We have considered the question proposed by you as to the best and
most efficient manner of appointing Justices of the Peace to Act within
the Territory newly granted to the Hudson's Bay Company, and other
Territories be==longingbelonging to them, and we are of opinion that application
should be made to Her Majesty for that purpose, as it appears to
us that Her Majesty has not only an undoubted right to appoint
such Justices, but can 
moreover confer upon them an extensive Civil and
Criminal Jurisdiction which, if appointed in any other manner, they would
not possess.
The question depends on the construction of the Acts of 43rd Geo.
3. Ch. 138 and 1st & 2nd Geo: 4 ch 66. taken in connexion with the
charters granted to the Company.—
By the first of these Acts, being "An Act for extending the
Jurisdiction" of the Courts of Justice in the Provinces" of Lower and
Upper Canada" &c, it was provided that all Crimes and offences committed
in the Indian Territories, and other parts of America not within the
limits of Lower or Upper Canada, should be tried as if committed within
the Provinces of Lower or Upper Canada, and the Governor or Lieutenant
Governor of Lower Canada was empowered by his Commission to nominate
Justices of the Peace for the Indian Territories not within the
Provinces, but such Justices to act for the purpose only of hearing
crimes and offences and committing the offenders to safe custody in
order to their being conveyed to Lower Canada to be dealt with according
to law, and such offences were to be tried in the Province of Lower
Canada or, under certain circumstances, in the Court of the Province of
Upper Canada.—

At a subsequent period, doubts appear to have arisen whether the
provisions of the Act of 43rd Geo. 3. ch 138. extended to the
Territories of the Hudson's Bay Company, and these doubts were at length
removed by the 1st & 2nd Geo: 4 ch 66, "An Act for regulating" the
Fur Trade and establishing a" Criminal and Civil Jurisdiction within"
certain parts of N. America."— The last mentioned Act expressly declared
that the clauses of the 43rd Geo 3. Ch. 138 should apply to the
Territories of the Hudson's Bay Company — The Governor or Lieutenant
Governor of Lower Canada was not deprived of his power to appoint
Justices of the Peace possessing the limited Jurisdiction before
mentioned — This power remained unrepealed, but certain powers of a
much more extensive nature were granted to His Majesty.— By the
10th Section of the Act 1 & 2 Geo 4. ch 66. His Majesty was empowered
to issue his Commission from time to time to any persons to act as
Justices of the Peace within any of the Territories before mentioned, and
and by the
by the 11th Section he was further empowered by Commission
under the Great Seal to authorize the persons so appointed
by him Justices of the Peace, to hold Courts of Record for the
trial of Criminal Offences and misdemeanours, and also of Civil causes,
and by the 12th Section, it was provided that such Courts should be
constituted as to the number of Justices and as to the places within
which they were to have Jurisdiction, as His Majesty should from time to
time direct, the only restriction imposed being that they should not
interfere in Capital cases, nor in any Civil Case where the amount
in issue exceeded £200. The Justices of the Peace appointed by the Crown
under this Act have also certain important duties assigned them for
facilitating the administration of Justice, which those appointed by the
Governor of Lower Canada would not be com==petentcompetent to discharge.—
The powers which the last mentioned Act conferred on the Crown, are
not, as it seems to us, in any manner affected by the recent Grant of
Van Couvers Island to the Hudson's Bay Company — That Grant expressly
recites both the Acts of Parliament, and thereby virtually continues
them with respect to the new Grant — We are of opinion, however, that
even if there had been no such recitals, all the powers given to the
Crown by the Act of 1st and 2nd Geo: 4. ch 66, would have still
continued in full force and operation and that nothing but
most express and unambiguous words to that effect could prevent
their being exercised.—
It is not necessary therefore to apply to the Governor of
Lower Canada to appoint Justices of the Peace, and it would not be
desirable to do so, as their powers would be of a very limited
character.— We would recommend an application to the Government at Home
for the nomination of such Justices and for a Commission or Commissions
under the Great Seal empowering them to hold Courts, according to the
terms of the 10th 11th and 12th sections of the above mentioned
Act of 1st & 2nd Geo 4. Ch 66.—