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WHEREAS it is expedient to amend and consolidate the
laws respecting Indians: Therefore Her Majesty, by and with the advice
and consent of the Senate and House of Commons of Canada, enacts as
Short title and extent of Act.
1. This Act shall be known and may be cited as
"The Indian Act, 1880;" and shall, subject to the exceptions herein contained, apply to all the Provinces, and to the North-West
Territories, including the District of Keewatin.
Meanings assigned to terms in this Act.
2. The following terms contained in this Act
shall be held to have the meaning hereinafter assigned to them, unless
such meaning be repugnant to the subject or inconsistent with the
1. The term "band" means any tribe, band or body of
Indians who own or are interested in a reserve or in Indian lands in
common, of which the legal title is vested in the Crown, or who share
alike in the distribution of any annuities or interest moneys for which
the Government of Canada is responsible ; the term "the band" means the
band to which the context relates; and the term "band," when action is
being taken by the band as such, means the band in council.
2. The term "irregular band" means any tribe, band or
body of persons of Indian blood who own no interest in any reserve or
lands of which the legal title is vested in the Crown, who possess no
common fund managed by the Government of Canada, or who have not had any
treaty relations with the Crown.
3. The term "Indian" means-
First. Any male person of Indian blood reputed to belong to a
particular band ;
Secondly. Any child of such person ;
Thirdly. Any woman who is or was lawfully married to such person.
4. The term "non-treaty Indian" means any person of
Indian blood who is reputed to belong to an irregular band, or who follows
the Indian mode of life, even though such person be only a temporary
resident in Canada
5. The term "enfranchised Indian" means any Indian, his
wife or minor unmarried child, who has received letters patent granting
him in fee simple any portion of the reserve which may have been
allotted to him, his wife and minor children, by the band to which he
belongs, or any unmarried Indian who may have received letters patent
for an allotment of the reserve.
6. The term "reserve" means any tract or tracts of land
set apart by treaty or otherwise for the use or benefit of or granted to
a particular band of Indians, of which the legal title is in the Crown,
but which is unsurrendered, and includes all the trees, wood, timber,
soil, stone, minerals, metals and other valuables thereon or therein.
7. The term "special reserve" means any tract or tracts
of land and everything belonging thereto set apart for the use or
benefit of any band or irregular band of Indians, the title of which is
vested in a society, corporation or community legally established, and
capable of suing and being sued, or in a person or persons of European
descent, but which land is held in trust for such band or irregular band
8. The term "Indian lands" means any reserve or portion
of a reserve which has been surrendered to the Crown.
9. The term "intoxicants" means and includes all
spirits, strong waters, spirituous liquors, wines, or fermented or
compounded liquors or intoxicating drink of any kind whatsoever, and any
intoxicating liquor or fluid, as also opium and any preparation thereof,
whether liquid or solid, and any other intoxicating drug or substance,
and tobacco or tea mixed or compounded or impregnated with opium or with
other intoxicating drugs, spirits or substances, and whether the same or
any of them be liquid or solid.
10. The term "Superintendent-General" means the
Superintendent-General of Indian Affairs.
11. The term "agent" includes a commissioner,
superintendent, agent, or other officer acting under the instructions of
12. The term "person" means an individual other than an
Indian, unless the context clearly requires another construction.
Superintendent-General of Indian Affairs.
3. The Minister of the Interior shall be the
Superintendent-General of Indian Affairs.
Department of Indian Affairs.
4. There shall be a Department of the Civil
Service of Canada to be called the Department of Indian Affairs, over
which the Superintendent-General of Indian Affairs shall preside.
Deputy Superintendent- General of Indian Affairs, his
powers and duties.
5. The Governor General in Council may, by
commission under the Great Seal, appoint a Deputy of the
Superintendent-General of Indian Affairs, who shall be charged under the
Superintendent-General with the performance of his Departmental duties,
and with the control and management of the officers, clerks and servants
of the Department, and with such other powers and duties as may be
assigned to him by the Governor in Council.
Schedule A of 31 V., c. 34 amended.
6. Schedule A of the "Canada Civil Service
Act, 1868," is hereby amended by adding thereto the words "Deputy of
the Superintendent-General of Indian Affairs."
Division of present business, and of officers and
employees of Department of the Interior between it and the Department of
7. Upon the passing of this Act, so much of the
business of the Department of the Interior as relates to Indian Affairs,
and which has hitherto been conducted in what is usually known as the
"Indian Branch" of that Department, shall fall under the management,
charge and direction of the Department of Indian Affairs ; and the
Governor in Council may from time to time assign to the Department of
Indian Affairs any of the present officers and employees of the
Department of the Interior, or may direct any one or more of the officers
and employees of the last-named Department to act as an officer of both
Appointment of officers, clerks and servants of the new
8. The Governor in Council may also appoint,
subject to "The Canada Civil Service Act, 1868," such officers, clerks and servants as may be requisite for the proper conduct of the
business of the Department of Indian Affairs.
Appointment of an Indian Commissioner and of an Indian
9. The Governor in Council may appoint an Indian
Commissioner for Manitoba, Keewatin and the North-West Territories, or
an Indian Commissioner for Manitoba and Keewatin and an Indian
Commissioner for the North-West Territories, with such powers and duties
as may be provided by Order in Council. The Governor in Council may also
appoint an Indian Superintendent for the Province of British Columbia,
with such powers and duties as may be provided by Order in Council.
Exclusion of natural children from bands.
10. Any illegitimate child, unless having shared
with the consent of the band whereof the father or mother of such child
is a member in the distribution moneys of such band for a period
exceeding two years, may, at any time, be excluded from the membership
thereof by the Superintendent-General.
Loss of membership through residence in a foreign
country without leave.
11. Any Indian having for five years
continuously resided in a foreign country without the consent in writing
of the Superintendent-General or his agent, shall cease to be a member
of the band of which he or she was formerly a member, nor shall he or
she become again a member of that band, or become a member of any other
band unless the consent of the band with the approval of the
Superintendent-General or his agent, be first had and obtained.
Effect of marriage of an Indian woman with any other
than an Indian or a non-treaty Indian.
12. Any Indian woman marrying any other than an
Indian or a non-treaty Indian shall cease to be an Indian in any respect
within the meaning of this Act, except that she shall be entitled to
share equally with the members of the band to which she formerly
belonged, in the annual or semi-annual distribution of their annuities,
interest moneys and rents ; but this income may be commuted to her at any
time at ten years' purchase with the consent of the band.
Effect of marriage of an Indian woman with an Indian of
any band but her own, or with a non-treaty Indian.
13. Any Indian woman marrying an Indian of any
other band, or a non-treaty Indian, shall cease to be a member of the
band to which she formerly belonged, and become a member of the band or
irregular band of which her husband is a member ; but should she marry a
non-treaty Indian, while becoming a member of the irregular band of
which her husband is a member, she shall be entitled to share equally
with the members of the band of which she was formerly a member in the
distribution of their moneys ; but this income may be commuted to her at
any time at ten years' purchase with the consent of the band.
As to half-breeds in Manitoba.
Withdrawal from treaty.
14. No half-breed in Manitoba who has shared in
the distribution of half-breed lands shall be accounted an Indian ; and
no half-breed head of a family (except the widow of an Indian or a
half-breed who has already been admitted into a treaty) shall, unless
under very special circumstances, to be determined by the
Superintendent-General or his agent, be accounted an Indian, or entitled
to be admitted into any Indian treaty ; and any half-breed who may have
been admitted into a treaty shall be allowed to withdraw therefrom on
refunding all annuity money received by him or her under the said
treaty, or suffering a corresponding reduction in the quantity of any
land, or scrip, which such half-breed, as such, may be entitled to
receive from the Government.
Half-breeds of Caughnawaga confirmed in certain rights.
2. The Half-breeds who are by the father's side either
wholly or partly of Indian blood now settled in the Seigniory of
Caughnawaga, and who have inhabited the said Seigniory for the last
twenty years, are hereby confirmed in their possession and right of
residence and property, but not beyond the tribal rights and usages
which others of the band enjoy.
Reserves to be subject to this Act.
15. All reserves for Indians or for any band of
Indians, or held in trust for their benefit, shall be deemed to be
reserved and held for the same purposes as before the passing of this
Act, but subject to its provisions.
Surveys, plans, reports and sub-division into lots of
reserves may be authorized.
16. The Superintendent-General may authorize
surveys, plans and reports to be made of any reserve for Indians,
shewing and distinguishing the improved lands, the forests and lands fit
for settlement, and such other information as may be required; and may
authorize that the whole or any portion of a reserve be subdivided into
What Indians only to be deemed lawful possessors of
land in reserves.
17. No Indian shall be deemed to be lawfully in
possession of any land in a reserve, unless he or she has been or shall
be located for the same by the band or council of the band, with the
approval of the Superintendent-General : Provided that no Indian shall be
dispossessed of any land on which he or she has improvements, without
receiving compensation therefor (at a valuation to be approved by the
Superintendent-General) from the Indian who obtains the land, or from
the funds of the band, as may be determined by the
Location ticket in triplicate ; and how dealt with.
18. On the Superintendent-General approving of
any location as aforesaid, he shall issue in triplicate a ticket
granting a location title to such Indian, one triplicate of which he
shall retain in a book to be kept for the purpose ; the other two he
shall forward to the local agent,- one to be delivered to the Indian in
whose favor it was issued, the other to be filed by the agent, who shall
also cause the same to be copied into a register of the band to be
provided for the purpose.
Effect of such ticket limited.
19. The conferring of any such location title as
aforesaid shall not have the effect of rendering the land covered
thereby subject to seizure under legal process, and such title shall be
transferable only to an Indian of the same band, and then only with the
consent and approval of the Superintendent-General, whose consent and
approval shall be given only by the issue of a ticket in the manner
prescribed in the next preceding section.
Distribution of lands, goods and chattels of deceased
Indians provided for.
Minority of children.
Proviso : as to persons in charge of minors.
Widow and no child
Location ticket must be obtained.
Proviso : care of minors.
Proviso : Powers of Superintendent-General.
20. Upon the death of any Indian holding under
location or other duly recognized title any parcel of land, the right and
interest therein of such deceased Indian shall, together with his goods
and chattels, devolve one-third upon his widow (if any), and the
remainder upon his children in equal shares ; and such children shall
have a like estate in such land as their father had. During the
minority of such children the administration and charge of such land and
goods and chattels as they may be entitled to under this clause, shall
devolve upon the widow (if any) of such deceased Indian. As each male
child attains the age of twenty-one, and as each female child attains
that age, or marries before that age with the consent of the said widow,
his or her share is to be handed to him or her : Provided always, that
the Superintendent-General may, at any time, remove the widow from such
administration and charge, and confer the same upon some other person,
and in like manner remove such other person and appoint another, and so
on as occasion may require. Should such Indian die without issue but
leaving a widow, such lot or parcel of land and his goods and chattels
shall be vested in her, and if he leaves no widow, then in the Indian
nearest akin to the deceased ; but if he have no heir nearer than a
cousin, then the same shall be vested in the Crown for the benefit of
the band ; but whatever may be the final disposition of the land, the
claimant or claimants shall not be held to be legally in possession
until he, she or they obtains or obtain a location ticket from the
Superintendent-General in the manner prescribed in the case of new
locations : Provided always, that the Superintendent-General may,
whenever there are minor children, appoint a fit and proper person to
take charge of such children and their property, and remove such person
and. appoint another, and so on as occasion may require ; Provided also,
that the Superintendent-General shall have power to decide all questions
which may arise respecting the distribution, among those entitled, of
the land and goods and chattels of a deceased Indian ; also to do
whatever he may, under the circumstances, think will best give to each
claimant his or her share, according to the true meaning and spirit of
this Act, whether such share be a part of the lands or goods and
chattels themselves, or be part of the proceeds thereof, in case it be
thought best to dispose thereof,- regard always being had in any such
disposition to the restrictions upon the disposition of property in a
Privileges of Indians and non-treaty Indians having
improved lands included in reserves in certain Provinces.
21. Any Indian or non-treaty Indian in the
Province of British Columbia, in the Province of Manitoba, in the
North-West Territories, or in the District of Keewatin, who has, or
shall have, previously to the selection of a reserve, possession of and
made permanent improvements on a plot of land which has been or shall be
included in or surrounded by a reserve, shall have the same privileges,
neither more nor less, in respect of such plot, as an Indian enjoys who
holds under a location title.
Only Indians of the band may settle, reside and hunt
upon the reserve of the band. All permissions to the contrary to be void.
22. No person, or Indian other than an Indian of
the band, shall settle, reside or hunt upon, occupy or use any land or
marsh, or shall settle, reside upon or occupy any road, or allowance for
roads running through any reserve belonging to or occupied by such band ;
and all mortgages or hypothecs given or consented to by any Indian, and
all leases, contracts and agreements made or purporting to be made by
any Indian, whereby persons or Indians other than Indians of the band
are permitted to reside or hunt upon such reserve, shall be absolutely
Power to remove Indians or other persons unlawfully occupying land,
etc., in reserves.
Warrant to Sheriff for removal.
Powers for removal ; costs.
23. If any person or Indian other than an Indian
of the band, without the license of the Superintendent-General (which
license, however, he may at any time revoke), settles, resides or hunts
upon or occupies or uses any such land or marsh ; or settles, resides
upon or occupies any such roads or allowances for roads, on such
reserve, or if any Indian is illegally in possession of any land in a
reserve, the Superintendent-General, or such officer or person as he may
thereunto depute and authorize, shall, on complaint made to him, and on
proof of the fact to his satisfaction, issue his warrant signed and
sealed, directed to the sheriff of the proper county or district, or if
the said reserve be not situated within any county or district, then
directed to any literate person willing to act in the premises,
commanding him forthwith to remove from the said land or marsh, or roads
or allowances for roads, or land, every such person or Indian and his
family, so settled, residing or hunting upon or occupying, or being
illegally in possession of the same, or to notify such person or Indian
to cease using as aforesaid the said lands, marshes, roads or allowances
for roads ; and such sheriff or other person shall accordingly remove or
notify such person or Indian, and for that purpose shall have the same
powers as in the execution of criminal process; and the expenses
incurred in any such removal or notification shall be borne by the party
removed or notified, and may be recovered from him as the costs in any
Proviso : in case of consent of band, &c.
Provided that nothing contained in this Act shall
prevent an Indian or non-treaty Indian, if five years a resident in
Canada, not a member of the band, with the consent of the band and the
approval of the Superintendent-General, from residing on the reserve or
receiving a location thereon.
Removal and punishment of persons returning after
having been removed.
Warrant to Sheriff, to arrest and commit to gaol.
Limitation of imprisonment.
24. If any person or Indian, after having been
removed or notified as aforesaid, returns to, settles, resides or hunts
upon or occupies, or uses as aforesaid, any of the said land, marsh or
lots or parts of lots ; or settles or resides upon or occupies any of the
said roads, allowances for roads, or lots or parts of lots, the
Superintendent-General, or any officer or person deputed and authorized
as aforesaid, upon view, or upon proof on oath made before him, or to
his satisfaction, that the said person or Indian has returned to,
settled, resided or hunted upon or occupied or used as aforesaid any of
the said lands, marshes, lots or parts of lots, or has returned to,
settled or resided upon or occupied any of the said roads or allowances
for roads, or lots or parts of lots, shall direct and send his warrant
signed and sealed to the sheriff of the proper county or district, or
to any literate person therein, and if the said reserve be not situated
within any county or district, then to any literate person, commanding
him forthwith to arrest such person or Indian, and bring him before any
Stipendiary Magistrate, Police Magistrate or Justice of the Peace, who
may, on conviction, commit him to the common gaol of the said county or
district, or if there be no gaol in the said county or district, then to
the gaol nearest to the said reserve in the Province or Territory, there
to remain for the time ordered by such warrant, but which shall not
exceed thirty days for the first offence, and thirty days additional for
each subsequent offence.
Arrest and imprisonment.
25. Such sheriff or other person shall
accordingly arrest the said party, and deliver him to the gaoler or
sheriff of the proper county, district, Province or Territory, who shall
receive such person or Indian and imprison him in the said gaol for the
Judgment to be drawn up and filed, and to be final.
26. The Superintendent-General, or such officer
or person aforesaid, shall cause the judgment or order against the
offender to be drawn up and filed in his office ; and such judgment shall
not he removed by certiorari or otherwise, or be appealed from,
but shall be final.
Punishment of Indians or other persons trespassing on
Penalties for removing certain things.
Recovery of penalty if not forthwith paid.
Power to commit to gaol as an alternative in such cases.
Or in default of levy of amount under warrant.
Application of penalties.
27. If any person or Indian, other than an
Indian of the band to which the reserve belongs, without the license in
writing of the Superintendent-General, or of some officer or person
deputed by him for that purpose, trespasses upon any of the said land,
roads, or allowances for roads in the said reserve, by cutting, carrying
away, or removing therefrom any of the trees, saplings, shrubs,
underwood, timber, or hay thereon, or by removing any of the stone,
soil, minerals, metals, or other valuables, off the said land, roads, or
allowances for roads, the person or Indian so trespassing shall, on
conviction thereof before any Stipendiary Magistrate, Police Magistrate
or Justice of the Peace, for every tree he cuts, carries away, or
removes, forfeit and pay the sum of twenty dollars ; and for cutting,
carrying away, or removing any of the saplings, shrubs, underwood,
timber or hay, if under the value of one dollar, the sum of four
dollars ; but if over the value of one dollar, then the sum of twenty
dollars ; and for removing any of the stone, soil, minerals, metals, or
other valuables aforesaid, the sum of twenty dollars, with costs of
prosecution in all cases. And in default of immediate payment of the
said penalties and costs, the Superintendent-General, or such other
person as he may have authorized in that behalf, may issue a warrant,
directed to any person or persons by him named therein, to levy the
amount of the said penalties and costs by distress and sale of the goods
and chattels of the person liable to pay the same ; and similar
proceedings may be had upon such warrant as if it had been issued by the
Magistrate or Justice of the Peace before whom the person was convicted ;
or the Superintendent-General, or such other person as aforesaid,
without proceeding by distress or sale, may, upon non-payment of the
said penalties and costs, order the person liable therefor to be
imprisoned in the common gaol of the county or district in which the
said reserve or any part thereof lies, for a period not exceeding thirty
days when the penalty does not exceed twenty dollars, or for a period
not exceeding three months when the penalty does exceed twenty dollars ;
and upon the return of any warrant for distress or sale, if the amount
thereof has not been made, or if any part of it remains unpaid, the said
Superintendent-General, or such other person as aforesaid, may commit
the person in default to the common gaol, as aforesaid, for a period not
exceeding thirty days, if the sum claimed upon the said warrant does not
exceed twenty dollars, or for a time not exceeding three months if the
sum does exceed twenty dollars. All such penalties shall be paid to the
Receiver-General to be disposed of for the use and benefit of the band
of Indians for whose benefit the reserve is held, in such manner as the
Governor in Council may direct.
Proviso : license by Superintendent-General.
2. But nothing herein contained shall be construed to
prevent the Superintendent-General from issuing a license to any person
or Indian to cut and remove trees, wood, timber and hay, or to quarry
and remove stone and gravel on and from the reserve. Provided he, or his
agent acting by his instructions, first obtain the consent of the band
thereto in the ordinary manner as hereinafter provided.
Punishment of Indians so trespassing.
Or removing certain things.
28. If any Indian, without the license in
writing of the Superintendent-General, or of some officer or person
deputed by him for that purpose, trespasses upon the land of an Indian
who holds a location title, or who is otherwise recognized by the
Department as the occupant of such land, by cutting, carrying away, or
removing therefrom, any of the trees, saplings, shrubs, underwood,
timber or hay thereon, or by removing any of the stone, soil, minerals,
metals or other valuables off the said land ; or if any Indian, without
license as aforesaid, cuts, carries away or removes from any portion of
the reserve of his band, for sale (and not for the immediate use of
himself and his family), any trees, timber or hay thereon, or removes
any of the stone, soil, minerals, metals, or other valuables therefrom
for sale as aforesaid, he shall be liable to all the fines and penalties
provided in the next preceding section in respect to Indians of other
bands and other persons, and similar proceedings may be had for the
recovery thereof as are provided for in the next preceding section.
Name of offender need not be inserted in the warrant in
What description shall suffice.
29. In all orders, writs, warrants, summonses
and proceedings whatsoever made, issued or taken by the
Superintendent-General, or any officer or person by him deputed as
aforesaid, it shall not be necessary for him or such officer or person
to insert or express the name of the person or Indian summoned,
arrested, distrained upon, imprisoned, or otherwise proceeded against
therein, except when the name of such person or Indian is truly given to
or known by the Superintendent-General, or such officer or person ; and
if the name be not truly given to or known by him, he may name or
describe the person or Indian by any part of the name of such person or
Indian given to or known by him ; and if no part of the name be given to
or known by him he may describe the person or Indian proceeded against
in any manner by which he may be identified ; and all such proceedings
containing or purporting to give the name or description of any such
person or Indian as aforesaid shall primâ facie be sufficient.
Sheriffs, etc., to assist Superintendent- General.
30. All sheriffs, gaolers or peace officers to
whom any such process is directed by the Superintendent-General, or by
any officer or person by him deputed as aforesaid, shall obey the same ;
and all other officers upon reasonable requisition shall assist in the
Superintendent- General to name arbitrator on behalf of
Indians when property is taken from them for any public improvement.
31. If any railway, road or public work passes
through or causes injury to any reserve belonging to or in possession
of any band of Indians, or if any act occasioning damage to any reserve
be done under the authority of any Act of Parliament, or of the
Legislature of any Province, compensation shall be made to them therefor
in the same manner as is provided with respect to the lands or rights of
other persons ; the Superintendent-General shall, in any case in which an
arbitration may be had, name the arbitrator on behalf of the Indians,
and shall act for them on any matter relating to the settlement of such
compensation ; and the amount awarded in any case shall be paid to the
Receiver-General for the use of the band of Indians for whose benefit
the reserve is held, and for the benefit of any Indian having
Her Majesty's name may be used in proceeding in certain
32. In all cases of encroachment upon, or of
violation of trust respecting any special reserve, it shall be lawful to
proceed by information in the name of Her Majesty, in the superior
courts of law or equity, notwithstanding the legal title may not be
vested in the Crown.
Case of lapse of title to reserves held in trust.
Surrender of Special Reserve to Her Majesty in trust.
33. If by the violation of the conditions of any
such trust as aforesaid, or by the breaking up of any society,
corporation, or community, or if by the death of any person or persons
without a legal succession of trusteeship, in whom the title to a
special reserve is held in trust, the said title lapses or becomes void
in law, then the legal title shall become vested in the Crown in trust,
and the property shall be managed for the band or irregular band
previously interested therein, as an ordinary reserve. The trustees of
any special reserve may at any time surrender the same to Her Majesty in
trust, whereupon the property shall be managed for the band or irregular
band previously interested therein as an ordinary reserve.
Indians liable to labour on public roads in reserves
and to what extent.
Powers of the Superintendent-General.
Proviso as to the amount of such labour.
34. Indians residing upon any reserve, and
engaged in the pursuit of agriculture as their then principal means of
support, shall be liable, if so directed by the Superintendent-General,
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 reserve,- such labour to be performed under the sole control of the
said Superintendent-General, 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 who may be
resident upon any of the said lands ; and the said
Superintendent-General, 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 the Province or territory in which such reserve
lies, for the non-performance of statute labour ; but the labour to be so
required of any such Indian shall not exceed in amount or extent what
may be required of other inhabitants of the same Province, territory,
county, or other local division, under the laws requiring and regulating
such labour and the performance thereof.
Band to cause roads to be put and kept in order.
Power of the Superintendent-General.
35. Every band of Indians shall be bound to
cause the roads, bridges, ditches and fences within their reserve to be
put and maintained in proper order, in accordance with the instructions
received from time to time from the Superintendent-General, or from the
agent of the Superintendent-General ; and whenever in the opinion of the
Superintendent-General the same are not so put or maintained in order,
he may cause the work to be performed at the cost of such band, or of
the particular Indian in default, as the case may be, either out of
their or his annual allowances, or otherwise.
Provisions respecting sale or lease of reserves.
36. No reserve or portion of a reserve shall be
sold, alienated or leased until it has been released or surrendered to
the Crown for the purposes of this Act, excepting that in cases of
aged, sick and infirm Indians and widows or children left without a
guardian, the Superintendent-General shall have the power to lease the
lands to which they may be entitled for their support or benefit.
Conditions precedent for validity of release or
surrender of a reserve.
37. No release or surrender of a reserve, or
portion of a reserve, held for the use of the Indians of any band or of
any individual Indian, shall be valid or binding, except on the
following conditions :-
Assent of band.
1. The release or surrender shall be assented to by a
majority of the male members of the band of the full age of twenty-one
years, at a meeting or council thereof summoned for that purpose
according to their rules, and held in the presence of the
Superintendent-General, or of an officer duly authorized to attend such
council by the Governor in Council or by the Superintendent-General :
Provided, that no Indian shall be entitled to vote or be present at such
council, unless he habitually resides on or near and is interested in
the reserve in question :
Proof of assent.
2. The fact that such release or surrender has been
assented to by the band at such council or meeting, shall be certified
on oath before some judge of a superior, county or district court, or
Stipendiary Magistrate, by the Superintendent-General, or by the officer
authorized by him to attend such council or meeting, and by some one of
the chiefs or principal men present thereat and entitled to vote, and
when so certified as aforesaid shall be submitted to the Governor in
Council for acceptance or refusal.
No intoxicant to be introduced at any council or
meeting of Indians held under the next preceding section.
38. 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 a reserve or portion thereof, or
of assenting to the issuing of a timber or other license, any
intoxicant ; and any person introducing at such meeting, and any agent or
officer employed by the Superintendent-General, or by the Governor in
Council, introducing, allowing or countenancing by his presence the use
of such intoxicant among such Indians 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.
Act not to confirm invalid releases or surrenders.
39. Nothing in this Act shall confirm any
release or surrender which would have been invalid if this Act had
not been passed ; and no release or surrender of any reserve or portion
of a reserve to any party other than the Crown, shall be valid.
Certain Indian lands to be held by the Crown for the
same purposes as heretofore.
40. All Indian lands, being reserves or portions
of reserves surrendered or to be surrendered to the Crown, shall be
deemed to be held for the same purposes as before the passing of this
Act ; and shall be managed, leased and sold as the Governor in Council
may direct, subject to the conditions of surrender and the provisions of
Agents not to become interested in or owners of Indian
41. No agent for the sale of Indian lands shall,
within his division, directly or indirectly, unless under an order of
the Governor in Council, purchase any land which he is appointed to
sell, or become proprietor of or interested in any such land, during the
time of his agency ; and any such purchase or interest shall be void ; and
if any such agent offends in the premises, he shall forfeit his office
and the sum of four hundred dollars for every such offence, which may be
recovered in action of debt by any person who may sue for the same.
Effect of former unrescinded certificates of sale or
Evidence of possession.
42. Every certificate of sale or receipt for
money received on the sale of Indian lands, heretofore granted or made
or to be granted or made by the Superintendent-General or any agent of
his, so long as the sale to which such receipt or certificate relates is
in force and not rescinded, shall entitle the party to whom the same was
or shall be made or granted, or his assignee, by instrument registered
under this or any former Act providing for registration in such cases,
to take possession of and occupy the land therein comprised, subject to
the conditions of such sale, and thereunder, unless the same shall have
been revoked or cancelled, to maintain suits in law or equity against
any wrongdoer or trespasser, as effectually as he could do under a
patent from the Crown ;- and such receipt or certificate shall be
primâ facie evidence for the purpose of possession by such person,
or the assignee under an instrument registered as aforesaid, in any such
suit; but the same shall have no force against a license to cut timber
existing at the time of the making or granting thereof.
Registers of assignments to be kept.
Entries there in on what proof to be made.
43. The Superintendent-General shall keep a book
for registering (at the option of the parties interested) the
particulars of any assignment made, as well by the original purchaser or
lessee of Indian lands or his heir or legal representative, as by any
subsequent assignee of any such lands, or the heir or legal
representative of such assignee ;- and upon any such assignment being
produced to the Superintendent-General, and, (except in cases where such
assignment is made under a corporate seal), with an affidavit of due
execution thereof, and of the time and place of such execution, and the
names, residences and occupations of the witnesses, or, as regards lands
in the Province of Quebec, upon the production of such assignment
executed in notarial form, or of a notarial copy thereof, the
Superintendent-General shall cause the material parts of every such
assignment to be registered in such book of registry, and shall cause to
be endorsed on every such assignment a certificate of such registration,
to be signed by himself or his deputy, or any other officer of the
department by him authorized to sign such certificates : And every such
assignment so registered shall be valid against any one previously
executed, but subsequently registered, or unregistered ; but all the
conditions of the sale, grant or location must have been complied with,
or dispensed with by the Superintendent-General, before such registration
is made. But any assignment to be registered as aforesaid must be
unconditional in its terms.
If subscribing witness be dead, etc.
44. If any subscribing witness to any such
assignment is deceased, or has left the province, the
Superintendent-General may register such assignment upon the production
of an affidavit proving the death or absence of such witness and his
handwriting, or the handwriting of the party making such assignment.
Patent to issue to their assignee or devisee after
proof of right thereto.
R.S.,O., c. 25.
45. On any application for a patent by the heir,
assignee or devisee of the original purchaser from the Crown, the
Superintendent-General may receive proof in such manner as he may direct
and require in support of any claim for a patent when the original
purchaser is dead, and upon being satisfied that the claim has been
equitably and justly established, may allow the same, and cause a patent
to issue accordingly ; but nothing in this section shall limit the right
of a party claiming a patent to land in the Province of Ontario to make
application at any time to the Commissioner, under the "Act
respecting the Heir, Devisee and Assignee Commission," being chapter
twenty-five of the Revised Statutes of Ontario.
Duty of the Superintendent- General in cases of fraud.
46. If the Superintendent-General is satisfied
that any purchaser or lessee of any Indian lands, or any assignee
claiming under or through him, has been guilty of any fraud or
imposition, or has violated any of the conditions of sale or lease, or
if any such sale or lease has been or is made or issued in error or
mistake, he may cancel such sale or lease, and resume the land therein
mentioned, or dispose of it as if no sale or lease thereof had ever been
made ; and all such cancellations heretofore made by the Governor in
Council or the Superintendent-General shall continue valid until
Obtaining possession after such cancellation in case of
Order in the nature of a writ of possession.
Execution of such order.
47. When any purchaser, lessee or other person
refuses or neglects to deliver up possession of any land after
revocation or cancellation of the sale or lease as aforesaid, or when
any person is wrongfully in possession of any Indian lands and refuses
to vacate or abandon possession of the same, the Superintendent-General
may apply to the county judge of the county, or to a judge of the
Superior Court in the circuit, in which the land lies in Ontario or
Quebec, or to any judge of a superior court of law or any county judge
of the county in which the land lies in any other province, or to any
Stipendiary Magistrate in any territory in which the land lies, for an
order in the nature of a writ of habere facias possessionem or
writ of possession, and the said judge or magistrate, upon proof to his
satisfaction that the right or title of the party to hold such land has
been revoked or cancelled as aforesaid, or that such person is
wrongfully in possession of Indian lands, shall grant an order upon the
purchaser, lessee or person in possession, to deliver up the same to the
Superintendent-General, or person by him authorized to receive the same ;
and such order shall have the same force as a writ of habere facias
possessionem, or writ of possession ; and the sheriff, or any bailiff or
person to whom it may have been trusted for execution by the
Superintendent-General, shall execute the same in like manner as he
would execute such writ in an action of ejectment or possessory action.
Enforcing payment of rent due to the Crown.
Action of debt.
48. Whenever any rent payable to the Crown on
any lease of Indian lands is in arrear, the Superintendent-General, or
any agent or officer appointed under this Act and authorized by the
Superintendent-General to act in such cases, may issue a warrant,
directed to any person or persons by him named therein, in the shape of
a distress warrant as in ordinary cases of landlord and tenant, or as in
the case of distress and warrant of a justice of the peace for
non-payment of a pecuniary penalty ; and the same proceedings may be had
thereon for the collection of such arrears as in either of the said
last-mentioned cases ; or an action of debt as in ordinary cases of rent
in arrear may be brought therefor in the name of the
Superintendent-General ; but demand of rent shall not be necessary in any
Who to act or give notice for the Crown.
49. When by law or by any deed, lease or
agreement relating to any of the lands herein referred to, any notice is
required to be given, or any act to be done, by or on behalf of the
Crown, such notice may be given and act done by or by the authority of
Cancellation of erroneous letters patent and issue of
corrected ones in their stead.
50. Whenever letters patent have been issued to
or in the name of the wrong party, through mistake, or contain any
clerical error or misnomer, or wrong description of any material fact
therein, or of the land thereby intended to be granted, the
Superintendent-General (there being no adverse claim) may direct the
defective letters patent to be cancelled and a minute of such
cancellation to be entered in the margin of the registry of the original
letters patent, and correct letters patent to be issued in their
stead,- which corrected letters patent shall relate back to the date of
those so cancelled, and have the same effect as if issued at the date of
such cancelled letters patent.
Lands patented twice over.
Compensation in certain cases.
Limitation of time for claim.
51. In all cases in which grants or letters
patent have issued for the same land inconsistent with each other
through error, and in all cases of sales or appropriations of the same
land inconsistent with each other, the Superintendent-General may, in
cases of sale, cause a repayment of the purchase money, with interest,
or when the land has passed from the original purchaser or has been
improved before a discovery of the error, he may in substitution assign
land or grant a certificate entitling the party to purchase Indian
lands, of such value and to such extent as to him, the
Superintendent-General, may seem just and equitable under the
circumstances ; but no such claim shall be entertained unless it be
preferred within five years from the discovery of the error.
Cases of deficiency of land provided for.
Limitation of time for claim.
52. Whenever by reason of false survey or error
in the books or plans in the Department of Indian Affairs, or in the
late Indian Branch of the Department of the Interior, any grant, sale or
appropriation of land is found to be deficient, or any parcel of land
contains less than the quantity of land mentioned in the patent
therefor, the Superintendent-General may order the purchase money of so
much land as is deficient, with the interest thereon from the time of
the application therefor, or, if the land has passed from the original
purchaser, then the purchase money which the claimant (provided he was
ignorant of a deficiency at the time of his purchase) has paid for so
much of the land as is deficient, with interest thereon from the time of
the application therefor, to be paid to him in land or in money, as he,
the Superintendent-General, may direct ;- But no such claim shall be
entertained unless application has been made within five years from the
date of the patent, nor unless the deficiency is equal to one-tenth of
the whole quantity described as being contained in the particular lot or
parcel of land granted.
Certain courts may avoid patents issued in error, etc.
Practice in such cases.
53. In all cases wherein patents for Indian
lands have issued through fraud or in error or improvidence, the
Exchequer Court of Canada, or a superior court of law or equity in any
Province may, upon action, bill or plaint, respecting such lands situate
within their jurisdiction, and upon hearing of the parties interested,
or upon default of the said parties after such notice of proceeding as
the said courts shall respectively order, decree such patents to be
void ; and upon a registry of such decree in the office of the
Registrar-General of Canada, such patents shall be void to all intents.
The practice in court, in such cases, shall be regulated by orders to
be, from time to time, made by the said courts respectively ; and any
action or proceeding commenced under any former Act may be continued
under this section,- which, for the purpose of any such action or
proceeding shall be construed as merely continuing the provisions of
such former Act.
Punishment of agents giving false information as to
54. If any agent appointed or continued in
office under this Act knowingly and falsely informs, or causes to be
informed, any person applying to him to purchase any land within his
division and agency, that the same has already been purchased, or
refuses to permit the person so applying to purchase the same according
to existing regulations, such agent shall be liable therefor to the
person so applying in the sum of five dollars for each acre of land
which the person so applying offered to purchase, to be recovered by
action of debt in any court having jurisdiction in civil cases to the
Punishment for preventing sale.
Misdemeanor, fine and imprisonment.
55. If any person, before or at the time of the
public sale of any Indian lands, by intimidation, combination or unfair
management, hinders or prevents, or attempts to hinder or prevent any
person from bidding upon or purchasing any lands so offered for sale,
every such offender, his, her or their aiders and abettors, shall, for
every such offence, be guilty of a misdemeanor, and on conviction
thereof shall be liable to a fine not exceeding four hundred dollars, or
imprisonment for a term not exceeding two years, or both, in the
discretion of the court.
Licenses to cut trees ; by whom and how to be granted.
56. The Superintendent-General, or any officer
or agent authorized by him to that effect, may grant licenses to cut
trees on reserves and ungranted Indian lands at such rates, and subject
to such conditions, regulations and restrictions, as may, from time to
time, be established by the Governor in Council,- such conditions,
regulations and restrictions to be adapted to the locality in which such
reserves or lands are situated.
For what time.
As to error in description. etc.
57. No license shall be so granted for a longer
period than twelve months from the date thereof: and if, in consequence
of any incorrectness of survey or other error, or cause whatsoever, a
license is found to comprise land included in a license of a prior date,
or land not being reserves or ungranted Indian lands, the license
granted shall be void in so far as it comprises such land, and the
holder or proprietor of the license so rendered void shall have no claim
upon the Government for indemnity or compensation by reason of such
License must describe the land and kind of trees to be
cut ; its effect.
Further rights of holders of licenses as to trespassers.
58. Every license shall describe the lands upon
which the trees may be cut and the kind of trees to be cut, and shall
confer for the time being on the nominee, the right to take and keep
exclusive possession of the land so described, subject to such
regulations and restrictions as may be established ; and every license
shall vest in the holder thereof all rights of property whatsoever in
all trees of the kind specified cut within the limits of the license
during the term thereof, whether such trees are cut by authority of the
holder of such license or by any other person, with or without his
consent ; and every license shall entitle the holder thereof to seize in
revendication or otherwise, such trees and the logs, timber or other
product thereof where the same are found in the possession of any
unauthorized person, and also to institute any action or suit at law or
in equity against any wrongful possessor or trespasser, and to prosecute
all trespassers and other offenders to punishment, and to recover
damages, if any ; and all proceedings pending at the expiration of any
license may be continued to final termination as if the license had not
Return to be made by licensee.
Punishment for not making return or for evasion of regulations.
59. Every person obtaining a license shall, at
the expiration thereof, make to the officer or agent granting the same,
or to the Superintendent-General, a return of the number and kinds of
trees cut, and of the quantity and description of saw-logs, or of the
number and description of sticks of square or other timber, manufactured
and carried away under such license ; and such statement shall be sworn
to by the holder of the license, or his agent, or by his foreman : and
any person refusing or neglecting to furnish such statement, or evading
or attempting to evade any regulation made by Order in Council, shall be
held to have cut without authority, and the timber or other product made
shall be dealt with accordingly.
Trees cut and their products to be liable for the
payment of dues.
60. All trees cut, and the logs, timber or other
products thereof, shall be liable for the payment of the dues theron, so
long as and wheresoever the same or any part thereof may be found,
whether in the original logs or manufactured into deals, boards or other
stuff ; and all officers or agents entrusted with the collection of such
dues may follow and seize and detain the same wherever it is found,
until the dues are paid or secured.
Security taken for dues not to affect lien.
61. Any instrument or security taken for the
dues, either before or after the cutting of the trees, as collateral
security or to facilitate collection, shall not in any way affect the
lien, but the lien shall subsist until the said dues are actually
Sale of seized timber after a certain delay.
62. If any timber so seized and detained for
non-payment of dues remains more than twelve months in the custody of
the agent or person appointed to guard the same, without the dues and
expenses being paid,- then the Superintendent-General, may order a sale
of the said timber to be made after sufficient notice ; and the balance
of the proceeds of such sale, after retaining the amount of dues and
costs incurred, shall be handed over to the owner or claimant of such
timber, upon his applying therefor and proving his right thereto.
Punishment for unlawfully cutting trees ; and forfeiture
Additional penalty in case of removal of trees.
Proof of right to cut, on whom to lie.
63. If any person without authority cuts, or
employs or induces any other person to cut, or assists in cutting any
trees of any kind on Indian lands, or removes or carries away, or
employs or induces or assists any other person to remove or carry away,
any trees of any kind so cut from Indian lands aforesaid, he shall not
acquire any right to the trees so cut, or any claim to any remuneration
for cutting, preparing the same for market, or conveying the same to or
towards market,- and when the trees or logs or timber, or other products
thereof, have been removed, so that the same cannot, in the opinion of
the Superintendent-General, conveniently be seized, he shall in addition
to the loss of his labour and disbursements, forfeit a sum of three
dollars for each tree (rafting stuff excepted), which he is proved to
have cut or caused to be cut or carried away ; and such sum shall be
recoverable with costs, at the suit and in the name of the
Superintendent-General or resident agent, in any court having
jurisdiction in civil matters to the amount of the penalty : and in all
such cases it shall be incumbent on the party charged to prove his
authority to cut ; and the averment of the party seizing or prosecuting,
that he is duly employed under the authority of this Act, shall be
sufficient proof thereof, unless the defendant proves the contrary.
Seizure of trees cut without authority.
64. Whenever satisfactory information, supported
by affidavit made before a Justice of the Peace or before any other
competent authority, is received by the Superintendent-General, or any
other officer or agent acting under him, that any trees have been cut
without authority on Indian lands, and describing where the same or the
logs, timber or other products thereof can be found, the said
Superintendent-General, officer or agent, or any one of them, may seize
or cause to be seized the same in Her Majesty's name, wherever found,
and place the same under proper custody, until a decision can be had in
the matter from competent authority :
Presumption of law in case of mixture of these and
All to be deemed cut on Indian lands.
2. And where the wood, timber, logs or other products
thereof so reported to have been cut without authority on Indian lands,
have been made up or intermingled with other wood, timber, logs or other
products thereof into a crib, dram or raft, or in any other manner, so
that it is difficult to distinguish the timber cut on reserves or Indian
land without license, from the other timber with which it is made up or
intermingled, the whole of the timber so made up or intermingled shall
be held to have been cut without authority on Indian lands, and shall be
seized and forfeited and sold by the Superintendent-General, or any
other officer or agent acting under him, unless evidence satisfactory to
him is adduced shewing the probable quantity not cut on Indian lands.
Seizing officer may command assistance in the name of
Punishment for resisting or obstructing him.
65. Any officer or person seizing trees, logs,
timber or other products thereof, in the discharge of his duty under
this Act, may, in the name of the Crown, call in any assistance
necessary for securing and protecting the same ; and whosoever, under any
pretence, either by assault, force or violence, or by threat of such
assault, force or violence, in any way resists or obstructs any officer
or person acting in his aid, in the discharge of his duty under this
Act, shall, on conviction thereof in a summary manner before a Justice
of the Peace or other proper functionary, be liable to a fine not
exceeding one hundred dollars, or to imprisonment not exceeding twelve
months, or to both, in the discretion of the convicting justice or other
Taking things seized from seizing officer without his
leave to be felony.
66. Whosoever, whether pretending to be the
owner or not, either secretly or openly, and whether with or without
force or violence, takes or carries away, or causes to be taken or
carried away, without permission of the officer or person who seized the
same, or of some competent authority, any trees, logs, timber or other
product thereof, seized and detained as subject to forfeiture under this
Act, before the same has been declared by competent authority to have
been seized without due cause, shall be deemed to have stolen the same,
as being the property of the Crown, and guilty of felony, and is liable
to punishment accordingly :
Burden of proof in certain cases to lie on claimant,
not on prosecutor or seizing officer.
2. And whenever any trees, logs, timber or other
products thereof are seized for non-payment of Crown dues or for any
other cause of forfeiture, or any prosecution is brought for any penalty
or forfeiture under this Act, and any question arises whether the said
dues have been paid or whether the same were cut on other than any of
the lands aforesaid, the burden of proving payment, or on what land the
same were cut, shall lie on the owner or claimant and not on the officer
who seizes the same, or the party bringing such prosecution.
Sale of trees, etc., seized, may be ordered in default
of notice of claim.
67. All trees, logs, timber or other products
thereof seized under this Act shall be deemed to be condemned, unless
the person from whom the same are seized, or the owner thereof, within
one month from the day of the seizure, gives notice to the seizing
officer, or nearest officer or agent of the Superintendent-General, that
he claims or intends to claim the same; failing such notice, the officer
or agent seizing shall report the circumstances to the
Superintendent-General, who may order the sale of the same by the said
officer or agent :
Proceedings for trial of validity of seizure, etc.
Delivery on security given.
Bond to be given, etc.
2. And any judge of a superior, county or district
court, or any Stipendiary Magistrate, may, in a summary way, and
following the procedure on summary trials before Justices of the Peace
out of sessions, try and determine such seizures, and may, pending the
trial, order the delivery of the trees, logs, timber or other products
thereof to the alleged owner, on receiving security by bond with two
good and sufficient sureties, to be first approved by the said agent, to
pay double the value in case of condemnation,- and such bond shall be
taken in the name of the Superintendent-General, to Her Majesty's use,
and shall be delivered up to and kept by the Superintendent-General ; and
if such seized trees, logs, timber or other products thereof are
condemned, the value thereof shall be paid forthwith to the
Superintendent-General, or agent, and the bond cancelled, otherwise the
penalty of such bond shall be enforced and recovered.
Punishment of attempts to evade payment of dues.
68. Every person availing himself of any false
statement or oath to evade the payment of dues under this Act, shall
forfeit the timber on which dues are attempted to be evaded.
Indian moneys to be dealt with as heretofore.
69. All moneys or securities of any kind
applicable to the support or benefit of Indians, or any band of Indians,
and all moneys accrued or hereafter to accrue from the sale of any
Indian lands or of any timber on any reserves or Indian lands, 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.
Governor in Council may direct how Indian funds shall
be invested and managed and payments made therefrom.
70. The Governor in Council may, subject to
the provisions of this Act, direct how, and in what manner, and by
whom the moneys arising from sales of Indian lands, and from the
property held or to be held in trust for the Indians, or from any timber
on Indian lands or reserves, or from any other source for the benefit of
Indians (with the exception of any small sum not exceeding ten per cent.
of the proceeds of any lands, timber or property, which may be agreed at
the time of the surrender to be paid to the members of the band
interested therein), 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
moneys, and direct what percentage or proportion thereof shall be set
apart from time to time, to cover the cost of and attendant upon the
management of reserves, lands, property and moneys under the provisions
of this Act, and for the construction or repair of roads passing through
such reserves or lands, and by way of contribution to schools frequented
by such Indians.
Proceeds of sales to be paid to the Receiver-General.
71. The proceeds arising from the sale or
lease of any Indian lands, or from the timber, hay, stone, minerals or
other valuables thereon, or on a reserve, shall be paid to the
Receiver-General to the credit of the Indian fund.
Governor in Council may provide for election of Chiefs.
Proviso: as to number.
Proviso: as to present life chiefs.
Further proviso, as them.
72. Whenever the Governor in Council deems it
advisable for the good government of a band to introduce the election
system of chiefs, he may by Order in Council provide that the chiefs of
any band of Indians shall be elected, as hereinafter provided, at such
time and place as the Superintendent-General may direct ; and they shall,
in such case, be elected for a period of three years, unless deposed by
the Governor for dishonesty, intemperance, immorality or incompetency ;
and they may be in the proportion of one head chief and two second
chiefs or councillors for every two hundred Indians : Provided, that no
band shall have more than six head chiefs and twelve second chiefs, but
any band composed of thirty Indians may have one chief : Provided always,
that all life chiefs now living shall continue to hold the rank of chief
until death or resignation, or until their removal by the Governor for
dishonesty, intemperance, immorality or incompetency : Provided also,
that in the event of His Excellency ordering that the chiefs of a band
shall be elected, then and in such case the life chiefs shall not
exercise the powers of chiefs unless elected under such order to the
exercise of such powers.
How and by whom Chiefs may then be elected.
73. At the election of a chief or chiefs, or
the granting of any ordinary consent required of a band of Indians under
this Act, those entitled to vote at the council or meeting thereof shall
be the male members of the band of the full age of twenty-one years ; and
the vote of a majority of such members at a council or meeting of the
band summoned according to their rules, and held in the presence of the
Superintendent-General, or an agent acting under his instructions, shall
be sufficient to determine such election, or grant such consent :
Proviso: if the band has a Council.
Provided that in the case of any band having a
council of chiefs or councillors, any ordinary consent required of the
band may be granted by a vote of a majority of such chiefs or
councillors at a council summoned according to their rules, and held in
the presence of the Superintendent-General or his agent.
Chiefs to make regulations for certain purposes.
74. The chief or chiefs of any band in council
may frame, subject to confirmation by the Governor in Council, rules
and regulations for the following subjects, viz.:-
Religious denomination of school teacher.
1. As to what religious denomination the teacher of
the school established on the reserve shall belong to ; provided always,
that he shall be of the same denomination as the majority of the band ;
and provided that the Catholic or Protestant minority may likewise have
a separate school with the approval of and under regulations to be made
by the Governor in Council;
2. The care of the public health ;
3. The observance of order and decorum at assemblies of the Indians in
general council, or on other occasions ;
4. The repression of intemperance and profligacy ;
5. The prevention of trespass by cattle,- also for the protection of
sheep, horses, mules and cattle ;
6. The construction and maintenance of water-courses,
roads, bridges, ditches and fences ;
7. The construction and repair of school houses,
council houses and other Indian public buildings ;
8. The establishment of pounds and the appointment of
9. The locating of the land in their reserves, and
the establishment of a register of such locations ;
10. The repression of noxious weeds ;
Punishment for infraction of rules.
11. The imposition of punishment, by fine or penalty,
or by imprisonment, or both, for infraction of any of such rules or
regulations ; the fine or penalty in no case to exceed thirty dollars,
and the imprisonment in no case to exceed thirty days ; the proceedings
for the imposition of such punishment to be taken in the usual summary
way before a Justice of the Peace, following the procedure on summary
trials before a justice out of sessions.
Liability of Indians or non-treaty Indians to taxation.
75. No Indian or non-treaty Indian shall be
liable to be taxed for any real or personal property, unless he holds in
his individual right real estate under a lease or in fee simple, or
personal property outside of the reserve or special reserve,-in which
case he shall be liable to be taxed for such real or personal property
at the same rate as other persons in the locality in which it is
Exemptions from taxation.
76. All land vested in the Crown, or in any
person or body corporate, in trust for or for the use of any Indian or
non-treaty Indian, or any band or irregular band of Indians or
non-treaty Indians, shall be exempt from taxation.
No lien or charge to be taken on exempted property.
77. No person shall take any security or
otherwise obtain any lien or charge, whether by mortgage, judgment or
otherwise, upon real or personal property of any Indian or non-treaty
Indian within Canada, except on real or personal property subject to
taxation under section seventy-five of this Act : Provided always, that
any person selling any article to an Indian or non-treaty Indian may,
notwithstanding this section, take security on such article for any part
of the price thereof which may be unpaid.
As to rights of action by Indians.
78. Indians and non-treaty Indians shall have
the right to sue for debts due to them or in respect of any tort or
wring inflicted upon them, or to compel the performance of obl gations
contracted with them.
Things pawned by Indians for intoxicants not to be
79. No pawn taken of any Indian or non-treaty
Indian for any intoxicant shall be retained by the person to whom such
pawn is delivered, but the thing so pawned may be sued for and
recovered, with costs of suit, by the Indian or non-treaty Indian who
has deposited the same, before any court of competent jurisdiction.
Restrictions on traffic with Indians for presents given
to them or things got by means of their annuities.
Punishment for contravention.
Presents, etc., unlawfully in possession of any person may be seized.
80. No presents given to Indians or non-treaty
Indians nor any property purchased or acquired with or by means of any
annuities granted to Indians or any part thereof, and in the possession
of any band of such Indians or of any Indian of any band or irregular
band, shall be liable to be taken, seized or distrained for any debt,
matter or cause whatsoever. Nor in the Province of British Columbia, the
Province of Manitoba, the North-West Territories, or in the District of
Keewatin, shall the same be sold, bartered, exchanged or given by any
band or irregular band of Indians, or any Indian of any such band, to
any person or Indian other than an Indian of such band ; and any such
sale, barter, exchange or gift shall be absolutely null and void, unless
such sale, barter, exchange or gift be made with the written assent of
the Superintendent-General or his agent ; and whosoever buys or otherwise
acquires any presents or property purchased as aforesaid, without the
written consent of the Superintendent-General, or his agent, as
aforesaid, is guilty of a misdemeanor, and is punishable by fine not
exceeding two hundred dollars, or by imprisonment not exceeding six
months, in any place of confinement other than a penitentiary. If any
presents given to Indians or non-treaty Indians, or any property
purchased or acquired with or by means of any annuities granted to
Indians, be unlawfully in the possession of any person, within the true
intent and meaning of this section, any person acting under the
authority (either general or special) of the Superintendent-General,
may, with such assistance in that behalf as he may think necessary,
seize and take possession of the same, and he shall deal therewith as
the Superintendent-General may direct.
DISABILITIES AND PENALTIES.
Indians may not have homesteads in Manitoba, the
North-West Territories or Keewatin, except as specified.
81. No Indian or non-treaty Indian, resident
in the Province of Manitoba, the North-West Territories or the District
of Keewatin, shall be held capable of having acquired or acquiring a
homestead or pre-emption right to a quarter section, or any portion of
land in any surveyed or unsurveyed lands in the said Province of
Manitoba, the North-West Territories or the District of Keewatin, or the
right to share in the distribution of any lands allotted to half-breeds,
subject to the following exceptions :-
(a) He shall not be disturbed in the occupation of
any plot on which he has or may have permanent improvements prior to his
becoming a party to any treaty with the Crown ;
(b) Nothing in this section shall prevent the
Government of Canada, if found desirable, from compensating any Indian
for his improvements on such a plot of land without obtaining a formal
surrender therefor from the band;
(c) Nothing in this section shall apply to any person
who withdrew from any Indian treaty prior to the first day of October,
in the year one thousand eight hundred and seventy-four.
Indian undergoing imprisonment for crime not to receive
share of annuity while so imprisoned.
82. Any Indian convicted of any crime
punishable by imprisonment in any penitentiary or other place of
confinement, shall, during such imprisonment, be excluded from
participating in the annuities, interest money, or rents payable to the
band of which he or she is a member ; and when ever any Indian shall be
convicted of any crime punishable by imprisonment in a penitentiary or
other place of confinement, the legal costs incurred in procuring such
conviction, and in carrying out the various sentences recorded, may be
defrayed by the Superintendent-General, and paid out of any annuity or
interest coming to such Indian, or to the band, as the case may be.
Payment of annuity may also be stopped in cases of an
Indian husband deserting his wife, or an Indian wife deserting her
83. The Superintendent-General shall have
power to stop the payment of the annuity and interest money of any
Indian who may be proved, to the satisfaction of the
Superintendent-General, to have been guilty of deserting his or her
family, and the said Superintendent-General may apply the same towards
the support of any family, woman or child so deserted ; also to stop the
payment of the annuity and interest money of any woman having no
children, who deserts her husband and lives immorally with another man.
Indians may be relieved out of the funds of the band,
when sick, etc.
84. The Superintendent-General, in cases where
sick or disabled, or aged and destitute persons are not provided for by
the band of Indians of which they are members, may furnish sufficient
aid from the funds of the band for the relief of such sick, disabled,
aged or destitute persons.
Evidence of unbelieving Indian may be received on his
85. Upon any inquest, or upon any enquiry into
any matter involving a criminal charge, or upon the trial of any crime
or 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 non-treaty Indian, who is
destitute of the knowledge of God and of any fixed and clear belief in
religion or in a future state of rewards and punishments without
administering the usual form of oath to any such Indian, or non-treaty
Indian, 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 on the conscience of such Indian or
Substance of evidence of Indian to be reduced to
writing and signed by him and by judge, and interpreter.
86. Provided that in the case of any inquest,
or upon any enquiry 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, or non-treaty Indian, as
aforesaid, shall be reduced to writing and signed by the person (by mark
if necessary) giving the same, and verified by the signature or mark of
the person acting as interpreter (if any) and by the signature of the
judge, Stipendiary Magistrate or coroner, or justice of the peace or
person before whom such evidence or information has been given.
Indian to be cautioned to tell the truth.
87. The court, judge, Stipendiary Magistrate
or justice of the peace shall, before taking any such evidence,
information or examination, caution every such Indian, or non-treaty
Indian, as aforesaid, that he will be liable to incur punishment if he
do not so as aforesaid tell the truth.
Written declarations, etc., of Indians may be used as
evidence as those of other persons.
88. The written declaration or examination,
made, taken and verified in manner aforesaid, of any such Indian or
non-treaty Indian as aforesaid, may be lawfully read and received as
evidence upon the trial of any criminal suit or proceedings, when under
the like circumstances the written affidavit, examination, deposition or
confession of any other person, might be lawfully read and received as
Effect of solemn affirmation, etc., of Indian.
89. Every solemn affirmation or declaration in
whatever form made or taken by any Indian or non-treaty Indian as
aforesaid shall be of the same force and effect as if such Indian or
non-treaty Indian had taken an oath in the usual form, and he or she
shall, in like manner, incur the penalty of perjury in case of
Punishment for furnishing intoxicants to Indians.
Penalties and their application.
Of commanders of vessels on board of which the same are furnished.
Penalties and their application.
Imprisonment in default of payment.
Punishment of Indians making or having intoxicants, or selling the same
to other Indians.
Fine or imprisonment, or both.
Evidence of Indians.
90. Whoever sells, exchanges with, barters,
supplies or gives to any Indian or non-treaty Indian in Canada, any kind
of intoxicant, or causes or procures the same to be done, or connives or
attempts thereat, or opens or keeps, or causes to be opened or kept on
any reserve or special reserve, a tavern, house or building where any
intoxicant is sold, bartered, exchanged or given, or is found in
possession of any intoxicant in the house, tent, wigwam or place of
abode of any Indian or non-treaty Indian, shall, on conviction thereof
before any judge, Stipendiary Magistrate or two justices of the peace,
upon the evidence of one credible witness other than the informer or
prosecutor, or in the Province of Manitoba, in the District of Keewatin,
in the North-West Territories or in the Province of British Columbia,
upon the evidence of the informer alone if he be a credible person, be
liable to imprisonment for a period not less than one month nor
exceeding six months, with or without hard labour, or be fined not less
than fifty nor more than three hundred dollars, with costs of
prosecution,- one moiety of the fine to go to the informer or
prosecutor, and the other moiety to Her Majesty, to form part of the
fund for the benefit of that body of Indians or non-treaty Indians, with
respect to one or more members of which the offence was committed, or he
shall be liable to both fine and imprisonment in the discretion of the
convicting judge, Stipendiary Magistrate or justices of the peace ; and
the commander or person in charge of any steamer or other vessel, or
boat, from or on board of which any intoxicant has been sold, bartered,
exchanged, supplied or given to any Indian or non-treaty Indian, shall
be liable, on conviction thereof before any judge, Stipendiary
Magistrate or two justices of the peace, upon the evidence of one
credible witness other than the informer or prosecutor, or in the
Province of Manitoba, in the District of Keewatin, in the North-West
Territories or in the Province of British Columbia, upon the evidence of
the informer alone if he be a credible person, to be fined not less than
fifty nor exceeding three hundred dollars for each such offence, with
costs of prosecution,- the moieties of the fine to be applicable as
hereinbefore mentioned ; and in default of immediate payment of such fine
and costs any person so fined shall be committed to any common gaol,
house of correction, lock-up or other place of confinement by the judge,
Stipendiary Magistrate or two justices of the peace before whom the
conviction has taken place, for a period of not less than one nor more
than six months, with or without hard labour, or until such fine and
costs are paid ; and any Indian or non-treaty Indian who makes or
manufactures any intoxicant, or who has in his possession, or concealed,
or who sells, exchanges with, barters, supplies or gives to any other
Indian or non-treaty Indian in Canada any kind of intoxicant, shall, on
conviction thereof, before any judge, Stipendiary Magistrate or two
justices of the peace, upon the evidence of one credible witness other
than the informer or prosecutor, or in the Province of Manitoba, in the
District of Keewatin, in the North-West Territories or in the Province
of British Columbia, upon the evidence of the informer alone if he be a
credible person, be liable to imprisonment for a period of not less than
one month nor more than six months, with or without hard labour, or a
fine of not less than twenty-five or more than one hundred dollars, or
to both fine and imprisonment in the discretion of the convicting judge,
Stipendiary Magistrate or justices of the peace ; and in all cases
arising under this section, Indians or non-treaty Indians shall be
competent witnesses : but no penalty shall be incurred in case of
sickness where the intoxicant is made use of under the sanction of a
medical man or under the directions of a minister of religion.
Keg, etc. in which intoxicants are carried to be
Intoxicants and vessels containing them may be searched for, seized
and destroyed by order of J.P.
Persons in whose possession they are found subject to penalty from $50
Imprisonment in default of payment.
91. The keg, barrel, case, box, package or
receptacle whence any intoxicant has been sold, exchanged, bartered,
supplied or given, and as well that in which the original supply was
contained as the vessel wherein any portion of such original supply was
supplied as aforesaid, and the remainder of the contents thereof, if
such barrel, keg, case, box, package, receptacle or vessel aforesaid
respectively, can be identified,- and any intoxicant imported or
manufactured or brought into and upon any reserve or special reserve, or
into the house, tent, wigwam or place of abode, or on the person of any
Indian or non-treaty Indian, may be searched for, and if found seized by
any Indian superintendent, agent or bailiff, or other officer connected
with the Indian Department, or by any constable wheresoever found on
such land or in such place or on the person of such Indian or non-treaty
Indian: and on complaint before any judge, Stipendiary Magistrate or
justice of the peace, he may, on the evidence of any credible witness
that this Act has been contravened in respect thereof, declare the same
forfeited, and cause the same to be forthwith destroyed ; and may condemn
the Indian or other person in whose possession they were found to pay a
penalty not exceeding one hundred dollars nor less than fifty dollars,
and the costs of prosecution ; and one-half of such penalty shall belong
to the prosecutor and the other half to Her Majesty, for the purposes
hereinbefore mentioned ; and in default of immediate payment, the
offender may be committed to any common gaol, house of correction,
lock-up or other place of confinement, with or without hard labour, for
any time not exceeding six nor less than two months, unless such fine
and costs are sooner paid.
Vessels used conveying intoxicants in contravention of
this Act subject to seizure and forfeiture.
92. When it is proved before any judge,
Stipendiary Magistrate or two justices of the peace that any vessel,
boat, canoe or conveyance of any description upon the sea or sea coast,
or upon any river, lake or stream in Canada, is employed in carrying any
intoxicant, to be supplied to Indians or non-treaty Indians, such
vessel, boat, canoe or conveyance so employed may be seized and declared
forfeited, as in the next preceding section, and sold, and the proceeds
thereof paid to Her Majesty for the purposes hereinbefore mentioned.
Articles exchanged for intoxicants may be seized and
93. Every article, chattel, commodity or thing
in the purchase, acquisition, exchange, trade or barter of which, in
contravention of this Act, the consideration, either wholly or in part,
may be any intoxicant, shall be forfeited to Her Majesty and shall be
seized as in the ninety-first section in respect to any receptacle of
any intoxicant, and may be sold, and the proceeds thereof paid to Her
Majesty for the purposes hereinbefore mentioned.
Intoxicated Indians may be arrested, imprisoned until
sober ; and fined ; and further punished on their refusal to say from whom
they got the intoxicants.
94. It shall be lawful for any constable,
without process of law, to arrest any Indian or non-treaty Indian whom
he may find in a state of intoxication, and to convey him to any common
gaol, house of correction, lock-up or other place of confinement, there
to be kept until he shall have become sober ; and such Indian or
non-treaty Indian shall, when sober, be brought before any judge,
Stipendiary Magistrate or justice of the peace, and if convicted of
being so found in a state of intoxication shall be liable to
imprisonment in any common gaol, house of correction, lock-up or other
place of confinement, for any period not exceeding one month ; and if any
Indian or non-treaty Indian, having been so convicted as aforesaid,
refuses upon examination to state or give information of the person,
place and time from whom, where and when, he procured such intoxicant,
and if from any other Indian or non-treaty Indian, then, if within his
knowledge, from whom, where and when such intoxicant was originally
procured or received, he shall be liable to imprisonment as aforesaid
for a further period not exceeding fourteen days.
Penalties on keepers of boarding houses committing
95. If any person, being the keeper of any
house, allows or suffers any Indian woman to be or remain in such house,
knowing, or having probable cause for believing, that such Indian woman
is in or remains in such house with the intention of prostituting
herself therein, such person shall be deemed guilty of an offence
against this Act, and shall, on conviction thereof, in a summary way,
before any Stipendiary Magistrate, police magistrate or justice of the
peace, be liable to a fine of not less than ten dollars, or more than
one hundred dollars, or to imprisonment in any gaol or place of
confinement other than a penitentiary, for a term not exceeding six
Who shall be deemed the master or mistress of such
96. Any person who appears, acts or behaves as
master or mistress, or as the person having the care, government or
management of any house in which any Indian woman is, or remains for the
purpose of prostituting herself therein, shall be deemed and taken to be
the keeper thereof, notwithstanding he or she may not in fact be the
real keeper thereof.
To what judges only appeal shall lie from conviction
under any of the next preceding seven sections.
97. No appeal shall lie from any conviction
under the seven next preceding sections of this Act, except to a judge
of any superior court of law, county, or circuit, or district court, or
to the chairman or judge of the court of the sessions of the peace,
having jurisdiction where the conviction was had ; and such appeal shall
be heard, tried, and adjudicated upon by such judge without the
intervention of a jury ; and no such appeal shall be brought after the
expiration of thirty days from the conviction.
Want of form not to invalidate conviction.
98. No prosecution, conviction or commitment
under this Act shall be invalid on account of want of form, so long as
the same is according to the true meaning of this Act.
Report of agent when Indian obtains consent of band to
Location ticket on favorable report.
99. Whenever any Indian man, or unmarried
woman, of the full age of twenty-one years, obtains the consent of the
band of which he or she is a member to become enfranchised, and whenever
such Indian has been assigned by the band a suitable allotment of land
for that purpose, the local agent shall report such action of the band,
and the name of the applicant to the Superintendent-General ; whereupon
the Superintendent-General, if satisfied that the proposed allotment of
land is equitable, shall authorize some competent person to report
whether the applicant is an Indian who, from the degree of civilization
to which he or she has attained, and the character for integrity,
morality and sobriety which he or she bears, appears to be qualified to
become a proprietor of land in fee simple ; and upon the favorable report
of such person, the Superintendent-General may grant such Indian a
location ticket as a probationary Indian, for the land allotted to him
or her by the band.
Indians admitted to degrees in Universities etc., may
become enfranchised and receive allotments of land of their band.
(1.) Any Indian who may be admitted to the degree of
Doctor of Medicine, or to any other degree by any University of
Learning, or who may be admitted in any Province of the Dominion to
practice law either as an Advocate or as a Barrister or Counsellor, or
Solicitor or Attorney or to be a Notary Public, or who may enter Holy
Orders, or who may be licensed by any denomination of Christians as a
Minister of the Gospel, may, upon petition to the
Superintendent-General, ipso facto become and be enfranchised
under this Act, and he shall then be entitled to all the rights and
privileges to which any other member of the band to which he belongs
would be entitled were he enfranchised under the provisions of this Act ;
and the Superintendent-General may give him a suitable allotment of land
from the lands belonging to the band of which he is a member.
Patent after certain period of probation.
Proviso : as to ss. 36, 37.
100. After the expiration of three years (or
such longer period as the Superintendent-General may deem necessary in
the event of such Indian's conduct not being satisfactory), the Governor
may, on the report of the Superintendent-General, order the issue of
letters patent, granting to such Indian in fee simple the land which
had, with this object in view, been allotted to him or her by location
ticket. And in such cases compliance with the provisions of sections
thirty-six and thirty-seven and the sub-sections thereof shall not be
Enfranchised Indian to declare name chosen ; and to be
known by it.
Wife and minor children also enfranchised.
Effect of such enfranchisement.
Proviso as to children attaining their majority before their father's
Proviso as to children found unqualified ; or being married.
101. Every such Indian shall, before the issue
of the letters patent mentioned in the next preceding section, declare
to the Superintendent-General the name and surname by which he or she
wishes to be enfranchised and thereafter known, and on his or her
receiving such letters patent, in such name and surname, he or she shall
be held to be also enfranchised, and he or she shall thereafter be known
by such name or surname, and if such Indian be a married man his wife
and minor unmarried children also shall be held to be enfranchised ; and
from the date of such letters patent the provisions of this Act and of
any Act or law making any distinction between the legal rights,
privileges, disabilities and liabilities of Indians and those of Her
Majesty's other subjects shall cease to apply to such Indian, or to the
wife or minor unmarried children of such Indian as aforesaid, so
declared to be enfranchised, who shall no longer be deemed Indians
within the meaning of the laws relating to Indians, except in so far as
their right to participate in the annuities and interest moneys, and
rents and councils of the band of Indians to which they belonged, is
concerned : Provided always, that any children of a probationary Indian,
who being minors and unmarried when the probationary ticket was granted
to such Indian, arrive at the full age of twenty one years before the
letters patent are issued to such Indian, may, at the discretion of the
Governor in Council, receive letters patent in their own names for their
respective shares of the land allotted under the said ticket, at the
same time that letters patent are granted to their parent ; and
provided, that if any Indian child having arrived at the full age of
twenty-one years, during his or her parents' probationary period, be
unqualified for enfranchisement, or if any child of such parent, having
been a minor at the commencement of such period, be married during such
period, then a quantity of land equal to the share of such child shall
be deducted in such manner as may be directed by the
Superintendent-General, from the allotment made to such Indian parent on
receiving his probationary ticket.
Case of Indian failing to qualify, or dying before
expiration of probation.
As to children of probationary or enfranchised widows.
102. If any probationary Indian should fail in
qualifying to become enfranchised, or should die before the expiration
of the required probation, his or her claim, or the claim of his or her
heirs, to the land for which a probationary ticket was granted, or the
claim of any unqualified Indian, or of any Indian who may marry during
his or her parents' probationary period, to the land deducted under the
operation of the next preceding section from his or her parents'
probationary allotment, shall in all respects be the same as that
conferred by an ordinary location ticket, as provided in the
seventeenth, eighteenth, nineteenth and twentieth sections of this Act.
As to children of a widow enfranchised etc.
103. The children of any widow who becomes
either a probationary or enfranchised Indian shall be entitled to the
same privileges as those of a male head of a family in like
Rules for allotting lands to probationary Indians.
Proviso as to power of band in this behalf.
104. In allotting land to probationary
Indians, the quantity to be located to the head of a family shall be in
proportion to the number of such family, compared with the total
quantity of land in the reserve, and the whole number of the band ; but
any band may determine what quantity shall be allotted to each member
for enfranchisement purposes, provided each female of any age, and each
male member under fourteen years of age, receive not less than one-half
the quantity allotted to each male member of fourteen years of age and over.
As to Indians not members of the band but permitted to
reside on their reserve.
105. Any Indian, not a member of the band, or
any non- treaty Indian, who, with the consent of the band and the
approval of the Superintendent-General, has been permitted to reside
upon the reserve, or obtain a location thereon, may, on being assigned a
suitable allotment of land by the band for enfranchisement, become
enfranchised on the same terms and conditions as a member of the band ;
and such enfranchisement shall confer upon such Indian the same legal
rights and privileges, and make such Indian subject to such disabilities
and liabilities as affect Her Majesty's other subjects ; but such
enfranchisement shall not confer upon such Indian any right to
participate in the annuities, interest moneys, rents or councils of the
Provision when band decides that its members may become
Or when Indian becomes qualified by exemplary conduct.
If such Indian be a married man or widow.
And as to unmarried children of any such enfranchised and married
106. Whenever any band of Indians, at a
council summoned for the purpose according to their rules, and held in
the presence of the Superintendent-General, or an agent duly authorized
by him to attend such council, decides to allow every member of the band
who chooses, and who may be found qualified, to become enfranchised, and
to receive his or her share of the principal moneys of the band, and
sets apart for such member a suitable allotment of land for the purpose,
any applicant of such band, after such a decision, may be dealt with as
provided in the seven next preceding sections until his or her
enfranchisement is attained ; and whenever any member of the band, who
for the three years immediately succeeding the date on which he or she
was granted letters patent, (or for any longer period that the
Superintendent-General may deem necessary,) by his or her exemplary good
conduct and management of property, proves that he or she is qualified
to receive his or her share of such moneys, the Governor may, on the
report of the Superintendent-General to that effect, order that the said
Indian be paid his or her share of the capital funds at the credit of
the band, or his or her share of the principal of the annuities of the
band, estimated as yielding five per cent., out of such moneys as may be
provided for the purpose by Parliament ; and if such Indian be a married
man then he shall also be paid his wife's and minor unmarried children's
share of such funds and other principal moneys, and if such Indian be a
widow, she shall also be paid her minor unmarried children's share ; and
the unmarried children of such married Indians, who become of age during
the probationary period either for enfranchisement or for payment of
such moneys, if qualified by the character for integrity, morality and
sobriety which they bear, shall receive their own share of such moneys
when their parents are paid ; and if not so qualified before they can
become enfranchised or receive payment of such moneys they must
themselves pass through the probationary periods ; and all such Indians
and their unmarried minor children who are paid their share of the
principal moneys of their band as aforesaid, shall thenceforward cease
in every respect to be Indians of any class within the meaning of this
Act, or Indians within the meaning of any other Act or law.
Provision as to Indians in British Columbia, Manitoba,
the N. W. Territories or Keewatin.
107. Sections ninety-nine to one hundred and
six, both inclusive, of this Act, shall not apply to any band of Indians
in the Province of British Columbia, the Province of Manitoba, the
North- West Territories, or the District of Keewatin, save in so far as
the said sections may, by proclamation of the Governor-General, be from
time to time extended, as they may be, to any band of Indians in any of
the said provinces or territories.
Before whom affidavits to be used under this Act may be
108. All affidavits required under this Act,
or intended to be used in reference to any claim, business or
transaction in connection with Indian Affairs, may be taken before the
Judge or Clerk of any County or Circuit Court, or any Justice of the
Peace, or any Commissioner for taking affidavits in any of the Courts,
or the Superintendent-General, or his Deputy, or any Inspector of Indian
Agencies, or any Indian Agent, or any Surveyor duly licensed and sworn,
appointed by the Superintendent-General to enquire into or take evidence
or report in any matter submitted or pending before such
Superintendent-General, or if made out of Canada, before the Mayor or
Chief Magistrate of, or the British Consul in, any city, town or
municipality, or before any Notary Public ; and any wilfully false
swearing in any such affidavit shall be perjury.
Certified copies of official papers to be evidence.
109. Copies of any records, documents, books
or papers belonging to or deposited in the Department of Indian Affairs
attested under the signature of the Superintendent-General or of his
Deputy shall be competent evidence in all cases in which the original
records, documents, books or papers, could be evidence.
Governor in Council may exempt from operation of this
Act ; and remove such exemption.
110. The Governor in Council may, by
proclamation from time to time, exempt from the operation of this Act,
or from the operation of any one or more of the sections of this Act,
Indians or non-treaty Indians, or any of them, or any band or irregular
band of them, or the reserves or special reserves, or Indian lands or
any portions of them, in any Province, in the North-West Territories, or
in the District of Keewatin, or in either of them, and may again, by
proclamation from time to time, remove such exemption.
Governor to appoint officers, etc., to be paid out of
moneys appropriated by Parliament.
111. The Governor may, from time to time,
appoint officers and agents to carry out this Act, and any Orders in
Council made under it,- which officers and agents shall be paid in such
manner and at such rates as the Governor in Council may direct out of
any fund that may be appropriated by law for that purpose.
Acts and parts of Acts repealed.
Saving clause as to things done, etc.
How this Act shall be construed.
112. The Act passed in the thirty-ninth year
of Her Majesty's reign and chaptered eighteen, and the Act passed in the
forty-second year of Her Majesty's reign and chaptered thirty-four, are
hereby repealed, with so much of any other Act or law as may be
inconsistent with this Act, or as makes any provision in any matter
provided for by this Act, except only as to things done, rights
acquired, obligations contracted, or penalties incurred before the
coming into force of this Act ; and this Act shall be construed not as a
new law but as a consolidation of those hereby repealed in so far as
they make the same provision that is made by this Act in any matter
hereby provided for.
Repealed Acts not to revive.
113. No Act or enactment repealed by any Act
hereby repealed shall revive by reason of such repeal.