and for Trade

from the Indies
to Malacca, &c.

lations and Provisions in the said first recited Act contained, as to Vessels, Li-
the Size of Vessels allowed to clear out from or enter in at any cences, &c.;
Port of the United Kingdom, or as to any Licences, Certificates
or Lists required by the same Act in the Cases therein specified,
or any of the Restrictions or Provisions in the same Act, or in any
other Act contained, as to the Resort to and Residence of any
Persons in the East Indies: Provided also, that all Trade with all
Ports and Places upon the Continent of Asia, from the River Indus
to the Town of Malacca inclusive, or any Island under the Govern-
ment of the said Company lying to the North of the Equator, or
the said Company's Factory at Bencoolen, and its Dependencies,
shall remain and continue subject to all such Regulations, Pro-
visions and Restrictions, as shall from time to time be in force in
relation to Trade at any such Ports. and Places under the Au-
thority of any of the Governments of the said Company at their
several Presidencies in India.

Ships not to sail from Places where there are

Consuls, without delivering List of the Persons and Arms on board, upon

Oath.

IV. Provided also, and be it further enacted, That it shall not be lawful for any Ship or Vessel, other than the Ships of the said Company, engaged in Trade under the Authority of this Act, to clear out from any Port or Place belonging to any Prince, State or Country in Amity with His Majesty, where any Consul or Vice Consul of His Majesty shall be resident, for any Place or Places under the Government of His Majesty, or of the said Company, situate more to the Northward than Eleven Degrees of South Latitude, and between the Sixty fourth and One hundred and fiftieth Degrees of East Longitude from London, until the Master, or other Person having the Command of such Ship or Vessel, shall have made out and exhibited to His Majesty's Consul or Vice Consul resident at such Port or Place of Clearance, upon Oath (which Oath such Consul or Vice Consul is hereby authorized to administer), a true and perfect List, in such Form as shall from time to time be settled by the said Court of Directors, with the Approbation of the said Board of Commissioners, specifying and setting forth the Names, Capacities and Description of all Persons embarked, or intended to be embarked on board such Ship or Vessel, and all Arms on board, or intended to be put on board the same; and when and as soon as any such Vessel shall have been admitted to Entry at any such Port or Place as aforesaid, belonging to any Prince, State or Country in Amity with His Majesty, the Master, or other Person having the Command of such Ship or Vessel, shall, in like manner, make out and exhibit to His Majesty's Consul or Vice Consul there resident, upon Oath, (which Oath such Consul or Vice Consul is hereby authorized to administer,) a true and perfect List, in Form to be settled as aforesaid, specifying the Names, Capacities and Descriptions of all Persons on board, or who shall have been on board such Ship or Vessel, from the time of the Sailing thereof to the time of Arrival, and of all Arms on board, or which shall during that time have been on board such Ship or Vessel, and the several Times and Places at which such of the said Persons as may have diedor left such Ship or Vessel or such of the said Arms as may have been disposed of, have been so disposed of: Provided also, that every List transmitsuch Consul and Vice Consul shall, and they are hereby required to ted to Court of cause every such List, which shall be so received at such Port or Directors. Place,

The like at
Ports belonging
to Countries in
Amity.

เ

No Lascars or other Asiatic

Seamen to be takenon board without Licence, and under certain Regulations.

Governor General at Fort William to make Regulations in respect of Pro

visions, Clothing, &c. for such Lascars, &c.

How far
Cape of Good

Hope to be con

sidered within

the Charter of the said Company.

Proviso for

Place, to be transmitted with all reasonable Dispatch to the Court of Directors of the said United Company.

V. And be it further enacted, That it shall not be lawful for any Ship or Vessel engaged in any Voyage under the Authority of this Act, from any Port or Place in the East Indies, to any Port or Place belonging to any Prince, State or Country in Amity with His Majesty, and not destined to any Port in the United Kingdom, to take or have on board any Lascars, or other Asiatic Seamen: Provided always, that it shall be lawful for any of the Governments of the East India Company in India, or for any Governor or Lieutenant Governor of any Colony, Territory or Island belonging to His Majesty, within the Limits of the said Charter, and they and he are hereby required, on Application made by the Owner or Commander of any Ship or Vessel, and after having ascertained, by due Inquiry, that a sufficient Number of British Seamen cannot be procured for the Crew of any Ship or Vessel sailing from India, within Ten Days from such Application, to certify the same, and licence such Ship or Vessel to sail with such Proportion of Lascars or Asiatic Seamen as may be specified in such Certificate and Licence; and the Governor General in Council at Fort William is hereby authorized and required to make Rules and Regulations that all such Asiatic Sailors, Lascars or Natives, as aforesaid, shall be duly supplied with Provisions and Clothing, and other necessary Accommodation, while employed and while absent from the Countries or Places to which they respectively belong, and until they shall be carried back to India or any other Country or Place to which they respectively belong, and until they shall be carried back to India or any other Country or Place from which they were respectively brought, and for the Conveyance back of such Asiatic Sailors, Lascars and Natives aforesaid, within a reasonable time, to be ascertained by such Rules and Regulations; and that no Ship or Vessel so licensed to take on board Lascars or Asiatic Seamen shall be permitted to clear out from any Port or Place within the Limits of the said Company's Charter, unless and until the Owner or Captain or Master of such Ship shall have first given such Security as is directed by an Act passed in the Fifty fourth Year of His late Majesty, and subject to all the Provisions of that Act, for the Maintenance and Conveyance back to India of such Lascars or Asiatic Seamen which may be received on board of such Ship.

VI. Provided also, and be it further enacted, That His Majesty's Settlement at the Cape of Good Hope shall, as to all Trade allowed by this Act to be carried on between Ports and Places within the Limits of the Charter of the said Company, be deemed, construed and taken to be within such Limits: Provided also, that nothing herein contained as to the said Settlement being deemed, as to such Trade as aforesaid, to be within such Limits, shall extend or be construed to extend to prevent or in any manner to limit or affect any other Trade which now may or which may hereafter be allowed to be carried on between the said Settlement, and any other Countries, Ports or Places whatever.

VII. And be it further enacted, That nothing in this Act conPower of King tained shall in any way affect the Power vested in His Majesty in Council by an Act passed in the last Session of Parliament, in

in Council

under 1 G.4.

c.11.

tituled

tituled An Act to continue, until the Fifth Day of July One thousand eight hundred and twenty five, an Act of the Fifty seventh Year of His late Majesty, for regulating the Trade and Commerce to and from the Cape of Good Hope, and for regulating the Trade of the Island of Mauritius.

W

CAP. LXVI.

An Act for regulating the Fur Trade, and establishing a
Criminal and Civil Jurisdiction within certain Parts of
North America.
[2d July 1821.]
HEREAS the Competition in the Fur Trade between the
Governor and Company of Adventurers of England trad-
'ing into Hudson's Bay, and certain Associations of Persons trad-
ing under the Name of " The North West Company of Mon-
‹treal," 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 Pro-
vinces 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 ex-
tending 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 appre-
hending, 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 enter-
'tained, whether the Provisions of an Act passed in the Forty third 43 G. 3. c.138.
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 Gover-
nor 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 Suc-
cessors, to make 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 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 Licences respectively, not being Part of the Lands or Territories
heretofore granted to the said Governor and Company of Adven-
turers of England trading to Hudson's Bay, and not being Part of
1 & 2 Geo. IV.

Q

any

His Majesty
may make
Grants for

exclusive Trade
with Indians

in certain Parts
of North Ame-

rica.

For what
Periods such

made.

Rents.

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 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 Licences; any
thing 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 Licencé, made or given by His Majesty, His Heirs or Grants may be 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 Licence, or any Privileges given thereby under the ProReservation of visions 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 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 whom such Grants made, to enter into Security,

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 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 included in any such Grant, as within those granted by for the Purposes Charter to the Governor and Company of Adventurers trading to

herein men

tioned.

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 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 Pre-
vention 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

:

Such Grants
not to interfere

with Trade of
United States

Proviso.

Term of Ten Years from the Date of the Signature of that Con'vention;' 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 Westward of of exclusive Trade with the Indians in such Parts of North America the Stony as aforesaid, to claim or exercise any such exclusive Trade within Mountains. 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 Licence 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 of 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; 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.

may

43 G. 3. c.133.

extended to
Territories

granted to
Hudson's Bay
Company.

Courts of Judi

cature estab-
-lished in Upper
Canada to take

Cognizance of
Causes in In-
dian Territories.

VI. And be it further enacted, That from and after the passing of this Act, the Courts of Judicature now existing, or which 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 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; any thing in any Act or Acts of Parliament, or Grant or Charter, to the contrary notwithstanding: Provided Actions relatalways, that all such Suits and Actions relating to Lands, or to any ing to Lands Claims in respect of Land, not being within the Province of Upper Upper Canada Canada, shall be decided according to the Laws of that Part of the decided accordUnited Kingdom called England, and shall not be subject to or ing to Law of affected by any Local Acts, Statutes or Laws of the Legislature of England. Upper Canada.

not within