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 the 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, anything 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 to lands 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 authorise 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 or 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 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 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 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 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 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 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 authorise and empower any such persons so appointed Justices of the Peace as aforesaid, to sit and hold Courts of Records for the trial of criminal offences and misdemeanors, and also for civil causes; and it shall be lawful for His Majesty to order, direct and authorise 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 the 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 or try any civil action or suit, in which the cause of such suit or action shall exceed in value the amount or sum of two hundred pounds; 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 any 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; anything in this Act to the contrary notwithstanding.

THE UNION ACT, 1840.

AN ACT TO RE-UNITE THE PROVINCES OF UPPER AND LOWER CANADA, AND FOR THE GOVERNMENT OF CANADA.*

WHEREAS it is necessary that provision be made for the good Government of the Provinces of Upper Canada and Lower Canada, in such manner as may secure the right and liberties and promote the interests of all classes of Her Majesty's subjects within the same; And whereas to this end it is expedient that the said Provinces be re-united and form one Province for the purposes of Executive Government and legislation; Be it enacted by the Queen'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 it shall be lawful for Her Majesty, with the advice of Her Privy Council, to declare, or to authorize the Governor-General of the two Provinces of Upper and Lower Canada to declare, by Proclamation, that the said Provinces, upon, from, and after a certain day in such Proclamation to be appointed, which day shall be within fifteen calendar months next after the passing of this Act, shall form and be one Province, under the name of the Province of Canada, and thenceforth the said Provinces shall constitute and be one Province, under the name aforesaid, upon, from, and after the day so appointed as aforesaid.

[The other sections omitted as not affecting the question.]

THE BRITISH NORTH AMERICA ACT, 1867.

AN ACT FOR THE UNION OF CANADA, NOVA SCOTIA, AND New Brunswick, and THE GOVERNMENT THEREOF; AND FOR PURPOSES CONNECTED THEREWITH,†

WHEREAS the Provinces of Canada, Nova Scotia and New Brunswick have expressed their desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom:

And whereas such a Union would conduce to the welfare of the Provinces and promote the interests of the British Empire:

And whereas on the establishment of the Union by authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the nature of the Executive Government therein be declared:

TREATY OF ST. GERMAIN, 1632.

11

And whereas it is expedient that provision be made for the eventual admission into the Union of other Parts of British North America:

Be it therefore enacted and declared by the Queen'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, as follows:

I. This Act may be cited as

66

The British North America Act, 1867."

II. The provisions of this Act referring to Her Majesty the Queen extend also to the heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.

III. It shall be lawful for the Queen by and with the Advice of Her Majesty's Most Honourable Privy Council, to declare by Proclamation that, on and after a day therein. appointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia and New Brunswick, shall form and be One Dominion under the name of Canada; and on and after that day those three Provinces shall form and be One Dominion under that name accordingly.

IV. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the day appointed for the Union taking effect in the Queen's Proclamation; and in the same provisions, unless it is otherwise expressed or implied, the name Canada shall be taken to mean Canada as constituted under this Act.

V. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.

VI. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec.

[The remaining sections omitted as not affecting the question.]

II.

Treaties, Conventions, &c.

TREATY OF ST. GERMAIN, 1632.

TREATY BETWEEN LOUIS XIII., KING OF FRANCE, AND CHARLES I., KING OF ENGLAND MADE AT ST. GERMAIN-EN-LAYE, THE 29TH OF MARCH, 1632.

(Extract.)

III. On the part of the King of Great Britain, the said Ambassador,* in virtue of the powers with which he is vested, and which shall be inserted at the end of these presents, has promised and promises in the name of his said Majesty to give up and restore (rendre et restituer) all the places occupied in New France, Acadia, and Canada, by the subjects of the King of Great Britain, by whom these places shall be restored; and to this end the said Ambassador shall deliver at the time of the signature of these presents to the Commissioners of His Most Christian Majesty, in due form, the authority which he received from the King of Great Britain for the restitution of the said places, together with the orders of his said Majesty to all those who had command in Fort Royal, the

Sir Isaac Wake.

Fort of Quebec and Cape Breton, for the restoration of the said places and forts to be given up into the hands of those whom it may please His Most Christian Majesty to appoint, eight days after these orders shall have been notified to those who command or may then command; the said time of eight days being given to them to remove from those places and forts their arms, baggage, merchandise or money, utensils, and generally everything that belongs to them; to whom and to all who are in the said places, the term of three weeks, after the expiration of the eight days, is given, that they may during that time, or sooner if possible, retire to their vessels with their arms, munitions, baggage or money, utensils, merchandise, furs, and generally everything that belongs to them, for the purpose of going thence to England without remaining longer in the said countries. And as it is necessary for the English to send to those places to fetch their people and take them back to England, it is agreed that General de Caën shall pay the necessary expenses of equipping a vessel of two hundred tons, or two hundred and fifty tons' burthen, which the English shall send to those places; that is to say, the cost of chartering a vessel for the passage to and fro, the provisions of the sailors who work the vessel as well as of those who being on land are to be taken away, the wages of the men, and generally all that is necessary for the equipage of a vessel of the said tonnage for such a voyage, according to the usages and customs of England; and besides for the merchandise remaining unsold in the hands of the English, satisfaction shall be given, according to the cost in England, with thirty per cent. of profit, in consideration of the risk of the sea and port charges.

TREATY OF BREDA, 1667.
(Extract.)

Art. X. The before mentioned seigneur, King of Great Britain, shall restore and give up to the above-named seigneur, the Most Christian King, or to those who shall be charged and authorised on his part, sealed in proper form with the Great Seal of France, the country called Acadia, situated in North America, of which the Most Christian King was previously in enjoyment.

TREATY OF NIMEGUEN, 1678.

ARTICLES OF PEACE BETWEEN THE EMPEROR AND THE FRENCH KING, CONCLUDED AND SIGNED AT NIMEGUEN, THE 3RD OF DECEMBER, 1678.

(Extract.)

Their Imperial and Most Christian Majesties, retaining a grateful sense of the offices and continual endeavours the Most Serene King of Great Britain hath used to restore a general peace and public tranquillity, it is mutually agreed between the parties that he with his kingdom be included in this treaty, after the best and most effectual manner that may be.

Art I. That there be a Christian, universal, true and sincere peace and friendship between their Imperial and Most Christian Majesties, their heirs and successors, kingdoms and provinces, as also between all and every the confederates of his said Imperial Majesty, more particularly the electors, princes and states of the empire, comprehended in this peace, their heirs and successors on the one part, and all and every of the confederates of his said Most Christian Majesty, comprehended in this peace, their heirs and successors on the other; which said peace and friendship shall be so sincerely observed and improved that each party shall promote the honour, advantage, and interest of the other. And there shall be so perpetual an oblivion and amnesty of all hostilities committed on each side since the beginning of the present troubles, that neither party shall, upon that or any other account or pretence, give or cause to be given hereafter to the other any trouble, directly or indirectly, under colour of law or way of fact, within or without the empire,