CHAP. 35. An Act further to amend the Indian Act. [Assented to 22nd July, 1895.] ER Majesty, by and with the advice and consent of the follows: c. 32, s. 3 1. The section substituted for section thirty-eight of The R.S.C., c. 43, Indian Act, chapter forty-three of the Revised Statutes, by s. 38 and 1894 section three of chapter thirty-two of the Statutes of 1894 is amended. hereby repealed and the following substituted therefor : or lease of reserves. "38. No reserve or portion of a reserve shall be sold, Provisions realienated or leased until the same has been released or surren- specting sale dered to the Crown for the purposes of this Act; provided that the superintendent general may lease, for the benefit of any Indian, upon his application for that purpose, the land to which he is entitled without the same being released or surrendered." 2. Section seventy of The Indian Act is hereby repealed R.S.C., c. 43 and the following substituted therefor :— s. 70 amended. Council may direct invest of Indian made there "70. The Governor in Council may, subject to the provi- Governor in sions of this Act, direct how, and in what manner, and by whom, the moneys arising from the disposal of Indian lands, ment and or of property held or to be held in trust for Indians, or timber management on Indian lands or reserves, or from any other source for the funds and benefit of Indians, (with the exception of such sum not exceed payments ing ten per cent of the proceeds of any lands, timber or property, from. as is 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 are 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 incidental to the management of reserves, lands, property and moneys under the provisions of this Act, and may authorize and direct the expenditure of such moneys for the construction or repair of 119 roads, Section 75 amended. Governor in Council may provide for election of chiefs. roads, bridges, ditches and watercourses on such reserves or lands, for the construction of school buildings, and by way of contribution to schools attended by such Indians." 3. Section seventy-five of The Indian Act is hereby repealed and the following substituted therefor : "75. Whenever the Governor in Council deems it advisable, for the good government of a band, to introduce the system of election of chiefs or headmen, he may provide that the chiefs or headmen of any band of Indians shall be elected, as hereinafter provided, at such time and place as the superinTerm of chief- tendent general directs; and they shall, in such case, be elected for a term of three years: tainship. Provisions as to number of chiefs. As at present life chiefs. Reasons for which election may be set aside. "2. Bands containing thirty or more Indians shall be entitled to elect chiefs or headmen in the proportion of one for each thirty members; but no band shall have more than fifteen chiefs or headmen: Provided that life chiefs, now living, shall continue to hold the rank of chief until death or resignation, or until their removal, by the Governor in Council, for dishonesty, intemperance, immorality or incompetency; but in the event of the Governor in Council providing that the chiefs or headmen of a band shall be elected, the life chiefs or headmen shall not exercise the powers of chiefs or headmen, unless elected, under the provision aforesaid, to the exercise of such powers: "3. An election may be set aside by the Governor in Council on the report of the superintendent general, if it is proved by two witnesses before the Indian agent for the locality or such other person as is deputed by the superintendent general to take evidence in the matter, that fraud or gross irregularity was practised at the said election; and every Indian who is Punishment of proved guilty of such fraud or irregularity, or connivance fraud, etc., at thereat, may be declared ineligible for re-election for six years, if the Governor in Council, on the report of the superintendent general, so directs: elections. Grounds on which chiefs ed. "4. Any elected or life chief or headman, or any chief or may be depos headman chosen according to the custom of any band, may, on the ground of dishonesty, intemperance, immorality or incompetency, be deposed by the Governor in Council and declared ineligible to hold the office of chief or headman for three years." New section 88a added. Payment to individual Indians of share of moneys of band. 4. The Indian Act is hereby amended by adding the following section thereto, immediately after section eighty-eight :"88A. Whenever any member of a band, for three years immediately succeeding the date on which he was granted letters patent, or for any longer period that the superintendent general deems necessary, by his exemplary good conduct and management of property proves that he is qualified to receive his share of the moneys of such band, the Governor in Council may, on the report of the superintendent general to that effect, order that the said Indian be paid his 120 share share of the capital funds at the credit of the band, or his share of the principal of the annuities of the band, estimated as yielding five per cent, out of such moneys as are provided for the purpose by Parliament: and widows' "2. If such Indian is a married man he shall also be paid his Married men's wife's and minor unmarried children's shares of such funds shares. and principal moneys, and if such Indian is a widow, she shall also be paid her minor unmarried children's shares: married chil "3. The unmarried children of such married Indians who Shares of unbecome of age during the probationary period, for payment dren of full of such moneys, if qualified by the character for integrity, age. 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 receive payment of such moneys they must themselves pass through the probationary period: ment of indi "4. All such Indians, and their unmarried minor children, Enfranchisewho are paid their shares of the principal moneys of their band, vidual Indians as aforesaid, shall thenceforward cease, in every respect, to be so receiving Indians of any class within the meaning of this Act, or Indians shares. within the meaning of any other Act or law." 5. Section ninety-three of The Indian Act is hereby repealed Section 93 and the following substituted therefor: amended. when band come enfran "93. If any band, at a council summoned for the purpose Provision according to their rules, and held in the presence of the sup- decides that erintendent general, or an agent duly authorized by him to all its memattend such council, decides to allow every member of the band bers may bewho chooses, and who is found qualified, to become enfranchised, chised. 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 belonging to such band, or the wife and children of any such applicant, may, after such decision, be dealt with as provided in the foregoing provisions respecting enfranchisement and the payment to enfranchised Indians of their shares of the capital funds at the credit of the band or of the estimated principal of the annuities of the band to which they are entitled." 6. Section one hundred and fourteen of The Indian Act is Section 114 amended. hereby repealed and the following substituted therefor : certain festiv whereat pre animal bodies "114. Every Indian or other person who engages in, or Celebrating assists in celebrating or encourages either directly or indirectly als, dances or another to celebrate, any Indian festival, dance or other cere- ceremonies mony of which the giving away or paying or giving back of sents are made money, goods or articles of any sort forms a part, or is a or human or feature, whether such gift of money, goods or articles takes are mutilated. place before, at, or after the celebration of the same, and every Indian or other person who engages or assists in any celebration or dance of which the wounding or mutilation of the dead or living body of any human being or animal forms a part or is Indictable a feature, is guilty of an indictable offence and is liable to impri- offence. 121 sonment Proviso. Section 117 further amended. to be ex officio peace. sonment for a term not exceeding six months and not less than two months; but nothing in this section shall be construed to prevent the holding of any agricultural show or exhibition or the giving of prizes for exhibits thereat." 7. Section one hundred and seventeen of The Indian Act as enacted by section eight of chapter thirty-two of the Statutes of 1894, is hereby repealed, and in lieu thereof it is hereby enacted that every Indian agent shall, for all the purposes of Indian agents The Indian Act or of any other Act respecting Indians, and with justices of the respect to any offence against the provisions thereof or against the provisions of section ninety-eight or section one hundred and ninety of The Criminal Code, 1892, and with respect to any offence by an Indian or non-treaty Indian against any of the provisions of parts XIII. and XV. of the said Code, be ex officio a justice of the peace, and have the power and authority of two justices of the peace, anywhere within the territorial limits of his jurisdiction as a justice, as defined in his appointment or otherwise defined by the Governor in Council, whether the Indian or non-treaty Indian charged with or in any way concerned in or affected by the offence, matter or thing to be tried, investigated or dealt with, is or is not within his ordinary jurisdiction, charge or supervision as an Indian agent. Jurisdiction. Special jurisdiction of In dian agents in the N.-W. Territories, British Co lumbia. "2. In the North-west Territories and the provinces of Manitoba and British Columbia every Indian agent shall for all such purposes and with respect to any such offence be ex Manitoba and officio a justice of the peace and have the power and authority of two justices of the peace anywhere in the said territories or provinces, whether or not the territorial limits of his jurisdiction as a justice, as defined in his appointment or otherwise defined as aforesaid, extend to the place where he may have occasion to act as such justice or to exercise such power or authority, and whether the Indians charged with or in any way concerned in or affected by the offence, matter or thing to be tried, investigated or otherwise dealt with, are or are not within his ordinary jurisdiction, charge or supervision as Indian agent." New sections 140 and 141 added. Transfer of Indian from one band to another, and provision as to capital moneys in such case. 8. The Indian Act is hereby amended by adding the following sections thereto :— 140. When by a majority vote of a band, or the council of a band, an Indian of one band is admitted into membership in another band, and his admission thereinto is assented to by the superintendent general, such Indian shall cease to have any interest in the lands or moneys of the band of which he was formerly a member, and shall be entitled to share in the lands and moneys of the band to which he is so admitted; but the superintendent general may cause to be deducted from the capital of the band of which such Indian was formerly a member his per capita share of such capital and place the same to the credit of the capital of the band into membership in which he had been admitted in the manner aforesaid. purchase money or in "141. The Governor in Council may reduce the purchase Reduction of money due or to become due on sales of Indian lands, or reduce or remit the interest on such purchase money, or reduce the terest due on rent at which Indian lands have been leased, when he considers lands. the same to be excessive; and all such reductions heretofore made are hereby confirmed. sales of Indian "2. A return setting forth all the reductions and remissions Returns to made under this section during the preceding fiscal year shall Parliament. be submitted to both Houses of Parliament on or before the twentieth day of July in each year, if Parliament be then sitting, and otherwise within twenty days after the opening of the then ensuing session of Parliament." OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |