The Great Company : $b being a history of the honourable company of merchants-adventurers trading into Hudson's BayWillson, Beckles
History
The Great Company : $b being a history of the honourable company of merchants-adventurers trading into Hudson's Bay
Willson, Beckles
Fur trade -- Canada; Hudson's Bay Company; Northwest, Canadian -- History
"We are of opinion that an individual holding from the Hudson's Bay
Company a lease or grant in fee simple of any part of their territory,
will be entitled to all the ordinary rights of landed property in
England, and will be entitled to prevent other persons from occupying
any part of the lands; from cutting down timber and fishing in the
adjoining waters (being such as a private right of fishing may subsist
in), and may (if he can peaceably or otherwise in due course of law)
dispossess them of any buildings which they have recently erected
within the limits of their property.
"We are of opinion that the grant of the civil and criminal
jurisdiction is valid, though it is not granted to the Company, but
to the Governor and Council at their respective establishments. We
cannot recommend, however, it to be exercised so as to affect the
lives or limbs of criminals. It is to be exercised by the Governor and
Council as judges, who are to proceed according to the laws of
England.
"The Company may appoint a sheriff to execute judgments and do his
duty as in England.
"We are of opinion that the sheriff, in case of resistance to his
authority, may collect the population to his assistance, and put arms
into the hands of his servants for defence against attack, and to
assist in enforcing the judgments of the courts; but such powers
cannot be exercised with too much circumspection.
"We are of opinion that all persons will be subject to the
jurisdiction of the court, who reside or are found within the
territories over which it extends.
"We do not think the Canada Jurisdiction Act (43 George III.) gives
jurisdiction within the territories of the Hudson's Bay Company, the
same being within the jurisdiction of their own governors and
council.[91]
"We are of opinion that the Governor (in Hudson's) might under the
authority of the Company, appoint constables and other officers for
the preservation of the peace and that the officers so appointed would
have the same duties and privileges as the same officers in England,
so far as these duties and privileges may be applicable to their
situation in the territories of the Company." This was signed by Sir
Samuel Ronully, Mr. Justice Holroyd, W. M. Cruise, J. Scarlett and
John Bell. There could be thus no question of Selkirk's right. The
Company's charter, amongst other provisions, expressly forbids all
English subjects from entering, without license or authority, upon the
territories of the Hudson's Bay Company. The Governor and Company only
are empowered to grant such authority and on them also is conferred
the right of establishing castles, fortifications, forts, garrisons,
colonies, plantations, towns and villages, in any parts or places
within the limits of their territory. They had also the right of
sending ships of war, men or ammunition, to their colonies,
fortifications or plantations, and of appointing governors, commanders
and officers over them.
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