7. All Acts and parts of Acts inconsistent with the pro- Repeal. visions of this Act are hereby repealed.

SCHEDULE.-New Brunswick.-Continued.

Contents (nearly).

and River St. John, County York...[Originally a military reserve, and under

200

0

34

Bay Chaleurs, County Restigouche.... Provincial Grant as a military reserve, 7th August, 1838..

24

18

3

Shelburne Harbour, Navy and Commissary Islands..

Under Order in Council, 26th June, 1874,
and by deed of conveyance from the
Admiralty dated 28th November, 1874.

27 3

VOL I-18

CHAP.

Preamble.

Seat. 3 of 39

section 3 amended.

CHAP. 34.

An Act to amend "The Indian Act, 1876."

[Assented to 15th May, 1879.]

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as follows:

1. Paragraph (e) of sub-section three, of section three of V., c. 18, sub- "The Indian Act 1876," is hereby amended by adding at the end thereof the words "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."

Section 16 repealed.

New section

Punishment

of persons trespassing on Indian Reserves.

2. Section sixteen of the Act aforesaid is hereby repealed, and the following section substituted in lieu thereof :

"16. If any person or Indian, other than an Indian of the substituted. 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

Recovery of of penalties

with paid.

2

pay

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 Or by imliable therefor to be imprisoned in the common gaol of the prisonment. 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 dis- And if the tress or sale, if the amount thereof has not been made, or if amount is not any part of it remains unpaid, the said Superintendent- the warrant. 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 Application Receiver-General to be disposed of for the use and benefit of of penalties. the band of Indians for whose benefit the reserve is held, in such manner as the Governor in Council may direct."

levied under

amended.

3. Section seventeen of the said Act is hereby amended Section 17 by adding thereto the words "and similar proceedings may be had for the recovery thereof as are provided for in the next preceding section."

4. Section sixty-three of the said Act is hereby amended Section 63 by adding to the fourth subsection thereof the words "also amended. for the protection of sheep ;"

And by substituting for the words "maintenance of" in the fifth subsection thereof, the words "construction and maintenance of water courses ;"

And by adding to the said section the two following subsections:

"9. The repression of noxious weeds;

"10. 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."

5. Section sixty-nine of the said Aot is hereby amended Section 69 by striking out the words "or otherwise, howsoever," in the amended. fourth line thereof, and by adding at the end of the said section

VOL I-181

the