1 October 1993
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4 RUPERT'S LAND ACT, 1868
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6 31-32 Victoria, Chapter 105
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8 (This Act was repealed by the Statute Law Revision Act, 1893,
9 56-57 Vict., c. 14.).
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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.]
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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.
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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:
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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:
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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: --
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54 1. This Act may be cited as Rupert's Land Act, 1868.
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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.
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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.
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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.
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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 =========================