Archived - CHAP. 17. An Act to amend "The Indian Act, 1880."
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Date: Assented to 21st March, 1881
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| Preamble. | Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:- |
| Governor in Council may make regulations for prohibiting or regulating sale of produce by Indians. Publication. |
1. The Governor in Council may make such provisions and regulations as may, from time to time, seem advisable for prohibiting or regulating the sale, barter, exchange or gift, by any band or irregular band of Indians, or by any Indian of any band or irregular band, in the North-West Territories, the Province of Manitoba, or the District of Keewatin, any grain or root crops, or other produce grown upon any Indian Reserve in the North-West Territories, the Province of Manitoba, or the District of Keewatin ; and may further provide that such sale, barter, exchange or gift shall be absolutely null and void unless the same be made in accordance with the provisions and regulations made in that behalf. All provisions and regulations made under this Act shall be published in the Canada Gazette |
| Penalty for buying from Indians contrary to such regulations. | 2. Any person who buys or otherwise acquires from any such Indian, or band, or irregular band of Indians, contrary to any provisions or regulations made by the Governor in Council under this Act, is guilty of an offence, and is punishable, upon summary conviction, by fine, not exceeding one hundred dollars, or by imprisonment for a period not exceeding three months, in any place of confinement other than a penitentiary, or by both fine and imprisonment. |
| Superintendent General may direct seizure of produce unlawfully possessed by any person. | 3. If any such grain or root crops or other produce as aforesaid, be unlawfully in the possession of any person, within the intent and meaning of this Act, and of any provisions or regulations made by the Governor in Council, under this Act, 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 or any officer or person thereunto by him authorized, may direct. |
| Governor in Council may prohibit cutting of trees on reserves. |
4. The Governor in Council may make such provisions and regulations as may, from time to time, seem advisable, for prohibiting the cutting, carrying away or removing from any reserve or special reserve, of any hard or sugar-maple tree or sapling. |
| Penalty for contravention of such regulations. | 5. Any person who cuts, carries away or removes from any reserve or special reserve any hard or sugar-maple tree or sapling, or buys or otherwise acquires from any Indian or non-treaty Indian or other person, any hard or sugar maple tree or sapling so cut, carried away or removed from any reserve or special reserve, contrary to any provisions or regulations made by the Governor in Council under this Act, is guilty of an offence, and is punishable upon summary conviction by fine not exceeding one hundred dollars, or by imprisonment for a period not exceeding three months, or by both fine and imprisonment. |
| Who may act as a Justice, or as two Justices of the
Peace. 43 V., c. 28. |
6. Any one Judge, Judge of Sessions of the Peace, Recorder, Police Magistrate, District Magistrate or Stipendiary Magistrate, sitting at a police court or other place appointed in that behalf, for the exercise of the duties of his office, shall have full power to do alone whatever is authorized by "The Indian Act, 1880," to be done by a Justice of the Peace or by two Justices of the Peace. |
| Jurisdiction in city or town to give jurisdiction in surrounding county or district. | 7. Any Recorder, Police Magistrate or Stipendiary Magistrate, appointed for or having jurisdiction to act in any city or town shall, with respect to offences and matters under "The Indian Act, 1880," have and exercise jurisdiction over the whole county or union of counties or judicial district in which the city or town for which he has been appointed or in which he has jurisdiction, is situate. |
| Section 23 of 43 V., c. 28, repealed. | 8. Section twenty-three of "The Indian Act, 1880," is hereby repealed, and the following substituted therefor:- |
| New section. Removal of persons or Indians settling, &c., illegally on Indian reserves. |
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 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 person shall accordingly remove or notify every 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 ordinary suit." |
| Section 30 repealed. | 9. Section thirty of "The Indian Act, 1880," is hereby repealed, and the following substituted therefor :- |
| New section. Sheriffs, &c. to assist in such removal. |
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, and all other persons to whom such process is directed with their consent, shall obey the same ; and all other officers shall, upon reasonable requisition, assist in the execution thereof." |
| Section 90 of 43 V., c, 28, amended. | 10. Section ninety of the said Act is hereby amended by adding after the words, "or non-treaty Indian," in the ninth line thereof, the words, "or of any person, or upon any other part of the reserve or special reserve, or sells, exchanges with, barters, supplies or gives to any person on any reserve or special reserve, any kind of intoxicant-." |
| Section 91 of 43 V., c. 28, amended. | 11. Section ninety-one of "The Indian Act, 1880," is hereby amended by striking out of the eleventh line thereof the word "may," and inserting in lieu thereof the words, "or suspected to be upon any reserve or special reserve, may, upon a search warrant in that behalf being granted by any Judge, Stipendiary Magistrate or Justice of the Peace-." |
| Indian Commissioner, &c., to be ex officio Justices of the Peace. | 12. Every Indian Commissioner, Assistant Indian Commissioner, Indian Superintendent, Indian Inspector or Indian Agent shall be ex officio a Justice of the Peace for the purposes of this Act. |
| Informer may give evidence under 43 V., c.28. | 13. In all cases in "The Indian Act, 1880," where it is provided that the conviction must take place on the evidence of one credible witness other than the informer or prosecutor, the informer or prosecutor shall nevertheless be allowed to give evidence. |
| Appointment of Assistant Indian Commissioners. | 14. The Governor in Council may appoint an Assistant Indian Commissioner for Manitoba, Keewatin and the North-West Territories or an Assistant Indian Commissioner for Manitoba and Keewatin, and an Assistant Indian Commissioner for the North-West Territories, with such of the powers and duties of the Commissioner, and such other powers and duties as may be provided by Order in Council. |