of Twenty one 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 and 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 Adventures 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 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 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

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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 Two Powers, for the Term of Ten 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 Forty third Year of the Reign of His late Majesty, 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 ever 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 Court, Magistrates or Justices of the Peace, and be tried in the same Manner and subject to the same Consequences, in all

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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

p. 203

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 Commissioner, with Two 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 all 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 have 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 prove 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 any thing contained in any Charter ranted 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 convenient so to do, to issue a Commission 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 Three 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 Subpoenas 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

[1927lab]



 

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