1868
Rupert's Land Act, 1868
31-32 Victoria, Chapter 105
(This Act was repealed by the Statute Law Revision Act, 1893,
56-57 Vict., c. 14.).
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
[31st July, 1868.]
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 is 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:
And whereas for the Purpose of carrying into effect the
Provisions of the said British North to 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, Territories, 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 the Authority of the same, as follows: --
1. This Act may be cited as Rupert's Land Act, 1868.
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.
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, Territories, Rights, 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, upon such Terms and
Conditions as shall be agreed upon by and between Her Majesty
and the 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 shall have been approved of by Her
Majesty, and embodied in an Address to Her Majesty from both the
Houses of the Parliament 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 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 upon the Consolidation Fund of the United
Kingdom.
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.
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 Dominion 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, Institutions, 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: 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.
