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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 • 5 6 ANNO PRIMO & SECUNDO GEORGII IV. REGIS. «««««*««««»«»««4|»«»*««»»4|l»«»»**»*»«««*»«»'((«*»*»««»««» C A P. LXVI. An Act for regulating the Fur Trade, and establish- ing a Criminal and Civil Jurisdiction within certain Parts of North America, [2d July 1 82 1 . ] WHEREAS the Competition in the Fur Trade between the Governor and Company of Adventurers ot England trading into Hudson's Bay, and certain Associations of Persons trading under the Name of "The North-west Company oi Montreal,** has been found for some Years past to be productive (rf* great Incon- venience 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 Yeais 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 o^ 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 Pro- perty, 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 Oifences, and that His Majesty should be empowered to regnlate th,e sai.d Trade : An4 whereas Doubts have been entertaiojed, whether the Provisions of an 7 E Act 570 43G.3.C.138. Empowering His Majesty to make Grants for the exclusive Tratle to cer- tain Fiirls of Nortli Ame- rica. P&2°GEORGII IV. Cap.66. Act passed in the Forty-third Year of the Reign of His late Majesty King George the Third, intituled An Actjor extending the Jurisdiction qf the Courts qf Justice in the Provinces «?/' Lower and Upper Canada, to the lYial and Punishment qf Persons guilti/ (fj' Crimes and Offences •within certain Parts o/" 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 further extended : Be it therefore enacted by the Kind's most Excellent Majesty, by and with the Ad- vice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and liy 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 Cii rants or give His Royal Licence, under the Hand and Seal of One of His Majesty's Principal Secretaries of State, to any Body Ccrporato, 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 speci- fied in my such Grants or Licences r, spi ctively, not being Part of the Lands or Territories heretoibre 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 oi' America ; and ail 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 oi North America (except as herein-afler 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 notwith- standing. IL Provided always, and be it further enacted, That no such Grant or Licence, made or given by His Majesty, His Heirs or Sue cessors, 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 afler the Expira^ tion 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 or Successors, shall, at the Time of Payment of any such Rent being made, be applied and accounted for. Persons to IH. And be it further enacted, That from and afber the pass- Grants'^rhall ^"8 o^ this Act, the Governor and Company of Adventurers trad- be made, to ^"6 ^o Hudson's Bay, and every Body Corporate and Company and enter into Pcrsou to whom every such Grant or Licence shall be m&de or Security. given as aforesaid, shall respectively keep accurate Registers of Q all Limiting the Periods for which such Grants may be made. 571 1° & 2° GEORGII IV. Cap.66. all Persons in their Employ in any Parts of N&rth Americat and shall, once in each Year, return to His Majesty's Secretaries of vStatc, 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 Cu». tody, for Purpose of Trial, of all Persons in their Employ or acting under their Authority, who shall be charged with any Crimintu 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 Ma- jesty and the United States of America, it was stipulated and agreed, that any Country on the North-west Coast of America, to the West- ward 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 Tndians in such Parts of North America as aforesaid, to claim or exercise any such exclusive Trade within theLimits 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 43G.3.c.i38. the Forty-third Year of the Reign of His late Majesty, intituled extended to An Act/or extending the Jurisdiction of the Courts of Justices in the ^^^ ^ranted Prouiwce* o/' Lower anrf Upper Canada, to the Trial and Punishment to th&MuA- qf Persons guilty of Crimes and Offences within certain Parts o/'North son's Bay America adjoining to the said Provinces, and all the Clauses and Pro- Company. visoes 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. Such Grant of ezcUisive Trade not to interfere with Citizens of the United States beyond the Stony Mountains. 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 Cog- nizance of Suits, as in the issuing Process, mesne and final, and in sdl other Courts of Judicature established in Upper Canada to take Cogni* lance of 572 Ciinsc's in Iiuliivii Ter- ritories. Actions relat- ing to Lands lint within the Province of Upper Canada to be decided ac- fordiinf to the Law of Engliuid. Prooeedings of Courts to be issued in the same Manner as heretofore. r&2'^GKORGII IV. Cap.6a otiicr RespeclH whatsoever, within the said Indian Territocieti. and othec l'»irt» of America not within the Limits of cither 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 Froviiiccs of Lourr or Upper Canada respectively ; and that ail and every ('ontract. Agreement, Deht, Liabihty, and Demand whatsoever, made, entered into, incurred, or arising within the said Indian Territories and other Parts of America^ and p.U and every Wrong and Injury to the Person or to Property, Real or Personal, committed or done witliin 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 sub- ject 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 Par- liament, or Grant or Charter, to the contrary notwithstanding : Pro- vided always, tliat 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 LaMvs of the Legislature of Upper Canada. VIL And be it further enacted. That all Process, Writs, Orders, Judgments, Decrees, and Acts whatsoever, to be issued, made, de- livered, 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 afore- said, as the same now have within the said Province of Upper' Canada. • Peace. Appointment VIIL And be it further enacted. That it shall be lawful for the .of.iiisiices oi Governor or Lieutenant Governor or Person administering the Government lor the Time being of Lower Canada, by Commission under his Hand and Seal, to autiiorize 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, foe 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 Terri- tories, or such other Parts of Jlwieracfl as aforesaid, shall refuse to obey or perforiu, 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 lawfui for tit® said Justices of the Peace or Commis- »iionei?s, and they or any of them are and is hereby required, on the same being proved befbce him, by the Oath or Affidavit of One ere- dibbe Witness, to commijt the said Person or Persona so ofiending as a^oNsaid to Custody, in order to his or their being conveyed to Upjier 1 Canada ; 1 cS.2"GEORGJI IV. Cap.()G. 573 faudda ; and that it shall be hiw/iil fbi- any such Justice of the Peace or Commissioner, or any Person or Persons acting under his Authority, to convey or cause to he convoyed such Person or Persons sootfending as aforesaid to Upper Cauada, in pinsuance of such Process, Writ, Order, Decree, ,Jud<^ment, or Act, and such Person and Persons shall beconnnitted to Gaol by the said Court, on his, her, or their bein^ so brou<»ht into the said Province of UpperCanada, by which such Process, Writ, Order, Decree, Judgment, or Act was issued, niiide, deliv»>red, given, or done, until a final Judgment or Decree shall have been })ro. nounced in such Suit, and shall have been duly performed, and all Costs j)aid, in case such Person or Persons shall be a Party or Parties in such Suit, or until the 'JVial of such Suit shall have been concluded, in case such Person or Persons shall be a Witness or Witnesses therein : Pro- vided always, that if any Person or Persons so apprehended as aforesaid slvili enler into ;i Uond Ilccogni/ance to any such Justice of the Peace or (!!omniissioncr, with Two sufficient Sureties, to the Satisfaction of siidi .lustice of the Peace or Commissioner, or the said Courts, con- 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 anil Misdemeanors, 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 Com- mission ; any thing 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. Xn. 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 afore- said, 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 Of- fender upon any Charge or Indictment for any Felony made the Sub- ject of Capital Pmiishment, or for any Offence or passing Sentence affecting the Life of any Offender, or adjudge or cause any Offender to sirffer 'Capital Punishment or Transportation, or take Cc^izance of or try any Civil Action or Suit, in which the Cause of such Suit oi' Action shall exceed in Value thf Amount or Sum of Two hundred Pounds ; and in every case of any Offence subjecting the Person com- mitting 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 snail be iM'ought, sliall commit such Offender to safe Custody, and cause such Offender to be sent in sudh Custody for Trial in the Court of the Province of Upper Canada. XIII. And l-&2''GEORGII IV. Cap.Gf). 575 XIII. And be it further enacted, That all Jiidgmunts given in any Allowing ui Civil Suit shall be subject to Appeal to His Majesty in Council, in App««l. 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 Act not to shall be taken or construed to affect any Right, Privilege, Authority, •""•