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Report of the Committee "to whom the petition of certain persons trespassers upon the lands reserved for the Indians at Wagamatook [sic] in the county of ca pe Breton together with a variety of other papers connected with the subject." Dated at Halifax.
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Surveyor General of Cape Breton who appears to be well acquainted with the subject and a suitable person to act in the behalf of Government on this occasion, should be authorized to remove all the persons from these reserves as soon and with as little injury to themselves as possible. Where buildings have been erected which cannot easily be removed the Committee recommend that leases should be granted to the owners for short periods and at a small rent to give time for removal at as little loss as possible. The lessees in the mean time to make no further erections or improvements and the Indians to be made acquainted with the measures taken by the Government for their protection and to have the benefit of any rents which may be received. "

Connected with this subject, and embarrassing the Government still further is the demand made of payment for services in the prosecution of the trespassers. The Costs taxed for the Chief Justice, Attorney General, Clerk of the Crown and Sheriff amount to ninety nine pounds, one shilling. As opinion seems to prevail that the then just named great officers of the Crown are rewarded by Salaries in lieu of fees for any services which they may be required by the Government to perform in their official characters. Should this opinion be incorrect, great inconvenience may arise in protecting the right of the Crown as the Executive has no fund out of which payment for such services may be made. In respect of the Sheriff's demand the Committee can only observe that altho' this officer has no salary and is not paid any fees for summoning juries, arresting criminals, and a variety of other services which he performs for the Crown, yet the Office is eagerly sought after, and much interest frequently made to obtain it, and it may be presumed, with a perfect understanding that he will not be paid for the service of process in criminal prosecutions. The Committee are of opinion that this subject requires the early attention of Your Excellency

that


Date: 1838

Retrieval no.: Commissioner of Public Records — Mi'kmaq and Government Relations series Nova Scotia Archives RG 1 volume 430 number 187

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