and any other intoxicating drug or substance, and tobacco or tea mixed or compounded or impregnated with opium or with other intoxicating drug or substance, and whether the same, or any of them, be liquid or solid." not to invali "6. No prosecution, conviction, or commitment under this Want of form Act shall be invalid on account of want of form so long the same is according to the true meaning of this Act." as date proceed ings under this Act. 2. The following shall be taken and read as a part of the 31 V., c. 42, s. fourteenth section of the thirty-first Victoria, chapter forty- 14 amended. two, that is to say: "Nor shall the same be sold, bartered, exchanged or given Certain sales, by any tribe, band or body of Indians, or any Indian of any to be exchanges, such tribe, band or body to any person or persons other void. than a tribe, band or body of Indians or any Indian of any tribe; and any such sale, barter, exchange or gift, shall be absolutely null or void, unless any such sale, barter, exchange or gift be made with the written assent of the Indian agent; and any person who may buy or otherwise Punishment acquire any presents or property purchased as aforesaid &c. without the written consent of the Indian agent as aforesaid shall be guilty of a misdemeanor, and be punishable by fine not exceeding two hundred dollars, or by imprisonment not exceeding six months in any place of confinement other than a Penitentiary." of purchaser, which In evidence in 3. Upon any inquest, or upon any enquiry into any mat- Manner in ter involving a criminal charge, or upon the trial of any dians, &c., crime or offence whatsoever, or by whomsoever committed, may give it shall be lawful for any Court, Judge, Stipendiary Magis- criminal trate, Coroner or Justice of the Peace to receive the evidence cases. of any Indian or aboriginal native or native of mixed blood, who is destitute of the knowledge of God, and of any fixed and clear belief in religion or in a future state of rewards and punishments, without administering the usual form of oath to any such Indian, aboriginal native or native of mixed blood as aforesaid, upon his solemn affirmation or declaration to tell the truth, the whole truth and nothing but the truth, or in such form as may be approved by such Court, Judge, Stipendiary Magistrate, Coroner or Justice of the Peace, as most binding in his conscience: vision in the 4. Provided that in the case of any inquest, or upon any Further proinquiry into any matter involving a criminal charge, or upon same matter. the trial of any crime or offence whatsoever, the substance of the evidence or information of any such Indian, aboriginal native or native of mixed blood as aforesaid, shall be reduced to writing, and signed by a mark of the person giving the same, Court to warn Indian of his liability to punishment for false statement. When written declarations of Indians in criminal same, and verified by the signature or mark of the person acting as interpreter (if any), and of the judge, stipendiary magistrate, coroner or the Justice of the Peace or person before whom such information shall have been given. 5. The court, judge, stipendiary magistrate or Justice of the Peace shall, before taking any such evidence, information or examination, caution every such Indian, aboriginal native or native of mixed blood as aforesaid, that he will be liable to incur punishment if he do not so as aforesaid tell the truth. 6. The written declaration or examination made, taken and verified in manner aforesaid, of any such Indian, aboriginal may be used native or native of mixed blood as aforesaid, may be lawfully read and received as evidence upon the trial of any criminal suit or proceedings when, under the like circumstances, the written affidavit, examination, deposition or confession of any person might be lawfully read and received as evidence. proceedings. Effect of declaration, 7. Every solemn affirmation or declaration in what&c., taken by ever form made or taken by any person as aforesaid shall be any person as of the same force and effect, as if such person had taken an oath in the usual form, and shall, in like manner, incur the penalty of perjury in case of falsehood. aforesaid. Indian de fined. Certain Acts and laws to British Columbia and 8. An Indian is hereby defined to be a person within the definition contained in the fifteenth section of the thirty-first Victoria, chapter forty-two, as amended by the sixth section of the thirty-second and thirty-third Victoria, chapter six, and who shall participate in the annuities and interest moneys and rents of any tribe, band or body of Indians. 9. Upon, from and after the passing of this Act, the Acts be in force in and portions of Acts hereinafter mentioned of the Parliament of Canada shall be and are hereby extended to and shall be in force in the Provinces of Manitoba and of British Columbia; and all enactments and laws theretofore in force in the said Provinces inconsistent with the said Acts, or making any provision in any matter provided for by the said Acts, other than such as is made by the said Acts, shall be repealed on and after the passing of this Act. The Acts and 10. The Acts and portions of Acts herein before mentioned parts of Acts and hereby extended to and to be in force in the Provinces of Manitoba and of British Columbia, are as follows: extended by 8. 9. 1. Sections six to twenty-five both inclusive, and sections twenty-eight, twenty-nine, thirty, thirty-seven, thirty-eight, thirty-nine and forty-two, of the Act passed in the thirty first year of Her Majesty's reign, and intituled "An Act providing for the organization of the Department of the Secretary of State of Canada, and for the management of Indian and Ordnance Lands;" 2. Sections one to twenty-one, both inclusive, and section twenty-four of the Act passed in the thirty-second and thirtythird years of Her Majesty's reign, intituled "An Act for the gradual enfranchisement of Indians, the better management of Indian affairs, and to e.rtend the provisions of the Act thirtyfirst Victoria, chapter forty-two; 3. Sections one, three, six, seven, eight, nine and sixteen, of the Act passed in the thirty-sixth year of Her Majesty's reign, and intituled "An Act to provide for the establishment of the Department of the Interior." Council may Indian lands 11. The Governor in Council may, by proclamation from Governor in time to time, exempt from the operation of the Act passed in exempt the thirty-first year of Her Majesty's reign, and intituled Indians or "An Act providing for the organization of the Department of in Manitoba the Secretary of State of Canada, and for the management of or British Indian and Ordnance Lands," or from the operation of an from the Columbia, Act passed in the thirty-second and thirty-third years of Her operation of certain Acts, Majesty's reign, intituled " An Act for the gradual enfranchise&c., and again ment of Indians, the better management of Indian affairs, and subject them to extend the provisions of the Act thirty-first Victoria, chapter to the same. forty-two," or from the operation of the Act passed in the thirty-first year of Her Majesty's reign, and intituled "An Act to provide for the establishment of the Department of the Interior," or from the operation of this Act, or from the operation of any one or more of the clauses of any one or more of the said Acts, the Indians or any of them or any tribe of them or the Indian lands, or any portions of them in the Province of Manitoba, or in the Province of British Columbia, or in either of them, and may again, by proclamation, from time to time, remove such exemption. ply certain ments, gene. Indian lands 12. The Governor in Council may, by proclamation from And may extime to time, direct the application of the Act passed in the tend and apthirty-first year of Her Majesty's reign, and intituled "An other Acts Act providing for the organization of the Department of and enactthe Secretary of State of Canada, and for the management of rally to any Indian and Ordnance Lands;" and of an Act passed in the Indians or thirty-second and thirty-third years of Her Majesty's reign, in N. W. intituled "An Act for the gradual enfranchisement of Indians, Territories. the better management of Indian affairs, and to extend the provisions of the Act thirty-first Victoria, chapter forty-two;" and an Act passed in thirty-sixth year of Her Majesty's reign, and intituled "An Act to provide for the establishment of the 28 Department ་ Ordinance of Department of the Interior;" or of any one or more of the clauses of any one or more of the said Acts to the Indians or any of them or any tribe of them, or the Indian lands or any portions of them, or that the same be in force generally in the North-west Territories. 13. The second, third and seventh sections of the OrdiB. C. repealed nance, No. 85, of the Revised Statutes of British Columbia in part. are hereby repealed. construed. · Act how to be 14. This Act shall be construed as one Act with the Acts thirty-first Victoria, chapter forty-two, and thirty-second and thirty-third Victoria, chapter six. Preamble. Justices of the Peace, &c., not to administer oaths not law. Proviso as to certain mat nal cases and CHAP. 37. An Act for the suppression of Voluntary and Extra- [Assented to 26th May, 1874.] WHEREAS a practice has prevailed of administering and receiving oaths and affidavits voluntarily taken and made in matters not the subject of any judicial enquiry, nor in anywise required or authorized by any law; and whereas doubts have arisen whether or not such proceeding is illegal ; for the suppression of such practice and removing such doubts, Her Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. It shall not be lawful for any Justice of the Peace or other person to administer, or cause or allow to be administered, or to receive, or cause or allow to be received, any oath, anthorized by affidavit or solemn affirmation, touching any matter or thing whereof such justice or other person hath not jurisdiction or cognizance by some law in force at the time being, or authorized, or required by any such law: Provided always, that nothing herein contained shall be construed to extend to any oath, allidavit or solemn affirmation before any justice in any matter or thing touching the preservation of the peace or the prosecution, trial or punishment of any offence, nor to any oath, affidavit or affirmation which may be required or authorized by any law of the Dominion of Canada, or by any law of the Province wherein such oath, affidavit or affirmation is received or administered, or is to be used, nor to to any oath, affidavit or affirmation, which may be required by the laws of any foreign country to give validity to instru ments in writing designed to be used in such foreign coun proof of certain instruments. Declaration accounts, &c. tries respectively: And provided further that it shall be Proviso: lawful for any Judge, Justice of the Peace, Public Notary or may be made other functionary authorized by law to administer an oath, in attestation. to receive the solemn declaration of any person voluntarily of deeds, making the same before him in the form of the schedule to this Act annexed, in attestation of the execution of any written deed or instrument, or allegations of fact, or of any account rendered in writing, and if any such declaration be false or untrue in any material particular, the person making such false declaration shall be deemed guilty of a misdemeanor. of this Act. 2. Any Justice of the Peace or other person administering Penalty for or receiving, or causing or allowing to be received or adininis- contravention tered, any oath, affidavit or solemn affirmation contrary to the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding three months, or to a fine not exceeding fifty dol lars, at the discretion of the court. SCHEDULE. I, A. B., do solemnly declare that (state the fact or facts declared to) and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Act passed in the thirty-seventh year of Her Majesty's reign, intituled (insert the title of this Act.) . WE CHAP. 38. An Act respecting the Crime of Libel. [Assented to 26th May, 1874.] HEREAS it is expedient that the law respecting the Preamble. crime of libel should in all respects be uniform throughout all portions of Canada; and for the better protection of private character, and for more effectually securing the liberty of the press, and for better preventing abuses in exercising the said liberty: Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows: 1. Whosoever publishes or threatens to publish any libel Punishment upon any other person, or directly or indirectly 1. Threatens to print or publish, or for publishing or threatening to publish any writing with intent to extort money, |