L] proofs and illustrations. 471 



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 aforesaid, notwith- 

 standing any thing contained in any charter granted to the said Governor 

 and Company of Adventurers of England trading to Hudson's Bay. 



" X. And be it further enacted, That it shall be lawful for his majesty, 

 if he shall deem it convenient so to do, to issue a commission or com- 

 missions 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 

 heretofore 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 shall be lawful for the court in the province 

 of Upper Canada, in any case in which it shall appear expedient to have 

 any evidence taken by commission, or any facts or issue, or any cause or 

 suit, ascertained, to issue a commission to any three or more of such jus- 

 tices to take such evidence, and return the same, or try such issue, and 

 for that purpose to hold courts, and to issue subpoenas or other processes 

 to compel attendance of plaintiffs, defendants, jurors, witnesses, and all 

 other persons requisite and essential to the execution of the several pur- 

 poses for which such commission or commissions had issued, and with 

 the like power and authority as are vested in the courts of the said 

 province of Upper 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 virtue of such commission or commissions, 

 shall be considered to be of as full effect, and enforced in like manner, as 

 if the same had been made, found, declared, or published, within the juris- 

 diction of the court of the said province ; and at the time of issuing such 

 commission or commissions shall be declared the place or places where 

 such commission is to be opened, and the courts and proceedings there- 

 under held ; . and it shall be at the same time provided how and by what 

 means the expenses of such commission, and the execution thereof, shall 

 be raised and provided for. 



" XI. And be it further enacted, That it shall be lawful for his majesty, 

 notwithstanding any thing contained in this act, or in any charter granted 

 to the said Governor and Company of Adventurers of England trading to 

 Hudson's Bay, 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 shall 

 be lawful for his majesty to order, direct, and authorize, the appointment 

 of proper officers to act in aid of such courts and justices within the juris- 

 diction assigned to such courts and justices, in any such commission ; 

 any thing in this act, or in any charter of the Governor and Company of 

 Merchant Adventurers of England trading to Hudson's Bay, to the con- 

 trary notwithstanding. 



" XII. Provided always, and be it further enacted, That such courts 

 shall be constituted, as to the number of justices to preside therein, and 

 as to such places within the said territories of the said company, or any 

 Indian territories, or other parts of North America as aforesaid, and the 

 times and manner of holding the same, as his majesty shall from time to 

 time order and direct ; but shall not try any offender upon any charge 

 or indictment for any felony made the subject of capital punishment, or 



