Approvals 1898

Various activities of the Dominion Atlantic Railway Company required approvals from government. This page shows approvals received in 1898.

Order in Council 2792 of year 1898

In 1866, the Windsor and Annapolis Railway Company, a predecessor to the DAR, received from the then Colony of Nova Scotia, along with other subsidies, an agreement allowing the Company to recover Customs fees and duties on materials and stores for the construction and working of a railway between Windsor and Annapolis. In 1895 the Federal Government passed legislation allowing the Dominion Atlantic Railway Company to purchase the Windsor and Annapolis Railway Company. Part of the 1895 legislation included provisions to eliminate the Customs and duty refunds subsidy and the various legislation and agreements comprising it. In return for $100,000 paid in cash to the DAR the DAR agreed that no further customs and duty charges refunds would be made (with an exception for any further amounts not determined at the time applicable to work before October 19th, 1898). Below are transcriptions of the Order in Council documents and notice in the Canada Gazette to accomplish this change. Digital scans of the documents are below the transcriptions. The approval was granted in a Federal Order in Council number 2792 of the year 1898. (Orders in Council are numbered beginning from number 1 each calendar year.)

Memorandum to the Governor General for OIC 2792 of 1898

Below is the text of the report to the Governor General for his approval.

[transcribed from a handwritten original]

No.1908 C
TO HIS EXCELLENCY
The Right Honourable Sir Gilbert John Elliot Murray Kynynmound, Earl of Minto and Viscount Melgund of Melgund, County of Forfar, in the Peerage of the United Kingdom, Baron Minto of Minto, County of Roxburgh, in the Peerage of Great Britain, Baronet of Nova Scotia, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George,
GOVERNOR GENERAL OF CANADA

Report of a Committee of the Privy Council ON MATTERS OF STATE

PRESENT:
The Honourable
R. W. Scott in the Chair
David Mills
J. W. Bordeu
Wm. Paterson

May it please your Excellency

[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)

2792

The Committee of the Privy Council have had under consideration a Report, hereto annexed, dated 28th November 1898 from the Minister of Justice, recommending for the reason therein stated that a Proclamation do issue repealing on and from the nineteenth day of October 1898, each and all of the provisions of the Acts of the Legislature of Nova Scotia and of the Parliament of Canada granting to the Dominion Atlantic Railway Company, or under which the said Company hold or are entitled to, a drawback of the amount of import duties paid upon all materials and stores required for the construction and working of a railway from Windsor to Annapolis (afterwards)
[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)

(afterwards known as the Windsor and Annapolis Railway) under the agreement dated the 22nd November 1866 entered into between the Chief Commissioner of Railways for the Province of Nova Scotia and William Henry Punchard, Frederick Barry and Edwin Clark, but without prejudicing or affecting the right of the said Company to recover under said agreement and the said Acts of the Legislature of Nova Scotia, and the Parliament of Canada, a refund of all customs or import duties paid up to the said nineteenth day of October 1898 which the said Company would have been entitled to recover if the said Release made by the said Dominion Atlantic Railway Company on the 7th

[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)

2792

7th October 1898, of the aforesaid right or privilege had not been executed or if the said Acts had not been repealed.

The Committee concurs in the above report and the recommendation therein contained and submit the same for Your Excellency’s approval.

[signed:] R.W. Scott

[marked:] approved 10th December 1898
[signed:] Minto

[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)

[Marginal notes on page 2 above:]
Send Copy to Customs and Rev [Revenue?]

Copy to Justice 13 December, 1898
Copy to Customs 13 December, 1898
Canada Gazette page 1224 dated 31 December 1898

[Memorandum ends]

Report from the Minister of Justice to the Privy Council Committee

[transcribed from a typewritten original]

P.C. 2792(a)

Ottawa, 28th November, 1898.

TO HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL

The undersigned has the honour to report that under the provisions of an Act of the Legislature of the Province of Nova Scotia, passed in the year A.D.1865, Chapter thirteen, an agreement dated the twenty second day of November, A.D. 1866, was entered into between the Chief Commissioner of Railways for the Province of Nova Scotia, and William Henry Punchard, Frederick Barry and Edwin Clark, in which it was amongst other things in effect, provided that all materials and stores required for the construction and working of a railway from Windsor to Annapolis (afterwards known as the Windsor and Annapolis Railway) should be entitled to a drawback of the amount of import duties paid thereon by the said William Henry Punchard, Frederick Barry and Edwin Clark, which agreement was duly ratified and confirmed by an Act of the Legislature of the Province of Nova Scotia, passed in the year A.D. 1867, chapter thirty six, the said William Henry Punchard, Frederick Barry, Edwin Clark, with certain associates, being also thereby created a company, under the name of the Windsor and Annapolis Railway Company; that in the year A.D. 1895 the said Windsor and Annapolis Railway Company was by an Act of the Parliament of Canada (chapter forty seven) authorized to sell and convey all its property and franchises to the Dominion Atlantic Railway Company, and it was further in effect provided that

[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)

2792(a)

that the Governor in Council might enter into an agreement with the said last-mentioned Company providing for the commutation and release of any right or privilege with respect to the drawback of the customs or import duties under the said contract between the Chief Commissioner of Railways for the Province of Nova Scotia, and William Henry Punchard, Frederick Barry and Edwin Clark, and that the Governor in Council might upon the execution of such an agreement repeal any provision of any Act of the Legislature of Nova Scotia of of the Parliament of Canada granting such right or privilege.

And that under an award made by the Honourable Mr Justice Burbridge, on the third day of September, A.D. 1897, pursuant to a submission to arbitration entered into on the twenty fifth day of February, A.D. 1896, between the said Dominion Atlantic Railway Company and Your Excellency’s Government, the commutation money to be paid to the said Railway Company was fixed at the sum of one hundred thousand dollars, which said sum was duly paid to the Dominion Atlantic Railway Company, on the nineteenth day of October, A.D. 1898, the said Dominion Atlantic Railway Company having on the seventh day of October, A.D. 1898, duly executed a release and surrender to Her Majesty the Queen of the aforesaid right or privilege, which said release or surrender was duly delivered on the said nineteenth day of October, A.D. 1898; said release, however provided that nothing contained should in any way prejudice or affect the right of the Company to recover under the said agreement a refund of all customs or import duties paid by them up to the said nineteenth day of October, A.D. 1898, which the Company would have been entitled to

[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)

2792(a)

to recover under the said recited agreement of the twenty second day of November, one thousand eight hundred and sixty-six, if the said release had not been executed and that the right or privilege of the Company to recover such refund of Customs or import duties up to the said nineteenth day of October, A.D. 1898, should not be taken away or impaired by the said Indenture of Release.

The undersigned thereby humbly recommends that authority be given for the issue of a proclamation repealing on and from the said nineteenth day of October, A.D. 1898, each and all of the provisions of the Acts of the Legislature of Nova Scotia, and of the Parliament of Canada, or under which the said Company hold or are entitled to any such right or privilege as aforesaid, but without prejudicing or affecting the right of the said Company to recover under the said agreement and the said Acts of the Legislature of Nova Scotia, and of the Parliament of Canada, a refund of all customs or import duties paid up to the said nineteenth day of October, A.D. 1898, which the said Company would have been entitled to recover if the said Release had not been executed or if the said acts had not been repealed.

The whole respectfully submitted.

[signed:] David Mills
Minister of Justice

[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)

[End of Report to the Privy Council Committee]

Notice Published in the Canada Gazette of 31 December 1898

[transcribed from a printed original – the Canada Gazette]

2792(b)

Extract from The Canada Gazette of Saturday, December 31, 1898.

PROCLAMATION

MINTO
[L.S.] CANADA
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, QUEEN, Defender of the Faith, &c., &c.

To all to whom these presence shall come, or whom the same may in anywise concern, —GREETING:

A PROCLAMATION
E. I. NEWCOMBE, Deputy of the Minister of Justice, Canada
WHEREAS in and by a Contract or Agreement entered into between te Chief Commissioner of Railways for the Province of nova Scotia, and William Henry Punchard, Frederick Barry and Edwin Clark, dated on or about the twenty-second day of November in the year of our Lord one thousand eight hundred and sixty-six, and under the terms and provisions of an Act of the General Assembly of Our Province of Nova Scotia passed in the thirtieth year of Our Reign. chapter thirty-six and intituled “An Act to incorporate the Windsor and Annapolis Railway Company,” the Windsor and Annapolis Railway Company was granted a drawback of the amount of Customs or import duties paid upon all materials and stores required for the construction and working of the Railway belonging to said Company ;

And whereas in and by an Act of the Parliament of Canada passed in the fifty-eighty and fifty-ninth years of Our Reign, chaptered forty-seven and intituled “An Act to incorporate the Dominion Atlantic Railway Company” it was amongst other things in effect stating that the said “Dominion Atlantic Railway Company” should have power to purchase all the property in Canada of the said Windsor and Annapolis Railway Company with all its lands, franchises, powers, rights, privileges, equipments, stations, plant, rolling stock, materials, stores and appurtences ;

And whereas it was in the said last mentioned Act also in effect enacted that Our Governor in Council and the said The Dominion Atlantic Railway Company might enter into an agreement providing for the commutation and release of any right or privilege with respect to the drawback of Customs or import duties under the said contract or agreement between the Chief Commissioner of Railways for the Province of Nova Scotia and William Henry Punchard, Frederick Barry and Edwin Clark, in consideration of the payment of such sum in cash as is determined upon and mentioned in said agreement, and that Our Governor in Council might upon the execution of such an agreement by proclamation repeal any provision of any Act of the Legislature of Nova Scotia or of the Parliament of Canada granting such right or privilege so commuted ;

And whereas on the seventh day of October, in the year of Our Lord one thousand eight hundred and ninety-eight, an agreement for this commutation and release of the said rights or privileges with respect to the drawback of customs or import duties was duly entered into between Our Governor in Council and the said Dominion Atlantic Railway Company and was duly executed in consideration of the sum of one hundred thousand dollars to be paid to the said Company, and whereas the said sum of one hundred thousand dollars was duly paid to the said The Dominion Atlantic Railway Company on the nineteenth day of October in the year of Our Lord one thousand eight hundred and ninety-eight—

Now Know Ye that We, by and with the advice of Our Privy Council of Canada, do by this Our proclamation repeal each and all of the provisions of the Acts of the Legislature of Our Province of Nova Scotia and of the Parliament of Canada, granting to the said Windsor and Annapolis Railway Company or the said The Dominion Atlantic Railway Company or under which the said The Dominion Atlantic Railway Company hold or are entitled to any right or privilege with respect to the drawback of Customs or import duties under the said contract or agreement between the Chief Commissioner of Railways for Our Province of Nova Scotia and William Henry Punchard, Frederick Barry and Edwin Clark, dated on or about the twenty-second day of November, in the year of Our Lord, one thousand eight hundred and sixty-six, but without prejudicing or affecting the right of the said company to recover under the said agreement and the said Acts of the Legislature of Our Province of Nova Scotia and of the Parliament of Canada a refund of all Customs or import duties paid to Us up to the said nineteenth day of October, in the year of Our Lord, one thousand eight hundred and ninety-eight, which the said Company would have been entitled to recover of the release made by the said The Dominion Atlantic Railway Company, on the seventh day of October, in the year of Our Lord, one thousand eight hundred and ninety-eight if the aforesaid right or privilege had not been executed or if the said provisions of the said Acts had not been repealed.

Of all which Our loving subjects and all others whom these presents may concern, are hereby required to take notice and to govern themselves accordingly.

IN TESTIMONY WHEREOF, WE have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. WITNESS, Our Right Trusty and Right Well-Beloved Cousin the Right Honourable Sir GILBERT JOHN ELLIOT MURRAY-KYNYNMOUND, Earl of Minto and Viscount Melgund of Melgund, County of Forfar, in the Peerage of the United Kingdom, Baron Minto of Minto, County of Roxburgh, in the Peerage of Great Britain, Baronet of Nova Scotia, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George,etc., etc., Governor General of Canada.

At Our Government House, in Our City of OTTAWA, this TENTH day of DECEMBER, in the year of Our Lord one thousand eight hundred and ninety-eight, and in the sixty-second year of Our Reign.

By Command,
JOSEPH POPE
Under-Secretary of State.

OTTAWA—Printed by S. E. Dawson, Printer to the Queen’s Most Excellent Majesty.

[typewritten note inserted:]
Privy Council Minutes 5 December -13 December 1898
(R.G. 2, Series 1, Volume 783)