.value; and that in the intervals of public sales the said Company may not sell ver by private contract, and at any lower price than it was set up at the last puband that the coat beaver now in the Company's hands shall be liable to the same 'rovided always, that this Act shall continue and be in force for the time of seven d from thence to the end of the next Session of Parliament and no longer.

FOR MAKING MORE EFFECTUAL PROVISION FOR THE GOVERNMENT OF THE PROVINCE OF QUEBEC IN NORTH AMERICA.*

s His Majesty, by His Royal Proclamation, bearing date the Seventh day of in the third year of his Reign, thought fit to declare the provisions which have le in respect to certain countries, territories, and islands in America, ceded to sty by the definitive Treaty of Peace concluded at Paris on the Tenth day of , one thousand seven hundred and sixty-three; and whereas by the arrangede by the said Royal Proclamation, a very large extent of country, within which e several colonies and settlements of the subjects of France, who claimed to remain nder the faith of the said Treaty, was left without any provision being made for istration of civil government therein; and certain parts of the territory of Canada, entary fisheries had been established and carried on by the subjects of France, Es of the said Province of Canada, under grants and concessions from the governeof, were annexed to the government of Newfoundland, and thereby subjected ions inconsistent with the nature of such fisheries: May it therefore please Your ellent Majesty, that it may be enacted, and be it enacted by the King's Most Majesty, by and with the advice and consent of the Lords Spiritual and Tempoommons, in this present Parliament assembled, and by the authority of the same, all the territories, islands, and countries in North America, belonging to the Great Britain, bounded on the south by a line from the Bay of Chaleurs, along nds which divide the rivers that empty themselves into the River St. Lawrence which fall into the sea, to a point in forty-five degrees northern latitude, on 1 bank of the River Connecticut, keeping the same latitude directly west, he Lake Champlain, until, in the same latitude, it meets the River St. from thence up the eastern bank of the said river to the Lake Ontario; ough the Lake Ontario and the river commonly called Niagara; and thence he eastern and south-eastern bank of Lake Erie, following the said bank until all be intersected by the northern boundary granted by the charter of the f Pennsylvania, in case the same shall be so intersected; and from thence aid northern and western boundaries of the said Province, until the said westry strike the Ohio; but in case the said bank of the said lake shall not be so intersected, then following the said bank until it shall arrive at that point bank which shall be nearest to the north-western angle of the said Province of ia; and thence, by a right line, to the said north-western angle of the said and thence along the western boundary of the said Province until it strike the ; and along the bank of the said river, westward, to the banks of the Missisorthward to the southern boundary of the territory granted to the Merchants s of England, trading to Hudson's Bay; and also all such territories, islands, ies, which have, since the tenth day of February, one thousand seven hunixty-three, been made part of the Government of Newfoundland, be, and they during His Majesty's pleasure, annexed to, and made part and parcel of the 1 Quebec as created and established by the said Royal Proclamation of the

THE CONSTITUTIONAL ACT, 1791.

AN ACT TO REPEAL CERTAIN PARTS OF AN ACT PASSED IN THE FOURTEENTH YEAR OF HIS MAJESTY'S REIGN, ENTITLED, AN ACT FOR MAKING MORE EFFECTUAL PROVISION FOR THE GOVERNMENT OF THE PROVINCE OF QUEBEC, IN NORTH AMERICA; AND TO MAKE FURTHER PROVISION FOR THE GOVERNMENT OF THE SAID PROVINCE.*

WHEREAS an Act was passed in the fourteenth year of the reign of his present Majesty, entitled "An Act for making more effectual provision for the government of the Province of Quebec, in North America: " and whereas the said Act is in many respects inapplicable to the present condition and circumstances of the said Province: and whereas it is expedient and necessary that further provision should now be made for the good government and prosperity thereof may it therefore please your most excellent Majesty that it may be enacted; and be it 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 so much of the said Act as in any manner relates to the appointment of a Council for the affairs of the said Province of Quebec, or to the power given by the said Act to the said Council, or to the major part of them, to make ordinances for the peace, welfare, and good government of the said Pro vince, with the consent of his Majesty's Governor, Lieutenant-Governor, or Commanderin-chief for the time being, shall be and the same is hereby repealed.

II. And whereas his Majesty has been pleased to signify, by his message to both Houses of Parliament, his royal intention to divide his Province of Quebec into two separate Provinces, to be called the Province of Upper Canada, and the Province of Lower Canada; be it enacted by the authority aforesaid, that there shall be within each of the said Provinces respectively, a Legislative Council, and an Assembly, to be severally composed and constituted in the manner hereinafter described; and that in each of the said Provinces respectively, his Majesty, his heirs or successors, shall have power, during the continuance of this Act, by and with the advice and consent of the Legislative Council and Assembly of such Provinces respectively, to make laws for the peace, welfare, and good government thereof, such laws not being repugnant to this Act; and that all such laws, being passed by the Legislative Council and Assembly of either of the said Provinces respectively, and assented to by his Majesty, his heirs or successors, or assented to in his Majesty's name, by such person as his Majesty, his heirs or successors, shall from time to time appoint to be the Governor, or Lieutenant-Governor of such Province, or by such person as his Majesty, his heirs or successors, shall from time to time appoint to administer the government within the same, shall be, and the same are hereby declared to be, by virtue of and under the authority of this Act, valid and binding to all intents and purposes whatever, within the Province in which the same shall have been so passed.

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

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 THE SAID PROVINCES.†

Whereas crimes and offences have been committed in the Indian Territories and other parts of America, not within the limits of the Provinces of Lower or Upper Canada, or either of them, or of the jurisdiction of any, of the Courts established in those Provinces, or within the limits of any Civil Government of the United States of

*31 George III., Cap. 31.

+ 43 Geo. III., Cap. 138. 11th August, 1803.

, and are therefore not cognizable by any jurisdiction whatever, and by reason great crimes and offences have gone and may hereafter go unpunished, and increase: For remedy whereof, may it please your Majesty that it may be and be it enacted by the King's Most Excellent Majesty, by and with the advice ent of the Lords Spiritual and Temporal, and Commons, in this present Parliasembled, and by the authority of the same, That from and after the passing of all offences committed within any of the Indian Territories, or parts of America in the limits of either of the said Provinces of Lower or Upper Canada, or of any overnment of the United States of America, shall be and be deemed to be of the same nature, and shall be tried in the same manner and subject to the ishment, as if the same had been committed within the Provinces of Lower or anada.

And be it further enacted, that it shall be lawful for the Governor or Lieutenrnor, or person administering the Government for the time being of the ProLower Canada, by Commission under his Hand and Seal, to authorize and emy person or persons, wheresoever resident or being at the time, to act as Civil tes and Justices of the Peace for any of the Indian Territories or parts of America in the limits of either of the said Provinces or of any Civil Government of the States of America, as well as within the limits of either of the said Provinces, on information taken or given within the said Provinces of Lower or Upper or out of the said Provinces in any part of the Indian Territories or parts of aforesaid, for the purpose only of hearing crimes and offences, and committing -n or persons guilty of any crime or offence to safe custody, in order to his or g conveyed to the said Province of Lower Canada, to be dealt with according to d it shall be lawful for any person or persons whatever to apprehend and take y persons so commissioned as aforesaid, or to apprehend and convey, or cause to ed with all convenient speed, to the Province of Lower Canada, any person or uilty of any crime or offence, there to be delivered into safe custody for the f being dealt with according to Law.

And be it further enacted, that every such offender may and shall be prosecuted in the Courts of the Province of Lower Canada (or if the Governor or Lieutennor, or person administering the Government for the time being, shall, from circumstances of the crime or offence, or the local situation of any of the witthe prosecution or defence, think that justice may more conveniently be ed in relation to such crime or offence in the Province of Upper Canada, and y Instrument under the Great Seal of the Province of Lower Canada, declare then that every such offender may and shall be prosecuted and tried in the he Province of Upper Canada), in which crimes or offences of the like nature tried, and where the same would have been tried if such crime or offence had itted within the limits of the Province where the same shall be tried under and every offender tried and convicted under this Act shall be liable and subpunishment as may by any Law, in force in the Province where he or she shall e inflicted for such crime or offence; and such crime and offence may and d and charged to have been committed within the jurisdiction of such Court, Court may and shall proceed to trial, judgment, and execution, or other punsuch crime or offence in the same manner in every respect as if such crime had been really committed within the jurisdiction of such Court; and it shall ful for the Judges and other Officers of the said Courts to issue subpoenas and esses for enforcing the attendance of witnesses on any such trial; and such nd other processes shall be as valid and effectual, and be in full force and cution on any parts of the Indian Territories, or other parts of America not within the limits of the Civil Government of the United States of s well as within the limits of either of the said Provinces of Lower or ada in relation to the trial of any crimes or offences by this Act made

11

pœnas or processes shall issue as aforesaid; any Act or Acts, Law or Laws, custom, usage, matter or thing to the contrary notwithstanding.

IV. Provided, always, and be it further enacted, that if any crime or offence charged and prosecuted under this Act shall be proved to have been committed by any person or persons, not being a subject or subjects of His Majesty, also within the limits of any colony, settlement, or territory belonging to any European State, the Court before which such prosecution shall be had shall forthwith acquit such person or persons not being such subject or subjects as aforesaid of such charge.

V. Provided nevertheless, that it shall and may be lawful for such court to proceed in the trial of any person, being a subject or subjects of His Majesty, who shall be charged with the same or any other offence, notwithstanding such offence shall appear to have been committed within the limits of any colony, settlement or territory belonging to any European State as aforesaid.

AN ACT

FOR REGULATING THE FUR TRADE, AND ESTABLISHING A CRIMINAL AND CIVIL JURISDICTION WITHIN CERTAIN PARTS OF NORTH AMERICA.*

Whereas the competition in the Fur Trade between the Governor and Company of Adventurers of England trading to 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, to the northward and westward of the Provinces of Upper and Lower Canada, and of the territories of the United States 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 said trade: And whereas doubts have been entertained whether the provisions of an Act past 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 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 License, 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 privilege of trading with the Indians in all such parts of North America as shall be specified in any such Grants or Licenses 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 Licenses shall be good, valid and effectual for the purpose of securing to all such bodies corporate or companies, or per

1-2 Geo. IV., Cap. 66. 2nd July, 1821.

7

sons, 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 Licenses; anything 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 License, 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 License, 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 Licenses 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.

III. And be it further enacted, that from and after the passing of this Act, 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 License 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 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 License, 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 preventions 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 License 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 License 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 in 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; anything 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