31 & 32 Victoria, c. 105 (U.K.)
An Act for enabling Her Majesty to accept a Surrender upon
Terms of the Lands, Privileges, and Rights of "The Governor and
Company of Adventurers of England trading into Hudson's Bay," and
for admitting the same into the Dominion of Canada
[Assented to 31st July, 1868.]
Recital of Charter of Hudson Bay Company
Whereas by certain Letters Patent
granted by His late Majesty King Charles the Second in the
Twenty-second Year of His Reign certain Persons therein named were
incorporated by the Name of "The Governor and Company of
Adventurers of England trading into Hudson's Bay," and certain
Lands and Territories, Rights of Government, and other Rights,
Privileges, Liberties, Franchises, Powers, and Authorities were
thereby granted or purported to be granted to the said Governor and
Company in His Majesty's Dominions in North America: And whereas by
the
British North America Act,
1867, it was (amongst other things) enacted that it should be
lawful for Her Majesty, by and with the Advice of Her Majesty's
most Honourable Privy Council, on Address from the Houses of the
Parliament of Canada, to admit Rupert's Land and the North-Western
Territory, or either of them, into the Union on such Terms and
Conditions as are in the Address expressed and as Her Majesty
thinks fit to approve, subject to the provisions of the said
Act:
Recital of Agreement of Surrender
And whereas for the Purpose of
carrying into effect the Provisions of the said British North
America Act, 1867, and of admitting Rupert's Land into the said
Dominion as aforesaid upon such Terms as Her Majesty thinks fit to
approve, it is expedient that the said Lands, Rights, Privileges,
Liberties, Franchises, Powers, and Authorities, so far as the same
have been lawfully granted to the said Company, should be
surrendered to Her Majesty, Her Heirs and Successors, upon such
Terms and Conditions as may be agreed upon by and between Her
Majesty and the said Governor and Company as hereinafter mentioned:
Be it therefore 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
Authority of the same, as follows:
1. This Act may be
cited as "Rupert's Land Act, 1868."
Definition of "Rupert's Land"
2. For the
Purposes of this Act the Term "Rupert's Land" shall include the
whole of the Lands and Territories held or claimed to be held by
the said Governor and Company.
Power to Her Majesty to accept Surrender of Lands, &c. of the
Company upon Terms
3. It shall be
competent for the said Governor and Company to surrender to Her
Majesty, and for Her Majesty by any Instrument under Her Sign
Manual and Signet to accept a Surrender of all or any of the Lands,
Rights, Privileges, Liberties, Franchises, Powers, and Authorities
whatsoever granted by the said Letters Patents to the said Governor
and Company within Rupert's Land, upon such Terms and Conditions as
shall be agreed upon by and between Her Majesty and he said
Governor and Company; provided, however, that such Surrender shall
not be accepted by Her Majesty until the Terms and Conditions upon
which Rupert's Land shall be admitted into the said Dominion of
Canada in pursuance of the One hundred and forty-sixth Section of
the British North America Act, 1867; and that the said Surrender
and Acceptance thereof shall be null and void unless within a Month
from the Date of Such Acceptance of Her Majesty does by Order in
Council under the Provisions of the said last recited Act admit
Rupert's Land into the said Dominion; provided further, that no
Charge shall be imposed by such Terms and Conditions upon the
Consolidated Fund of tyhe United Kingdom.
Extinguishment of all Rights of the Company
4. Upon the
Acceptance by Her Majesty of such Surrender all Rights of
Government, and Proprietary Rights, and all other Privileges,
Liberties, Franchises, Powers, and Authorities whatsoever, granted
or purported to be granted by the said Letters Patent to the said
Governor and Company within Rupert's Land, and which shall have
been so surrendered, shall be absolutely extinguished; provided
that nothing herein contained shall prevent the said Governor and
Company from continuing to carry on in Rupert's Land or elsewhere
Trade and Commerce.
Power to Her Majesty to admit Rupert's Land into the Dominion of
Canada
5. It shall be
competent to Her Majesty by any such Order or Orders in Council as
aforesaid, on Address from the Houses of the Parliament of Canada,
to declare that Rupert's Land shall, from a Date to be therein
mentioned, be admitted into and become Part of the Dominon of
Canada; and thereupon it shall be lawful for the Parliament of
Canada from the Date aforesaid to make, ordain, and establish
within the Land and Territory so admitted as aforesaid all such
Laws, Insitutions, and Ordinances, and to constitute such Courts
and Officers as may be necessary for the Peace, Order and good
Government of Her Majesty's Subjects and others therein;
Jurisdiction of present Courts and Officers continued
Provided that, until otherwise enacted by the said Parliament of
Canada, all the Powers, Authorities, and Jurisdiction of the
several Courts of Justice now established in Rupert's Land, and of
the several Officers thereof, and of all Magistrates and Justices
now acting within the said Limits, shall continue in full force and
effect therein.
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