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Northerly Boundary...

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STATUTES, DOCUMENTS AND PAPERS,

BEARING ON THE DISCUSSION RESPECTING THE

NORTHERN AND WESTERN BOUNDARIES

OF THE PROVINCE OF ONTARIO.

I.

Statutes.

ACT CONFIRMING THE HUDSON'S BAY COMPANY'S CHARTER FOR SEVEN YEARS. 1690.

AN ACT FOR CONFIRMING TO THE GOVERNOR AND COMPANY TRADING TO HUDSON'S BAY THEIR PRIVILEGES AND TRADING.*

FORASMUCH as his late Majesty King Charles the Second, by his Letters Patent or Charter under the Great Seal of England, bearing date the second day of May, in the twoand-twentieth year of his reign, reciting, or taking notice, that his then Highness Prince Rupert, Christopher Duke of Albemarle, William Earl of Craven, and divers other Lords therein particularly named had, at their own great costs and charges, undertaken an expedition to Hudson's Bay, in the north-west parts of America, for the discovery of a new passage into the South Seas, and for finding some trade for furs, minerals and other considerable commodities, and that by such their undertaking they had made such discoveries whereby might probably arise much advantage to his said Majesty and this Kingdom; for which, and for other reasons and motives in the said Charter mentioned, his said late Majesty was graciously pleased thereby to incorporate, create and make the said Prince Rupert, Duke of Albemarle, Earl of Craven, and other the Lords and persons therein particularly named, and such others as should be admitted into the Society (as therein is mentioned), one body corporate and politic in deed and name, by the name of the Governor and Company of Adventurers of England trading to Hudson's Bay, and by that name to have perpetual succession, and to sue and be sued, take, purchase or grant; and by the said Letters Patent or Charter of incorporation provision was made as well for the appointment and constitution of the first and present, as well as for the choosing, appointing and admitting of all future governors, deputy governors, committees, members and officers of the said Company, and for the making of laws, constitutions and ordinances, and for the government of the said Company and trade, and otherwise, and the sole trade and commerce of all the seas, straights, bays, lakes, rivers, creeks and sounds, in whatsoever latitude they shall be, that are within the entrance of the straights commonly called Hudson's Straights, together with all the lands and the territories upon the countries, coasts and confines of the seas, bays, lakes, rivers, creeks and sounds aforesaid, which were

2 William and Mary, Cap. 15, 1st Session (Private Acts).

not then actually possessed by or granted to any of his said late Majesty's subjects, or possessed by the subjects of any other Christian prince or state, with divers and sundry privileges, liberties, jurisdictions, franchises, powers and authorities to punish offenders, to sue for and recover penalties, with other powers and authorities, matters and things, in the said Letters Patent or Charter of incorporation mentioned and expressed, were thereby granted to and invested in the same said Company and their successors for ever, in such sort, manner and form as in and by the said Charter or Letters Patent, or enrollment thereof, is mentioned and expressed, and as thereby more fully appears: And forasmuch as the said Governor and Company, at their great charges and with much difficulty and hazard, have settled and made great improvements of the trade to the said seas, straights and places aforesaid, which as now and for several years past hath been found to be useful and profitable to this Kingdom, and the navigation thereof for furs, minerals and other considerable commodities; and it appearing that the said trade cannot be carried on or managed so advantageously either to the honour or interest of this realm as in a company and with a joint stock, and it being necessary that such a Company should have sufficient and undoubted powers and authorities, privileges and liberties to manage, order and carry on the said trade, and to make by-laws, orders, rules and constitutions for the due manage ment and regulation as well of the said Company as trade, and for the punishment of offenders, and recovering of forfeitures and penalties, which cannot be so effectually done. as by authority of Parliament: Be it therefore enacted, by the King and Queen's most excellent Majesties, 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 the present Governor and Company of Adventurers of England trading into Hudson's Bay, and their successors, shall at all times from henceforth stand, continue and be a body politic and corporate in deed and name, by the name aforesaid, and according to the purport and effect of the said Letters Patent or Charter herein before mentioned, and that the said Letters Patent or Charter herein before mentioned, bearing date the said second day of May, in the two-and-twentieth year of the reign of his said late Majesty King Charles the Second, and all things therein contained, be, and by virtue of this present Act shall be from henceforth ratified, established and confirmed unto the present Governor and Company of Adventurers of England trading into Hudson's Bay, and to their successors for ever, and also that the said Governor and Company and their successors shall and may have, do, use, exercise and enjoy all and singular the liberties, privileges, powers, authorities, matters and things in the said Letters Patent or Charter mentioned to be granted to them, and also that the said Letters Patent or Charter, and all and every the liberties, franchises, immunities, privileges, jurisdictions, powers, royalties, hereditaments, matters and things whatsoever, and of what nature and kind soever thereby given, granted or demitted, or mentioned to be given, granted or demitted to the said Prince Rupert, Duke of Albemarle, Earl of Craven and other the Lords and persons therein particularly named, and thereby incorporated, and to the Governor and Company thereby created, made or erected, and to their successors, and to all governors, deputygovernors, committees and other members, officers and servants, of or upon the said Governor and Company for the time being, and their successors, or otherwise howsoever, with and under such restraints and prohibitions, and subject and liable to such forfeitures and remedies for recovering thereof, as in the said Charter are contained, shall from henceforth be good and effectual, and available in the law, and to all intents, constructions and purposes to the aforesaid new Governor and Company, and their successors for evermore, and shall and may be by the new Governor and Company and their successors from time to time for ever hereafter holden and enjoyed, and put in execution after and according to the form, words, sentences, purport, effect, and true meaning of the said Letters Patent or Charter, and that as amply, fully and largely, to all intents, constructions and purposes, as if the same Letters Patent or Charter, and the general matters and things therein mentioned, and thereby granted or mentioned to be granted, were word for word recited and set down at large in this present Act of Parliament, any law, statute, usage, custom or other matter or thing to the contrary notwithstanding. Provided always, and be it further enacted, by the authority aforesaid, that the said Governor and Company shall make at least two public sales of coat beaver in every year, and not exceeding four, and that they shall proportion the same into lots each of about 1007. stg., but not exceed

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