121 858

Kee. March 260, 1596,

ANNO VICESIMO-PRIMO & VICESIMO-SECUNDO

VICTORIA REGINÆ.

CAP. XCIX.

An Act to provide for the Government of British Columbia.

[2nd August, 1858.]

W

HEREAS divers of Her Majesty's Subjects and others have, by the Licence and Consent of Her Majesty, resorted to and settled on certain wild and unoccupied Territories on the North-west Coast of North America, commonly known by the Designation of New Caledonia, and from and after the passing of this Act to be named British Columbia, and the İslands adjacent, for Mining and other Purposes; and it is desirable to make some temporary Provision for the Civil Government of such Territories, until permanent Settlements shall be thereupon established, and the Number of Colonists increased: 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:

Columbia.

I. British Columbia shall, for the Purposes of this Act, be Boundaries of held to comprise all such Territories within the Dominions of British Her Majesty as are bounded to the South by the Frontier of the United States of America, to the East by the main Chain of the Rocky Mountains, to the North by Simpson's River and the Finlay Branch of the Peace River, and to the West by the Pacific Ocean, and shall include Queen Charlotte's Island, and all other Islands adjacent to the said Territories, except as hereinafter excepted.

II. It shall be lawful for Her Majesty, by any Order or Her Majesty Orders to be by Her from Time to Time made, with the Advice by Order in Council may of Her Privy Council, to make, ordain, and establish, and make or pro(subject to such Conditions or Restrictions as to Her shall seem vide for the meet) to authorize and empower such Officer as She may from making of

Laws for the

Government of Her Majesty's Subjects and

others in British Columbia.

Her Majesty may establish a local Legislature in British Columbia.

*Sic.

Certain Pro

visions of 43 G. 3, c. 138, and 1 & 2 G. 4, c. 66, as re

gards British

Columbia repealed.

Government of British Columbia.

Time to Time appoint as Governor of British Columbia, to make Provision for the Administration of Justice therein, and generally to make, ordain, and establish all such Laws, Institutions, and Ordinances as may be necessary for the Peace, Order, and good Government of Her Majesty's Subjects and others therein; provided that all such Orders in Council, and all Laws and Ordinances so to be made as aforesaid, shall be laid before both Houses of Parliament as soon as conveniently may be after the making and Enactment thereof respectively.

III. Provided always, That it shall be lawful for Her Majesty, so soon as She may deem it convenient, by any such Order in Council as aforesaid, to constitute or to authorize and empower such Officer to constitute a Legislature to make Laws for the Peace, Order, and good Government of British Columbia, such Legislature to consist of the Governor and a Council, or Council and Assembly, to be composed of such and so many Persons, and to be appointed or elected in such Manner and in* for such Periods, and subject to such Regulations, as to Her Majesty may seem expedient.

IV. And whereas an Act was passed in the Forty-third Year of King George the Third, intituled An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper Canada to the Trial and Punishment of Persons guilty of Crimes and Offences within certain Parts of North America adjoining to the said Provinces: And whereas by an Act passed in the Second Year of King George the Fourth, intituled, An Act for regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction within certain Parts of North America, it was enacted, that from and after the passing of that Act the Courts of Judicature then existing or which might be thereafter established in the Province of Upper Canada should have the same Civil Jurisdiction, Power, and Authority, within the Indian Territories and other Parts of America not within the Limits of either of the Provinces of Lower or Upper Canada or of any Civil Government of the United States, as the said Courts had or were invested with within the Limits of the said Provinces of Lower or Upper Canada respectively, and that every Contract, Agreement, Debt, Liability, and Demand made, entered into, incurred, or arising within the said Indian Territories and other Parts of America, and every Wrong and Injury to the Person or to Property committed or done within the same, should be and be deemed to be. of the same Nature, and be cognizable and be tried in the same Manner, and subject to the same Consequences in all respects, as if the same had been made, entered into, incurred, arisen, committed, or done within the said Province of Upper Canada ; and in the same Act are contained Provisions for giving Force,

Authority,

Government of British Columbia.

Authority, and Effect within the said Indian Territories and
other Parts of America to the Process and Acts of the said
Courts of Upper Canada; and it was thereby also enacted, that
it should be lawful for His Majesty, if He should deem it con-
venient so to do, to issue a Commission or Commissions to
any Person or Persons to be and act as Justices of the Peace
within such Parts of America as aforesaid, as well within any
Territories theretofore granted to the Company of Adventurers
of England trading to Hudson's Bay as within the Indian
Territories of such other Parts of America as aforesaid; and it
was further enacted, that it should be lawful for His Majesty
from Time to Time by any Commission under the Great Seal
to authorize and empower any such Persons so appointed
Justices of the Peace as aforesaid to sit and hold Courts of
Record for the Trial of Criminal Offences and Misdemeanors,
and also of Civil Causes, and it should be lawful for His Ma-
jesty to order, direct, and authorize the Appointment of proper
Officers to act in aid of such Courts and Justices within the
Jurisdiction assigned to such Courts and Justices in any such
Commission, provided that such Courts should not try any
Offender upon any Charge or Indictment for any Felony made
the Subject of Capital Punishment, or for any Offence or passing
Sentence affecting the Life of any Offender, or adjudge or
cause any Offender to suffer Capital Punishment or Transpor-
tation, or take cognizance of or try any Civil Action or Suit in
which the Cause of such Suit or Action should exceed in value
the Amount or Sum of Two hundred Pounds, and in every
Case of any Offence subjecting the Person committing the same
to Capital Punishment or Transportation, the Court, or any
Judge of any such Court, or any Justice or Justices of the
Peace before whom any such Offender should be brought,
should commit such Offender to safe Custody, and cause such
Offender to be sent in such Custody for Trial in the Court of
the Province of Upper Canada :

From and after the Proclamation of this Act in British Co-
lumbia the said Act of the Forty-third Year of King George the
Third, and the said recited Provisions of the said Act of the
Second Year of King George the Fourth, and the Provisions
contained in such Act for giving Force, Authority, and Effect
within the Indian Territories and other Parts of America to the
Process and Acts of the said Courts of Upper Canada, shall
cease to have Force in and to be applicable to British Columbia.

V. Provided always, That all Judgments given in any Civil Appeal from
Suit in British Columbia shall be subject to Appeal to Her Judgments in
Majesty in Council, in the Manner and subject to the Regula- the Privy
tions in and subject to which Appeals are now brought from Council.

Civil Suits to

the

Vancouver's
Island, as
at present
established,
not to be
included in
British
Columbia.

"Governor."

Government of British Columbia.

the Civil Courts of Canada, and to such further or other Regu-
lations as Her Majesty, with the Advice of Her Privy Council,
shall from Time to Time appoint.

VI. No Part of the Colony of Vancouver's Island, as at pre-
sent established, shall be comprised within British Columbia
for the Purpose of this Act; but it shall be lawful for Her
Majesty, Her Heirs and Successors, on receiving at any Time
during the Continuance of this Act a joint Address from the
Two Houses of the Legislature of Vancouver's Istand, praying
for the Incorporation of that Island with British Columbia, by
Order to be made as aforesaid, with the Advice of Her Privy
Council, to annex the said Island to British Columbia, subject
to such Conditions and Regulations as to Her Majesty shall
seem expedient; and thereupon and from the Date of the
Publication of such Order in the said Island, or such other
Date as may be fixed in such Order, the Provisions of this Act
shall be held to apply to Vancouver's Island.

VII. In the Construction of this Act the Term "Governor "
shall mean the Person for the Time being lawfully adminis-
tering the Government of British Columbia.

Act to con-

VIII. This Act shall continue in force until the Thirty-first
tinue in force Day of December One thousand eight hundred and sixty-two,
until Dec. 31, and thenceforth to the End of the then next Session of Parlia-
Expiration of ment: Provided always, that the Expiration of this Act shall
not affect the Boundaries hereby defined, or the Right of Appeal
affect Bounda- hereby given, or any Act done or Right or Title acquired under

1862.

Act not to

ries, &c.

or by virtue of this Act, nor shall the Expiration of this Act
revive the Acts or Parts of Acts hereby repealed.

TORONTO:-Printed by S. DERBISHIRE & G. DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.