1October 1993 2 3 4 RUPERT'S LAND ACT, 1868 5 6 31-32 Victoria, Chapter 105 7 8 (This Act was repealed by the Statute Law Revision Act, 1893, 9 56-57 Vict., c. 14.). 10 11 =============================== 12 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. 109 =========================