IMAGE EVALUATION TEST TARGET (MT-S) II 1.0 I.I I^IM 125 US Ui 12^ ■ 40 IL25 11 1.4 12.0 1.6 (?> ^^ > / >^ ^^^.-^" V M. '^w ''/ '/ Photographic Sciences Corporation d H^ V iV s> 33 WIST MAIN STRfET WIBSTER.N.Y. 14S80 (716) 872-4503 :< )£o % CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian (nstitute for Historical IMicroreproductions / Institut Canadian de microroproductions hictoriquas c\ Technical and Bibliographic Notaa/Notaa tachniquas at bibliographiquaa Thto tothi Tha instituta haa anamptad to obtain the baat original copy availabia for filming. 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AdditionsI comments:/ Commentairea supplimentairas: Docket titis pags is bound in ■> last page in book but filmed as first page on f iche. This item is filmed at the reduction ratio checked below/ Ce document oat filmi au taux de ridurtion indiqui ci-deaaoua. IMA 14A ISX ££X aCA xK y 12X 16X aox 24X 28X 32X Tht copy filmed here ha* been reproduced thanks to the generosity of: National Library of Canada L'exemplaire film* fut reproduit grAce A la g4n6rosit6 de: BibliothAque natlonale du Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Les images suivantes ont At* reproduites avec le plus grand soin, compte tenu de la condition et de la nettetA de l'exemplaire film*, et en conformity avec les conditions du contrat de filmage. 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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 to Oi o § a. r g 5 .1. s. Tt n » S 55 5 ulatia. rimina td r* i— OQ V O S s^ -:^ hH (^ s a- ^? U a s ^ IT* Za ^ (« = • 8= s • nd establishing idiction within r 10 8 C/3 en en 10 )C 6 June 1821. A B I For regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction within certain Parts of North America. Note.— 77(e Figures in the Margin denote the number of the Folios in the written Copy. WBi ^^(tl^€2i^ the Competition in the Fur Trade between the Governor and Company of Adventurers of England trading into Preamble. Hudson's Bay, and certain Associations of persons trading under the name cf " 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 t shall be lawful for His Majesty, His Heirs or Successors, to make jjrietoNorth 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 com- pany, 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 privileges of trading with the Indians in all such parts of North America (except as is 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. Provided always, and be it further Enacted, That no such Grant or licence made cr 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 *han 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 thia Act, for the first period of years ; and from and after the expiration ot such first period of 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. And be it further Enacted, That from and after the 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 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 periodi for which fuch Grants raajr be made. Penons to whom such Grants shall be made, to enter into security. ( 3 ) 1' 10 11 12 Sueh Grant of exckiivf ^ tradp not to interfere w\t^ citizeniofthe United Statef beyond the Stony Moun* Uiini, territories included in any such Grant, as within those granted by charter to the Governor and Company of Adventurers trading to Hudsona B(Uf, and for tl>e producing or delivering into safe custody for purpose of trial, of all persons in their employ or acting under their autliority, 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 con- tained in any such grant or licence, either for diminishing or preventing the sale or distribution of spirituous liquors to the Inc^na, or for pro* naoting 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. 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 Stonif Mountains, should be free and open to the citizens aud subjects of the two Powers, for the term of ten years from the date of the big-afure of that Convention; BE it therefore Enacted, That nothing in this Act con- tained, shall be deemed or construed to authorize any body corporate, company or person, to whom His Majesty may have, under the provisions of Uiis Act, made a grant or given a licence of exclusive trade with the Indians in such parts of North America a& aforesaid, to claim or exercise any such exclusive trade within the Uaiits specified in the said article, to the prejudice or exclusion of any citizens of the said United States of America, who may be engaged b 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 jequired. And be it Declared and Enacted, That the said Act, passed in the Extending forty-third year of the reign of his late Majesty, intituled, " An Act for t'^iVS^l " extending the Jurisdiction of the Courts of Justice in the Provinces of trii?of'^r-' " Lower and Upper Canada, to the Trial and Punishment of Persons guilty SefiShf " of Crimes and Offences within certain parts of North America adjoining ciudJd in th " to the said Provinces," and all the clauses and provisoes therein cw 'aed, Bi"!-' *" * ' shall be deemed and construed, and it is and are hereby respeou ely declared, to extend to and over, and to be in full fqrce jn and through all the territories heretofore granted to tfcs 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 qhart^r to the Company, to the contrary notwithstandit^. And be it further Enacted, That from and after the the Courts of Judicature now existing, or which may be hereafter established in the provinces ot loxoer and Upper Canada or either of them, 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 oi America not within the limits of either pf the provinces of Mower or Upper Canada, or of any ciyil government of the United Slates, as the said Courts have or arp invested with within, tlie limits of the said A 3 provinces Court! of judicature, eftablished in Lower and Upper Canada to take coK> nizance of causes in indian terri- toriet. ( 4 ) FrocMding* of courts to be itiued in thf UMe minner u heretofore. Appointment ofjuiticet of peace. provinces of Lower or Upper Canada respectively ; and that all and every coutract, agreement, debt, liability and demand whatsoever, made, entered into, incurred or arising within the said Indian territories and other parts of Amerka, and all and every w-ong and injury to the person or to property real or person al, committed or done within the same, shall be and be deemed to be of the same nature, and be cognizable by the 13 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 bad been made, entered into, incurred, arisen, committed or done witliin the said provinces of Lower or Upper Canada respectively, any thing in any Act or Acts of Parliament, or grant or charter, to the contrary not- withstanding. 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 theui, 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 14 said provinces of Lower or Upper Canada respectively. And be it further Enacted, That it shall be lawful for the Governor or Lieutenant Gov3rnor 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 -vithin 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 15 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 Irtdian 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 Lamer 16 or Upper Canada ; and that it shall be lawlul 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 hmer or Upper Canada, in pursuance of such process, writ, order, decree, judgment or act, and such person and persons shall be com- mitted to gaol by the said Court, on his her or their being so brought into the said provinces of Lower or Upper Canada, by which such process, writ, order, decree, judgment or act was issued, made, delivered, given or done, until u iinitl judj^ment or decree shall have been pronounced in such suit, and shall have been duly perlormed, and all costs paid, in case such 17 ( 5 ) >3 >4 15 18 '9 20 21 iuch 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 Commissioner, with sufficient sureties, to the satisfaction of such Justice of the peace or Com- missioner, 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. And be it further Enacted, That in case such person or persons shall forauiffning not perform and fulfill the condition or conditions of such recognizance, iuuS'.'"""* 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. And be it further Enacted, That it shall be lawful for the Governors, Appointment Lieutenant Governors, or persons administering the government for the detSnV *** time being, or the Chief Justices of the provinces of Lorver Canada or •^*"'"- Upper Canada, or any or either of them, if he or they shall deem it convenient so to do, to issue a commission or commissions to any or more of such Justices of the peace, or other persons named in any such commission, to hear and determine any action, suit, plaint or cause, within any of the Indian territories, or such other parts of America as aforesaid, and for that purpose to hold courts, and to issue subpoenas or other processes to compel attendance of plaintiffs, defendants, jurors, wit- nesses and all other persons requisite and essential to the due administra- tion of justice, and the execution r ; j several purposes for whicii such com- mission or commissions had issueu, and with the like power and authority as are vested in the Courts of the said provinces of Lower Canada and Upper Canada ; and any order, verdict, judgment or decree thdt 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 con- sidered 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 Courts of either of the said provinces j and at the time of issuing such com- mission or commissions it sliall be declared by some proclamation or other instrument, under the hand or seal of the person hereby empowered and authorized to issue the same, 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. 61a. And ( fi ) AiW.ng in An(« 1>« it further Enacted, That all judsmot.ts given in any civil suit ^PP**'' »hull 1)0 sul»it(t to ap|>cal to His Majtuty in Council, in like- niunncr as in Other cases in His Majesty's provinces of Upper und Lower Canada. Art not to aHi ct rif.htt of Hinl»i'n'l Biy Com- pany. And be it further Enacted, That nothing l. this Act contained, shall Iw taken or construed to aftect any riftht. privilege, authority or jurisdiction which the (invernca' and Company of Adventurers trading to Hudson s Bay are by law entitled to claim and exercise under their Charier ; hut that all such rights, privileges, authorities and jurisdictions shall remain ill as full force virtue and effect aa il this Act had never been made, any thing in this Act to the contrary notwithstanding. 22