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such tribe, band or body to any person or persons other than a ti ibe, band or body of Indians or any Indian of any tribe; and
any such sale, barter, exchange or gift shall be absolutely null Popishment of or void unless any such sale, barter, exchange or gift be made pirchaser, &c. with the written assent of the Indian agent; and any person
who may buy or otherwise acquire any presents or property purchased as aforesaid, without the written corsent of the Indian agent as aforesaid, shall be guilty of a misdemeanour, 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.”
Manner in. 3. Upon any inquest, or upon any enquiry into any matter which Indians : &c.,
ay give involving a criminal charge, or upon the trial of any crime or evidence in offence whatsoever, or by whomsoever committed, it shall be
lawful for any Court, Judge, Stipendiary Magistrate, Coroner or Justice of the Peace to receive the evidence of any Indian or aboriginal native or native of mixed blood, who is destitute of the knowledge of God, and of any fixed and clear belief in re. ligion or in a future state of rewards and punishments, without administering the usual form of oath to any such Indian, aboriginal native or native of mixed blood as aforesaid, upon his solemn affirmation or declaration to tell the truth, the whole truth and nothing but the truth, or in such form as may be approved by such Court, Judge, Stipendiary Magistrate, Coroner or Justice of the Peace, as most binding in his conscience.
4. Provided that in the case of any inquest, or upon any inquiry into any matter involving a criminal charge, or upon the trial of any crime or offence whatsoever, the substance of the evidence or information of any such Indian, aboriginal de tive or native of mixed blood as aforesaid, shall be reduced to writing, and signed by a mark of the person giving the same and verified by the signature or mark of the person acting as interpreter (if any), and of the Judge, Stipendiary Magistrate, Coroner or Justice of the Peace or person before whom such information shall have been given.
Court to warn 5. The Court, Judge, Stipendiary Magistrate, or Justice of Indian of bis
& the Peace shall, before taking any such evidence, information liability to
or examination, caution every such Indian, aboriginal native or for false
native of mixed blood as aforesaid, that he will be liable to instatement.
cur punishment if he do not so as aforesaid tell the truth.
When written 6. The written declaration or examination made, taken and declarations
verified in manner aforesaid, of any such Indian, aboriginal of Indians may be used native or native of mixed blood as aforesaid, may be lawfully in criminal read and received as evidence upon the trial of any criminal proceedings.
suit or proceedings when, under the like circumstances, the written affidavit, exainination, deposition or confession of any person, might be lawfully read and received as evidence.
7. Every solemn affirmation or declaration in whatever form Effect of made or taken by any person as aforesaid shall be of the same declaration;
i &c., taken by force and effect, as if such person had taken an oath in the usual any person as form, and shall in like manner, incur the penalty of perjury in aforesaid. case of falsehood.
8. An Indian is hereby defined to be a person within the defi- Indian defined. nition contained in the fifteenth section of the thirty-first Victoria, chapter forty-two, as amended by the sixth section of the thirty-second and thirty-third Victoria, chapter six, and who shall participate in the annuities and interest moneys and rents of any tribe, band or body of Indians.
9-13. These sections do not relate to Ontario.
14. This Act shall be construed as one Act with the Acts Act how to be thirty-first Victoria, chapter forty-two, and thirty-second and construed. thirty-third Victoria, chapter six.
C. S. U. C. CAP. 81.
An Act to prevent Trespasses to Public and Indian
Most of the enactments contained in this Statute in regard to Indian Lands were repealed by 31 V. c. 42, (see sec. 42 of that Act.) The following sections are here printed as no: being inconsistent with 31 V. c. 42, or making any provision in any matter provided for by that Act.
20. In the following sections of this Act, the term “Indian” Term“Indian” is to be construed with reference to the consolidated Act of explained. Canada “relating to the Civilization and enfranchisement of “ certain Indians.”
The Act referred to, namely C. S. Can., c. 9, was repealed by 32, 33 V. c. 6, sec. 23.
dians not valid
21. No purchase or contract for the sale of land in Upper Purchases of Canada, which may be made of or with the Indians, or any of them, shall be valid unless made under the authority and with without the the consent of Her Majesty, attested by an Instrument under consent of the the Great Seal of the Province, or under the Privy Seal of the Governor.
Such purchase 22. If any person, without such authority and consent, purwithout con- chases or leases, in any manner or form, or upon any terms sent to be a misdemeanour, whatsoever, any lands within Upper Canada of or from the
said Indians, or any of them, or makes any contract with such Indians, or any of them, for or concerning the sale of any lands therein, or in any manner gives, sells, demises, conveys, or otherwise disposes of any such lands, or any interest therein, or offers so to do, or enters on, or takes possession of, or settles on any such lands, by pretext or colour of any right or interest in the same, in consequence of any such purchase or contract made or to be made with such Indians or any of them, unless with such authority and consent as aforesaid, every such person shall, in every such case, be deemed guilty of a misdemeanour,
and shall, on conviction thereof before any Court of competent Penalty. jurisdiction, forfeit and pay to Her Majesty, the sum of eight
hundred dollars, and be further punished by fine and imprisonment, at the discretion of the Court.
to be levied on Indians.
Taxes and as- 23. No taxes shall be levied or assessed upon any Indian sessments not or any person intermarried with any Indian for or in respect
of any of the said Indian lands, nor shall any taxes or assessments whatsoever be levied or imposed upon any Indian or any person inter-married with any Indian so long as he, or they reside on Indian lands not ceded to the Crown, or which having been so ceded have been again set apart by the Crown for the occupation of Indians.
34. If any work under the Act of Canada respecting “ Joint certain works affect
In Stock Companies to construct works to facilitate the transmisdian Landssion of timber down rivers and streams," be constructed upon providel for. or otherwise interferes with any tract of land or property be
longing to or in possession of any Tribe of Indians in this Province, or if any property belonging to them be taken, or any act done, under authority of the said Act is occasioning damage to their properties or their possessions, compensation shall be made to them therefor, in the same manner as provided with respect to the property, possession or rights of other individuals, and whenever it is necessary for Arbitrators to be chosen by the parties for settling the amount of such compensation, the Chief Officer of the Indian Department within the Province shall name an Arbitrator on behalf of the said Indians; and, where the said lands belong to any Tribe or Body of Indians the amount awarded shall be paid to the said Chief Officer, for the use of such Tribe or Body.
The amount awarded would now be paid to the ReceiverGeneral under 31 V., c. 42, sec. 25.
C. S. U. C. CAP. 128.
An Act respecting the Administration of Justice in
the Unorganized Tracts.
The following sections of this Act relate to inciting Indians.
104. Any person inciting any Indians or half-breeds fre- Persons incit
ing Indians, quenting or residing in any of the unorganized tracts of country des
country &c., to the aforesaid, to the disturbance of the public peace or to the com- commission of mission of any other indictable offence, shall be guilty of a felony, and upon conviction thereof shall be sentenced to im- punishable. prisonment for not more than five years nor less than two years in the Provincial Penitentiary.
certain offences how
105. Any person accused of inciting Indians or half-breeds Persons accusas aforesaid, or accused or convicted of any other crime or of crio
ed or convicted offence in any such Provisional District as aforesaid, may be any such procommitted to any Common Gaol in Upper Canada ; and the
tricts may be Constable or other officer having charge of such person and committed to entrusted with his conveyance to any such Common Gaol, may apy Gaol in
Upper Canada pass through any County or Counties in Upper Canada with such person in his custody, and the keeper of the Common Gaol of any County in Upper Canada in which it may be found necessary to lodge for safe keeping any such person as aforesaid so being conveyed through such County in custody as aforesaid, shall receive such person and him safely keep and detain in such Common Gaol for such period as may be reasonable or necessary, and the Keeper of any Common Gaol in Upper Canada, to which any such person may be committed as aforesaid, shall receive such person and him safely keep and detain in such Common Gaol under his custody until discharged in due course of law, or bailed in cases in which bail may by law be taken.
29 & 30 VICT. CAP. 20.
An Act to confirm the Title to Lands held in Trust
for certain of the Indians resident in this Province.
[Assented to 15th August, 1866.]
N HEREAS defects have been found to exist in respect to Preamble.
the mode of execution of Titles to certain Lands in Upper Canada, acquired by certain Tribes of Indians, or by
the Crown in trust for or on behalf of Indians or of Indian Tribes, and it is expedient to quiet and confirm such Titles : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows :
od of Indian Tarried woman before the faith or
Certain deeds 1. For and notwithstanding anything contained in any Act of lands in
of the Parliament of the late Province of Upper Canada, or of trust for Indians, con- the Parliament of the Province of Canada, heretofore made firmed, not. and passed, every Deed, Conveyance or Instrument purporting withstanding insufficient "to be a Conveyance and Transfer of Lands, in Upper Canada, execution by to any Tribe of Indians, or to the Crown in trust for or on married wo
behalt of Indians or of Indian Tribes, or now held by the Crown on any such trust from any married woman seized of or entitled to such real estate, and made and executed before the passing of this Act, by such married woman, either jointly with or without her husband, or made and executed by any person constituted and authorised by power of attorney executed by such married woman, either jointly with or without her husband, to execute such Deed, Conveyance or Instrument in her name or on her behalf, shall be taken and deemed a valid Conveyance of the Land therein mentioned, and the execution thereof shall be taken and deemed to be valid and effectual and to have passed the estate of such married woman in the said land, although such Deed, Conveyance, Instrument or Power of Attorney was not executed by such married woman in accordance with the provisions of any Law or Statute in force in Upper Canada in respect to the conveyance of real estate by married women, and although no certificate of the consent of such married woman to convey her estate in the said land, or an informal or insufficient certificate was endorsed upon such Deed, Conveyance or Instrument, whether executed by such married woman or by her Attorney, and although no certificate of such consent or an informal or insufficient certificate was endorsed upon such Power of Attorney.