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Proclamation by His Excellency, James Douglas, Governor and Commander-in-Chief of Her Majesty's Colony… British Columbia. Governor (1858-1864 : Douglas) 1858

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By His Excellency, JAMES DOUGLAS, Governor and Commander-in-Chief
of Her Majesty's Colony of British Columbia and its Dependencies,
TI7HERE AS, by an Act of Parliament made and passed in the session of Parliament
held in the 21st and 22nd years of the Reign of Her Majesty Queen Victoria, Chapter
XCIX, intituled "An Act to Provide for the Government of British Columbia," the limits
of the said Colony were defined, and Her Majesty was authorized to invest the Governor
thereof with such powers as in the said Act of Parliament are mentioned;
And whereas by a Commission under the Great Seal of the United Kingdom of Great
Britain and Ireland, Her Majesty has been pleased to appoint JAMES DOUGLAS to be
Governor of British Columbia; And the said Governor is required by the said Commission, amongst other things, formally to proclaim the said Act within the said Colony
of British Columbia.
Therefore I, James Douglas, Governor of the said Colony, now proclaim and publish
the said Act for the information and guidance of Her Majesty's subjects, and others
whom it may concern, as follows: ANNO VICESIMO PRIMO ET VICESIMO SECXJNDO
Victor8e Regin^.
An Act to provide for the Government
of British Columbia.
[2d August, 1858.]
WHEREAS, 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 Worth America, commonly knowu by the Designation of New
Caledon la, and from and after the passing of this Act to be nam ed British
Columbia, and the Islands adjacent, for Mining and other purposes;
and it is desirable to make some temporary Provison 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:
I. British Columbia shall, for the purposes of this Act, be held
Boundaries   of  British to comprise all such Territories within the Dominions of Her Majesty
Columbia. 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 Orders to
Her Majesty by Order in be by Her from Time to Time made, with the Advice of Her Privy
SZSSSMci1' to make ordain, and establish, and (subject to such Con-
for the Government of Her dltl0ns or Restrictions as to Her shall seem meet) to authorize and
Majesty's    Subjects   and empower such Ofiicer as She may from Time to Time appoint as
others in British Columbia Governor of British Columbia, to make Provison 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
Her Majesty may establish as aforesaid, to constitute or to authorize and empower such Officer
rsh0CoiLm^aatUre in Brit"t0 C0Bstitute 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 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 pi   Certain g^^™^
King George the Third, intituled "An Act for extending the Juris-^ c/66'aB regardsBritish
diction of the Courts of Justice in the Provinces of Lower and Upper Columbia repealed.
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 Court 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 tleemed 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 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 convenient 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*foresaid; and it was further enacted, that
it should be lawful for His Majesty from fi-me 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
Majesty to order, direct, and authorize the Appointment of proper
Ofiicers 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 Transportation, 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 Columbia
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 Provisons 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.
Appeal from Judgments     y. Provided always, That all Judgments given in any Civil Suit
CoundLSUltS t0 the PnVy in Irtish Columbia shall be subject to Appeal to Her Majesty in
Council, in the Manner and Subject to the Regulations in and subject
to which Appeals are now brought from the Civil Courts of Canada,
and to such further or other Regulations as Her Majesty, with the
Advice of Her Privy Council, shall from Time to Time appoint.
Vancouver's island, as at    VI. No part of the Colony of Vancouver's Island, as at present
present established, not to established, shall be comprised within British Columbia for the
Coiumbiaded iU BdtiSh PurPose of tllis Act; fent {t slia11 be lawful for Her Majesty, Her
Heirs and Successors, on receving at any Time during the Continuance of this Act a joint Address from the Two Houses of the
Legislature of Vancouver's Island, 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 &e fixed in such Order, the Provisions of this Act shall
, be held to apply to Vancouver's Island.
Governor," yjl  In ^ Construction of this Act the term "Governor" shall
mean the Person for the Time being lawfully administering the
Government of British Columbia.
until1Decembe? VlsT 1862°       VIIL   ™S Act Sha11 COntiPue in  forCe  Until tlie Thirty-first Day
Expkationof Act not to af- of December One Thousand eight hundred and sixty-two, and thence-
feet Boundaries, &c. forth to the End of the then next Session of Parliament: Provided
always, that the Expiration of this Act shall not affect the Boundaries
hereby defined, or the Right of Appeal hereby given, or any Act
done or Right or Title acquired under or by virtue of this Act, nor
shall the Expiration of this Act revive the Acts or Parts of Acts
hereby repealed.
And I do further proclaim and publish that the said recited Act
shall take effect within the said Colony of British Columbia from
the date hereof.
Issued under the Public Seal of the said Colony, at Fort
Langley, this nineteenth day of Novemer, 1858, in the Twenty-second
year of Her Majesty's Reign, by me,
JAMES DOUGLAS,        (       S
Governor.^ l. s. V


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