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twelve, and intituled : An Act for vesting in Commissioners the Estates of certain Traitors, and also the Estates of persons declared Aliens, by an Act passed in the fifty-fourth year of His Majesty's Reign, intituled: “ An Act to declare certain persons therein described Aliens, and to vest their Estates in His Majesty," and for applying the proceeds thereof towards compensating the losses which His Majesty's subjects have sustained in consequence of the late War, and for ascertaining and satisfying the lawful debts and claims thereupon, are hereby declared to have been and to be good and valid, notwithstanding any defect or supposed defect in any inquisition made by them, or any of them, or any want of authority in the said Commissioners, or any or either of them, to inquire of lands not in the district for which any such Commissioner or Commissioners was or were appointed.
Titles to lands 3. All titles to land acquired by virtue of sales or grants
made, or purporting to have jbeen made, by or under the Crown under the said Acts, authority of the Crown, as of lands of which the Crown had declared valid. become seized under and in pursuance of the provisions of the
said recited Acts, are hereby declared to have been and to be good and valid in law and equity, to all intents and purposes, and the Crown shall be held to have been legally seized of such lands, under the said Acts, at the time of such sales or grants, notwithstanding any defect or supposed defect in the carrying out of the provisions of the said recited Acts.
said recifeized under and in of lands of whichy or und
31 VICT. CAP. 42.
An Act providing for the organization of the Depart
ment of the Secretary of State of Canada, and for the management of Indian and Ordnance Lands.
. [ Assented to 22nd May, 1868.] LTER Majesty, by and with the advice and consent of the
- Senate and House of Commons of Canada, enacts as follows :
1. There shall be a department to be called “The Department of the Secretary of State of Canada," over which the Secretary of State of Canada for the time being, appointed by the Governor General by commission under the Great Seal, shall preside; and the said Secretary of State shall have the management and direction of the Department, and shall hold office during pleasure.
Tenure of office.
2. The Governor General may also appoint an “ Under tary and offi- Secretary of State," and such other officers as may be necessary
for the proper conduct of the business of the said Department, all of whom shall hold office during pleasure.
3. It shall be the duty of the Secretary of State to have General duties charge of the State correspondence, to keep all State records of Secretary. and papers not specially transferred to other Departments, and to perform such other duties as shall from time to time be assigned to him by the Governor General in Council.
4. The Secretary of State shall be the Registrar General of To be RegisCanada, and shall as such register all Instruments of Summons, trar General, Commissions, Letters Patent, Writs, and other Instruments and Documents issued under the Great Seal.
By 36 V., c. 4, the “ Minister of the Interior " is appointed Superintendent of Indian affairs and is to have the control and management of the lands and property of the Indians in Canada
—and therefore repeals section 5, which gave that power to the Secretary of State.
5. Repealed, as above stated, 36 V., c. 4.
to be under this Act.
6. All lands reserved for Indians or for any tribe, band or Indian Lands, body of Indians, or held in trust for their benefit, shall be 10; deemed to be reserved and held for the same purposes as before the passing of this Act, but subject to its provisions; and no Alienation on such lands shall be sold; alienated or leased until they have been certain condi
tions only. released or surrendered to the Crown for the purposes of this Act.
7. All moneys or securities of any kind applicable to the Moneys, secusupport or benefit of the Indians or any tribe, band or body of rities, tin
" &c., applicable Indians, and all moneys accrued or hereafter to accrue from the to Indians, to sale of any lands or of any timber on any lands reserved or be under this held in trust as aforesaid, shall, subject to the provisions of this Act, be applicable to the same purposes, and be dealt with in the same manner as they might have been applied to or dealt with before the passing of this Act.
8. No release or surrender of lands reserved for the use of Conditions on the Indians or of any tribe, band or body of Indians, or of any in individual Indian, shall be valid or binding, except on the fol- may be sur
rendered, &c. lowing conditions :
1. Such release or surrender shall be assented to by the Consent of the chief, or if there be more than one chief, by a majority of the chief or chiefs chiefs of the tribe, band or body of Indians, assembled at a
of the tribe. meeting or council of the tribe, band or body summoned for that purpose according to their rules and entitled under this Act to vote thereat, and held in the presence of the Secretary of State or of an officer dnly authorized to attend such council by the Governor in Council or by the Secretary of State: Provided Proviso: who
assent to be
that no Chief or Indian shall be entitled to vote or be present at such council, unless he habitually resides on or near the lands in question ;
For a Secretary of State” read “Minister of the Interior.”
36 V. c. 4, sec. 8. Certificate of 2. The fact that such release or surrender has been assented forwarded to
to by the chief of such tribe, or if more than one, by a majo
y une cure 01 Such Secretary of rity of the chiefs entitled to vote at such council or meeting, State.
shall be certified on oath before some Judge of a Superior, County or District Court, by the officer authorized by the Secretary of State to attend such council or meeting, and by some one of the chiefs present thereat and entitled to vote, and when so certified as aforesaid shall be transmitted to the Secretary of State by such officer, and shall be submitted to the Governor in Council for acceptance or refusal.
Pen introducing liquor at any meeting for such assent.
For “Secretary of State” read “ Minister of the Interior.” 36 V. c. 4, sec. 8.
9. It shall not be lawful to introduce at any council or meeting of Indians held for the purpose of discussing or of assenting to a release or surrender of lands, any strong or intoxicating liquors of any kind; and any person who shall introduce at such meeting, and any agent or officer employed by the Secretary of State, or by the Governor in Council, who shall introduce, allow or countenance by his presence the use of such liquors a week before, at, or a week after, any such council or meeting, shall forfeit two hundred dollars, recoverable by action in any of the Superior Courts of Law, one half of which penalty shall go to the informer.
For “ Secretary of State” read “Minister of the Interior.” 36 V. c. 4, sec. 8.
Any surrender 10. Nothing in this Act shall confirm any release or surrenotherwise in- der which would have been invalid if this Act had not been valid,not hereby confirmed. passed ; and no release or surrender of any such lands to any
party other than the Crown, shall be valid.
Governor in 11. The Governor in Council may, subject to the provisions Council to
n. of this Act, direct how, and in what manner, and by whom the direct theapplication of In- moneys arising from sales of Indian Lands, and from the prodian moneys. perty held or to be held in trust for the Indians, or from any
timber thereon, or from any other source for the benefit of Indians, shall be invested from time to time, and how the payments or assistance to which the Indians may be entitled shall be made or given, and may provide for the general management of such lands, moneys and property, and direct what percentage or proportion thereof shall be set apart from time to time, to cover the cost of and attendant upon such management under the provisions of this Act, and for the construction or repair of roads
passing through such lands, and by way of contribution to schools frequented by such Indians.
12. This Section was repealed by 37 V. c. 21 sec. 1. lated to penalty for giving and selling liquor to Indians.
13. No pawn taken of any Indian for any spirituous liquor, Pawns not to
be taken from shall be retained by the person to whom such pawn is delivered, India but the thing so pawned may be sued for and recovered, with costs of suit, by the Indian who has deposited the same, before any Court of competent jurisdiction.
14. No presents given to Indians nor any property purchased Presents, &c., or acquired with or by means of any annuities granted to In
at Im not liable for dians, or any part thereof, or otherwise howsoever, and in the possession of any tribe, band or body of Indians or of any Indian of any such tribe, band or body, shall be liable to be taken, seized or distrained for any debt, matter or cause whatsoever.
By 37 V. c. 21, sec. 2, the followiug clause is to be taken and read as part of this section.
“Nor shall the same be sold, bartered, exchanged or given by any tribe, Certain sales. band or body of Indians or any Indian of any such tribe, band or body exchanges, &c. to any person or persons other than a tribe, band or body of Indians or to be void. any Indian of any tribe ; and any such sale, barter, exchange or gift, shall be absolutely null or void, unless any such sale, barter, exchange or gift be made with the written assent of the Indian agent; and any person who may buy or otherwise acquire any presents or property purchased as
Punishment of aforesaid without the written consent of the Indian agent as aforesaid
a purchaser, &c. shall be guilty of a misdemeanor, and be punishable by fine not exceeding two hundred dollars, or by imprisonment not exceeding six months in any place of confinement other than a Penitentiary.”
15. For the purpose of determining what persons are en- What persone titled to hold, use or enjoy the lands and other immoveable pro- only shall be
deemed Inperty belonging to or appropriated to the use of the various dians. tribes, bands or bodies of Indians in Canada, the following persons and classes of persons, and none other, shall be considered as Indians belonging to the tribe, band or body of Indians interested in any such lands or immoveable property:
Firstly. All persons of Iudian blood, reputed to belong to the particular tribe, band or body of Indians interested in such lands or immoveable property, and their descendants ;
Secondly. All persons residing among such Indians, whose parents were or are, or either of them was or is, descended on either side from Indians or an Indian reputed to belong to the particular tribe, band or body of Indians interested in such lands or immoveable property, and the descerdants of all such persons; And
Thirdly. All women lawfully married to any of the persons included in the several classes hereinbefore designated; the cihldren issue of such marriages, and their descendants.
By 32-33 V. c. 6, sec. 6, this Section was amended by adding
the following Proviso : Indian women “ Provided always that any Indian woman marrying any other than an marrying Indian, shall cease to be an Indian within the meaning of this Act, nor shall
the children issue of such marriage be considered as Indians within the Indians, not to be Indians
meaning of this Act; Provided also, that any Indian woman marrying an within this Indian of any other tribe, band or body shall cease to be a member of the Act.
tribe, band or body to which she formerly belonged, and become a member of the tribe, band or body of which her husband is a member, and the children, issue of this marriage, shall belong to their father's tribe only."
bour shall be
How road la- 16. Indians and persons intermarried with Indians, residing
upon any Indian Lands, and engaged in the pursuit of agriculperformed on Indian lands. ture as their then principal means of support, shall be liable, if
so directed by the Secretary of State, or any officer or person by him thereunto authorized to perform labour on the public roads laid out or used in or through or abutting upon such Indian lands, such labour to be performed under the sole control of the said Secretary of State, officer or person, who may direct when, where and how and in what manner, the said labour shall be applied, and to what extent the same shall be imposed upon Indians or persons intermarried with Indians, who may be resident upon any of the said lands; and the said Secretary of State, officer or person shall have the like power to enforce the performance of all such labour by imprisonment or otherwise, as may be done by any power or authority under any law, rule or regulation in force in that one of the Provinces of Canada in
which such lands lie, for the non-performance of statute labour ; Proviso. But the labour to be so required of any such Indian or person
intermarried with an Indian, shall not exceed in amount or extent what may be required of other inhabitants of the same province, county or other local division, under the laws requiring and regulating such labour and the performance thereof.
For " Secretary of State” read “ Minister of the Interior."
36 V. c. 4, sec. 8. None but per- 17. No persons other than Indians and those intermarried with sons deemed Indians, shall settle, reside upon or occupy any land or road, or settle on In- allowance for roads running through any lands belonging to or
occupied by any tribe, band or body of Indians; and all mortgages or hypothecs given or consented to by any Indians or any persons intermarried with Indians, and all leases, contracts and agreements made or purporting to be made, by any Indians or any person intermarried with Indians, whereby persons other than Indians are permitted to reside upon such lands, shall be absolutely void.
Removal of 18. If any persons other than Indians or those intermarried unauthorized with Tuddin
with Indians do, without the license of the Secretary of State persons, settling on (which license, however, he may at any time revoke), settle,
reside upon or occupy any such lands, roads or allowances for provided for.
roads, the Secretary of State, or such officer or person as he may thereunto depute and authorize, shall, on complaint made