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9
The Act.
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An Act to provide for the Instruction and permanent Settlement of the Indians.

Whereas, it is proper to provide for the Education and Civilization of the Aboriginal Inhabitants of this Province, and for the preservation and productive application for their use of the Lands in different parts of the Province, set part as Indian Reservations -- for these objects, therefor--

Be it enacted, by the Lieutenant-Governor, Council and Assembly, That it shall and may be lawful for the Governor to appoint from time to time, during pleasure, a fit and proper person to be Commissioner for Indian Affairs, who, upon entering on the Office, shall give security for the faithful performance of its duties, to the satisfaction of the Governor and Her Majesty's Executive Council.

And be it enacted, That it shall be lawful for the Governor, by and with the advice of Her Majesty's Executive Council, from time to time to issue instructions to the said Commissioner for his guidance, in performing the duties of his said office, and to revoke, alter, and modify the same, as may be thought proper.

And be it enacted, That under and in subordination to such instructions, it shall be the duty of the said Commissioner for the time being to take the supervision and management of all Lands that now are or may hereafter be set apart as Indian Reservations, or for the use of the Indians, to ascertain and define their Boundaries, to discover and report to the Governor all cases of intrusion, and of the transfer or sale of the said Lands-or of their use or possession by the Indians; and generally to protect the said Lands from encroachment and alienation, and preserve them for the use of the Indians.

And be it enacted, That in cases where there have been, or hereafter may be, erected or made valuable buildings or improvements on such Lands, it shall be in the power of the Governor, by and with the advice of Her Majesty's Executive Council, to make agreements with the persons who shall have made the same, or those claiming under them, either by way of satisfaction and compensation, for the value of the Lands so improved, with so much adjacent Land as may be necessary, or by way of rent or allowance for the use of such Lands, for such term of years, and under such considerations, as may be expressed in the agreements--and all such agreements shall inure by way of Sale or devise as may be therein expressed, and shall convey a legal title
to the parties accordingly; and all monies receeived [received] in compensation or satisfaction, as aforesaid, shall be laid out either in the purchase of other Lands for the use of the Indians, or in some other manner, for their permanent benefit, as shall seem most advisable to the Governor, by and with such advice as aforesaid.

And be it enacted, That in all cases of intrusion, encroachment, or unauthorized settlement or improvement upon any such Lands as aforesaid, it shall be lawful to proceed by information, in the name of Her Majesty, before Her Majesty's Supreme Court at Halifax, or in the County where the Lands may lie, notwithstanding the legal title by Grant or otherwise may not be vested in Her Majesty.

And be it enacted, That it shall be the duty of such Commissioner under such instructions, to put himself in communication with the Chiefs of the different Tribes of the Micmac Race throughout the Province, to explain to them the wishes of the Government, and to invite them to co-operate in the permanent Settlement and Instruction of their people; that it shall be his duty subject to such instructions as aforesaid, to parcel out to each head of a family a portion of the reservations, with such limited power of alienation to Indians only as the said Instructions may from time to time authorise, and also to aid them in the purchase of implements and stock, with such moderate assistance from the funds placed at his disposal, as they may seem from time, by their industry and sobriety, to deserve, to aid in the erection of a dwelling for each Chief, a School House and place of Worship, and generally to take such measures as, in his discretion, subject always to such instructions as may seem necessary, to carry out the objects of this Act.

And be it enacted, That such Commissioner shall have power to make arrangements with the Trustees or Teachers of any Schools or Academies throughout the Province for the board and tuition of such number of Indian Children as may be desirous of acquiring Education; and, whenever necessary, the expenses shall be paid out of the funds placed at his disposal.

And it be enacted, That in order to form a permanent fund, applicable to the purposes of this Act, the Commissioner shall be authorized to raise subscription, to apply for contributions from Charitable Institutions, either in this Province, or elsewhere, and to draw from the Treasury, by Warrant from the Governor, issued from time to time, and in such portions as to the Governor shall seem requisite and proper, such sum or sums of Money as may from time to time be granted by the Legislature for that purpose

And be it enacted, That the said Commissioner shall, at the close of every year, furnish the Governor, to be laid before the two Branches of the Legislature, a detailed report of his proceedings, and an account of his receipts and expenditures, together with the names of each Chief for the time being -- the number of heads of Families settled, and Children educated -- and generally, such other information as may enable the Governor and the Legislature to judge of the value and correctness of his proceedings.

And be it enacted, That the word Governor, whenever it is used in this Act, shall be deemed, held and taken, to mean, include and apply, to the Governor, Lieutenant-Governor, or other Officer or person administering the Government of this Province, for the time being ; and that whenever in this Act, with reference to any person or matter the singular and the plural number shall be expressed, such expression shall be understood to include and mean several persons or matters as well as one person or matter, and one person or matter as well as several persons and matters, unless it be otherwise specially provided, or the subject or context be repugnant to such construction.