Message from the President of the United States, in answer to a resolution of the Senate relative to the British establishments on the Columbia, and the state of the fur trade &c.

Page 20

[ 39 ] VIII And be it further enacted, That it shall be lawful for the Go~erno~·,, or Lieu.tenant Governor, or person admini ·ter.ing the .government .0 ~ t e t . ' · of Lower Canada by commission under hts hand and ~eal, to 1mc oewg, ' . . · 1· h mder the authorize all persons who shall be a_ppomt~d JUSbc~s 0 . t e peace l t f provisions of this act, within the smd lndza n tern tones, or ?ther par ~ ~n .flmerica as aforesaid, or any other person who shal.l b.e specwlly nat;~.~ the any such commission, to act as a commiss.ion~r wtthm the same, cess urpose of executing, enforcing and carrymg mto effect .all such pro de' ~vrits orders judgments, decrees and ac~, which shall be tssued? made, . - liver~d give~1 or done by the said courts of judicature, and wh1c~ In.ay 1 e .. qul.re :o be enforced and executed within the snid Indian terntones, or suC'h other parts of North .tlmerica as aforesa1· d; an. d 1· n ca.se any p. e' ·.s on or persons wh-atsoever re iding or being within the said lndla1l terntone;, or such other paris of' .flmerica as aforesaid, shall refuse to obey o~ per orm any such process wri• t, or·der, J• U.ul gment, <.1 e cree, or ac t o f the said cfoi ul rts, C' or shall resist or 'o ppose the executi·O n t h ereo f , 1· t s l1 a ll an d rna y be lawf u h .10r the said ju5tices of the peace or commissio~1ers, and they or ar~y o t ~~ are and is hereby required, .on th~ same bemg pr.oved be~ore lum, by er­oath or affidavit of one credtble wrtness, to comm1t the said p~rso~ or P sons so offending as aforesaid to custody, in order to his or thetr b~tn~ co~f veyed to Upper Canada; and that it shall be lawful fur any such. JUStice . the peace or commissioner, or any person or persons acting under hts autht~rl­ty, to convey or cause to be conveyed such person or persons so ~ffen( mg as aforesaid to Uppe1' Canada, in pursuance of such process, wnt,. order, decree, judgment, or act; a~d such person a.nd p~rsons shall be c?mmitted ~0 jail by the said court, on Ius, her, ~r thetr bemg so bro?ght Into the said province of Upper Canada, by wh1c~1 such ~rocess, wnt, orde~, decree, judgment or uct was issued, made, delivered, g1~en or do.ne, unul a final j udg,ment or decree shall have been pronounced m such smt, and shall have been duly performed, and all costs paid, in case such person or l?ersons shall be a party or parties in such suit, or until the trial of such s~1t shall ha~e been concluded, in case such person or persons shall be a Wi tness or wit­nesses therein: Provided always, that, if any person or persons so ~pp~·e­hended as aforesaid, shall enter into a bond recognizance to any sue~ JUSt.tee of the peace or commissioner, with two sufficient sureties, to the sat1s[~ct10n of such justice of the peace or commissioner, or the said courts, comlltwned to obey and perform such process, writ, order, judgment, df!cree, .or. act. as aforesaid, then and in such case it shall and may be lawful for the sa1d JUStice of the peace or commissioner, or the said courts, to discharge such person or persons out of custody. IX. And be it further enacted, That in case such person or persons shall Hot perform aod fulf1l the condition or conditions of such reco~nizance, th~n and in such case it shall and may be lawful for any such justtce or commJs­~ ioner, and he is hereby r equired, to assign such recognizance to the plain­tiff or plaintiffs, in any suit in which such process, wnt, order, decree, judgment, or act, shall have been issued, made, delivered, given, or done, who may maintain an action in the said courts in his own name against the said sureties, and recover against such sureties the full amount of such loss or damage as such plaintiff shall prove to ha.ve been sustained by him, by rea­son of the original cause of action in respect of which such process, writ, order, decree, judgment, or act of the said courts were issued, made, deliver­ed, .given, or done as afores~id, notwithstanding any thing contained in any 33 [ 39 J cl~arter granted to the said Governor and Company of Adventurers of En­gland trading to I-Iudson's Bay. X. And be it further enacted, That it shall be lawful for his l\1ajesty , if he shall deem it convenient so to do, ro issue a com~ission or commissicm~ to any person or persons to be and act as justices of the peace within such. p arts of .!lmerica as aforesaid, as well within any territories heretofore granted to the Company of Adventurers of E'ugland trading to liudson'8 Bay, as within the i ndian territories of such other parts of Jlmerica as aforesaid; and it shall be lawful for the court in the province of TJppe1· Ca­nada, in any case in \vhich it shall appear expedient to hnve any evidence; taken by commission, or any facts or issue, or any cause or suit, ascert ainecl~ to isEJue a commission to any three or more of . uch justices to take such evi-. d ence, and return the 5ame, or try such issue, and for that purpose to hu1d courts, and to issue subpccnas or other processes to compel attendance of plaintiffs, defendants, jurors, witnesses, and all other persons requisite and essential to the execution of the several purposes for \vhich such commis­sion or commissions had issued, and with the like po~ver and authority as are vested in the courts of the said province o1 l lpper Canada; and any or­der, verdict, judgment or decree, that shall be made, found, declared or published by or before any court or courts held under and by Yirtue of such commission or commissions) shall be considered to be of as full efTL'ct, and enforced in like manner, as if the same had been made, found . decl ared or pu blished within the jurisdiction of the court of the said ProYi nee; and at the time of issuing such commission or commissions slwll be dt>c lared the place or places where such commission is to be op~ncd, nnd the courts and proceedings thereunder helrl; and it shall be at the s:-~mc time provided ho,..v· and by what means the expenses of such commission, and the execution, t hereof, shall be raised and provided for. XI. And be it further enacted, That it shall be lawful for his ~Iaj csty, uotwithstandino- any thin~ contained in this act, or in any charter granted to the said Gover~1or and Company of Adve nturers of Enp;fcold trading; to Hudson's Ba.?_;, t'rom time to time, uy any commis~ion u~1de~· the ~reat seal, to authorize and· empower any . uch persons so appotnted JUStices of the prace as aforesaid, to sit and hold courts of record for the tria] of criminal offences· and misdemeanors, and also of civi l causes; and it shall be lawful for his lVIajesty to order, direct and authorize the appointment of proper officers to' act in aid of such courts and justices within the jm·isdiction as .. igned t? such ~ourts and justices, in nny t-~uch commission; any thing in this act, or 111 a!JY ~harte r of the· Governor ancl Compa ny of l\ lerchant Adv-enturers of .En­gland trading to /Judson's Bay, to the contrary notwithstanding. X li. Provided always, and be it further enacted, 1 hat such courts shal1t be constituted, as to the number of justices lo pl1eside there in, and a.s to s:1c!t places within the said territo ri e~ of the said company? or any l ndt.an tern­tories, or other parts of North .flutn ·ica as aforesaid, ~nd the _times and manner of hold in~ the same, as his l\lajcsty shall from Lime .to .time order and direct; but shall not try any offender upon any charge or mcltctment fG.r any felony made the subject of capita] puni~hment, or ~or any offence, or passing sentence affectiPg the life of ai-ry offenJer? or adjudge or c~use any. offender to suffer capital punishrnent or transportatw·n, or tal~e cop;n1.zaiH'1: of fYr try any civil action or ~uit,. in which the cause of such smt or acl~o n ~hall e kceed in value the amout o{ sum of two hundrt d pounds; anu m every tas-e of :my ofience sul~j ecti ng the persen committ~ng tl\e samr to cupit3r 0