Law:An Act respecting the Songhees Indian Reserve

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S.c. 1911, c. 24

Assented to 1911-05-19

An Act respecting the Songhees Indian Reserve

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: —

Confirmation of agreement for sale of Songhees Indian Reserve

1. The agreement for the sale of the Songhees Indian Reserve contained in the schedule to this Act is hereby confirmed and, notwithstanding anything in The Indian Act, the whole of the amount payable to each head of an Indian family under the terms of the said agreement may be paid in the manner therein provided.

Schedule

MEMORANDUM OF AGREEMENT made (in duplicate) between The Government of the Dominion of Canada, represented by the Honourable Frank Oliver, Superintendent General of Indian Affairs of Canada: and The Government of the Province of British Columbia, represented by the Honourable William Roderick Ross, Minister of Lands for the Province of British Columbia:

Witnesseth that it has been agreed between the parties hereto as follows: —

1: That the Songhees Indian Reserve, in the city of Victoria, in the Province of British Columbia, shall be conveyed or transferred to the Government of the Province of British Columbia for the consideration hereinafter mentioned as soon as the Songhees Band of Indians have surrendered the same under the provisions of the “Indian Act” and as soon as the necessary legislation has been obtained from the Parliament of Canada confirming this agreement.

2: That the Government of the Province of British Columbia will, in consideration of such conveyance or transfer: —

(1) Deposit in the Canadian Bank of Commerce in the city of Victoria the sum of ten thousand dollars ($10,000.00) to the credit and in the name of each head of a family of the said Songhees Band of Indians as set forth in the census of the said Band made November 21st to 25th, 1910, by Inspector Ditchburn, and any additional bona fide heads of families existing at the date of payment as the names of such heads of families are certified by the Superintendent General to the Minister of Lands, and will furnish the Superintendent General with the said Bank’s receipt for each deposit countersigned by the Indian to whose credit such deposit has been made:

(2) Deposit the value of each Indian’s improvements to his or her credit in the said Bank; and when the value of the school-house, now used by the Indians as a church, the water pipe, and any other Band improvements, is ascertained, will divide it equally among the heads of families and deposit the same to the credit of the respective heads, furnishing the Bank’s receipt for each deposit as above. In case an agreement cannot be arrived at with respect to the value of such improvements, school-house and water pipe, the value shall be settled by arbitration, the Superintendent General and the Minister of Lands each to appoint an arbitrator and the two arbitrators so appointed to appoint a third arbitrator, and the decision of such arbitrators, or any two of them, to be final and conclusive:

(3) Convey in fee simple to His Majesty the King, represented by the Superintendent General, a piece or parcel of land at Esquimalt, being all that piece or parcel of land situate in and being part of Section two, Esquimalt District, Vancouver Island, and now known as Section 2A, and being more particularly described as follows: — Commencing at a post planted at high water mark on the northerly shore of Constance Cove, Esquimalt Harbour; thence in a direction north thirty-six degrees and twenty-eight minutes east, Magnetic (N. 36° 28′ E. Mag.) a distance of eighty chains and ninety links (80.90.) more or less, to an intersection with the southerly boundary of the Craigflower Road; thence westerly along said southerly boundary to an intersection with the easterly boundary of the Admiral’s Road; thence southerly following said easterly boundary to an intersection with the east boundary of the Esquimalt Indian Reserve; thence following the said east boundary of the reserve to its southeast corner; thence at right angles and westerly along the south boundary of the Indian reserve to its southwest corner on the shore of Esquimalt Harbour; thence following the shore line of the Harbour westerly, southerly and easterly to point of commencement, the whole containing by admeasuement one hundred and sixty-three and forty-two hundredths acres, more or less, and more particularly shown on the annexed tracing and thereon coloured red save and excepting that portion of the right of way (passing through Section 2A) conveyed to the Esquimalt and Nanaimo Railway Company by deed dated July 4, 1905, and registered in the Land Registry Office at Victoria in absolute fees book Vol. 22, Folio 385, No. 115080, and deposited in said office under No. 167:

Together with all mines royal and all mines and minerals and all rights, members and appurtenances whatsoever to the said hereditaments belonging, and all the estate, right, title and property whatsoever of the said Vendor in, to, and out of the said premises.

(4) Remove the dead, together with all monuments and tombstones from the said Songhees reserve in the city of Victoria to the new reserve at Esquimalt, and there re-inter and replace them in a manner satisfactory to the Superintendent General, the whole at the cost of the Government of British Columbia.

In witness whereof the parties have hereunto affixed and set their hands and seals of office this 31st day of March, A.D., One thousand nine hundred and eleven.


Signed, sealed and delivered by the Honourable William R. Ross in the presence of: R. F. Child WM. R. ROSS (Seal.) Minister of Lands.
Signed, sealed and delivered by the Honourable Frank Oliver in the presence of:

Frank Pedley


FRANK OLIVER (Seal.)

Superintendent General of Indian Affairs.



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