The Revised Statutes of New Brunswick/Of Indian Reserves

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CHAPTER 85

Of Indian Reserves

Surveys of Reserves authorized, by whom.

1. The Governor in Council shall cause surveys to be made of the Indian Reserves, or such parts thereof, in Counties where the same are situated, as they deem expedient; the surveys to distinguish the improved lands, the forests, and lands fit for settlement, with such other information as may be required.

Selling and leasing them, how.

2. The Governor in Council shall cause such Reserves, or any part thereof, to be leased or sold under the direction of the local Commissioners to the highest bidder, at public auction, in the Shire Town, giving sixty days previous notice thereof in the Royal Gazette, and posting handbills in three of the most public places in the County where the lands lie, upon the conditions determined by the Governor in Council, the term of lease not to exceed fifty years.

Appointment of commissioners, and their duties.

3. The Governor in Council shall appoint Commissioners, not exceeding three for each County containing such Reserves, who shall look after the same, superintend the survey and sale thereof under the provisions of this Chapter, take charge of the interests of the Indians generally in their respective Counties, and prevent trespassing on the Reserves.

Further duties of Commissioners.

4. The said Commissioners shall faithfully perform their duties, keep a correct account of the lands leased and sold under their supervision, and the proceeds of the same, and of all other moneys by them received for the benefit of the Indians from any source, and make semi-annual returns of their doings, receipts, and expenditures, on oath, with the necessary vouchers, to the Governor in Council.

Proceeds of sales and leases, to whom paid. Expenses and Commissioners' remuneration.

5. The proceeds arising from the sales and leases, with the rents and profits of such Reserves, shall be paid to the local Commissioners respectively, who shall semi-annually pay such proceeds to the Provincial Treasurer, retaining five per cent, on all moneys received and paid by them respectively for their trouble, with the costs of survey and necessary expenses.

Separate account to be kept, by whom.

6. The said Treasurer shall keep a distinct and separate account of all moneys so paid to him by the Commissioners, shewing the amount received from each County.

Proceeds, how appropriated.

7. The proceeds annually arising from the sales and leases, rents and profits aforesaid, deducting expenses, shall be applied to the exclusive benefit of the Indians as far as practicable in the following manner: first, for the relief of indigent and infirm Indians; second, for procuring seed, implements of husbandry, and domestic animals, as the Governor may direct. The money shall be drawn from the Treasury by Warrant of the Governor in favour of the local Commissioners as required, the amount annually to be drawn shall not exceed the amount of the rents and profits realized from the Reserves the preceding year, and the annual interest of the purchase money of the lands sold and paid to the Treasurer.

Proceeds to bear interest, when.

8. All the moneys so paid into the hands of the Treasurer shall be on interest from one month thereafter until paid out, which interest shall be provided for by an annual grant of the Legislature.

Improvements of persons in possession protected, when.

9. In selling, leasing, or disposing of the Indian lands, or portions thereof, regard shall be had to the improvements made by the person in possession, whether under sale or leased from the Indians, or otherwise, so as to secure to him a just remuneration for such improvements.

Villages and Town Plats laid off, and grants to Indians, when, and by whose order.

10. The local Commissioners, under the direction of the Governor in Council, shall lay off any tract of such Reserves, or any part thereof, into villages or town plats for the exclusive benefit of the Indians of their County, the same consisting of not more than fifty nor less than five acres; location tickets of these lands free of expense shall be granted to such Indians as the Governor in Council may deem fit objects therefor, to any of whom the Governor in Council may make absolute grants thereof free of expense, after they shall have resided upon and improved the same for at least ten years.

Grant to carry on surveys, extent of, and how refunded.

11. To provide for the surveys and the carrying the provisions of this Chapter into effect, the Governor in Council may draw by Warrant from the Treasury a sum not exceeding one hundred and fifty pounds, which shall be refunded from the proceeds of the Indian lands.

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