1	          October 1993
     2	
     3	
     4	                     RUPERT'S LAND ACT, 1868
     5	
     6	                   31-32 Victoria, Chapter 105
     7	
     8	(This Act was repealed by the Statute Law Revision Act, 1893,
     9	56-57 Vict., c. 14.).
    10	
    11	                 ===============================
    12	<+An Act for enabling Her Majesty to accept a surrender upon
    13	terms of the lands, privileges, and rights of "The Governor and
    14	Company of Adventurers of England trading into Hudson's Bay," and
    15	for admitting the same into the Dominion of Canada.+>
    16	
    17	                                             [31st July, 1868.]
    18	
    19	     Whereas by certain Letters Patent granted by His late
    20	Majesty King Charles the Second in the Twenty-second Year of His
    21	Reign, certain Persons therein named were incorporated by the
    22	Name of "The Governor and Company of Adventurers of England
    23	trading into Hudson's Bay," and certain Lands and Territories,
    24	Rights of Government, and other Rights, Privileges, Liberties,
    25	Franchises, Powers, and Authorities, were thereby granted or
    26	purported to be granted to the said Governor and Company in His
    27	Majesty's Dominions in North America.
    28	
    29	     And whereas by the British North America Act, 1867, it was
    30	(amongst other things) enacted that is should be lawful for Her
    31	Majesty, by and with the advice of Her Majesty's most Honourable
    32	Privy Council, on Address from the Houses of the Parliament of
    33	Canada, to admit Rupert's Land and the North-Western Territory,
    34	or either of them, into the Union on such Terms and Conditions as
    35	are in the Address expressed and as Her Majesty thinks fit to
    36	approve, subject to the provisions of the said Act:
    37	
    38	     And whereas for the Purpose of carrying into effect the
    39	Provisions of the said British North to America Act, 1867, and of
    40	admitting Rupert's Land into the said Dominion as aforesaid upon
    41	such Terms as Her Majesty thinks fit to approve, it is expedient
    42	that the said Lands, Territories, Rights, Privileges, Liberties,
    43	Franchises, Powers, and Authorities, so far as the same have been
    44	lawfully granted to the said Company, should be surrendered to
    45	Her Majesty, Her Heirs and Successors, upon such Terms and
    46	Conditions as may be agreed upon by and between Her Majesty and
    47	the said Governor and Company as hereinafter mentioned:
    48	
    49	     Be it therefore enacted by the Queen's most Excellent
    50	Majesty, by and with the Advice and Consent of the Lords
    51	Spiritual and Temporal, and Commons, in this present Parliament
    52	assembled, and by the Authority of the same, as follows: --
    53	
    54	     1. This Act may be cited as Rupert's Land Act, 1868.
    55	
    56	     2. For the Purposes of this Act the Term "Rupert's Land"
    57	shall include the whole of the Lands and Territories held or
    58	claimed to be held by the said Governor and Company.
    59	
    60	     3. It shall be competent for the said Governor and Company
    61	to surrender to Her Majesty, and for Her Majesty by any
    62	Instrument under Her Sign Manual and Signet to accept a Surrender
    63	of all or any of the Lands, Territories, Rights, Privileges,
    64	Liberties, Franchises, Powers, and Authorities whatsoever granted
    65	or purported to be granted by the said Letters Patent to the said
    66	Governor and Company within Rupert's Land, upon such Terms and
    67	Conditions as shall be agreed upon by and between Her Majesty and
    68	the said Governor and Company; provided, however, that such
    69	Surrender shall not be accepted by Her Majesty until the Terms
    70	and Conditions upon which Rupert's Land shall be admitted into
    71	the said Dominion of Canada shall have been approved of by Her
    72	Majesty, and embodied in an Address to Her Majesty from both the
    73	Houses of the Parliament of Canada in pursuance of the One
    74	hundred and forty-sixth section of the British North America Act,
    75	1867; and that the said Surrender and Acceptance thereof shall be
    76	null and void unless within a Month from the Date of Such
    77	Acceptance Her Majesty does by Order in Council under the
    78	Provisions of the said last recited Act admit Rupert's Land into
    79	the said Dominion; provided further, that no Charge shall be
    80	imposed by such Terms upon the Consolidation Fund of the United
    81	Kingdom.
    82	
    83	     4. Upon the Acceptance by Her Majesty of such Surrender all
    84	Rights of Government and Proprietary Rights, and all other
    85	Privileges, Liberties, Franchises, Powers, and Authorities
    86	whatsoever, granted or purported to be granted by the said
    87	Letters Patent to the said Governor and Company within Rupert's
    88	Land, and which shall have been so surrendered, shall be
    89	absolutely extinguished; provided that nothing herein contained
    90	shall prevent the said Governor and Company from continuing to
    91	carry on in Rupert's Land or elsewhere Trade and Commerce.
    92	
    93	     5. It shall be competent to Her Majesty by any such Order or
    94	Orders in Council as aforesaid, on Address from the Houses of the
    95	Parliament of Canada to declare that Rupert's Land shall, from a
    96	Date to be therein mentioned, be admitted into and become Part of
    97	the Dominion of Canada; and thereupon it shall be lawful for the
    98	Parliament of Canada from the Date aforesaid to make, ordain, and
    99	establish within the Land and Territory so admitted as aforesaid
   100	all such Laws, Institutions, and Ordinances, and to constitute
   101	such Courts and Officers, as may be necessary for the Peace,
   102	Order, and good Government of Her Majesty's Subjects and others
   103	therein: Provided that, until otherwise enacted by the said
   104	Parliament of Canada, all the Powers, Authorities, and
   105	Jurisdiction of the several Courts of Justice now established in
   106	Rupert's Land, and of the several Officers thereof, and of all
   107	Magistrates and Justices now acting within the said Limits, shall
   108	continue in full force and effect therein.
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