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1899 Nova Scotia Chapter 101 - An Act relating to the assessment of Railway Damages in the Town of Windsor, and to authorize the Town of Windsor to borrow money to pay said damages.
1899 Nova Scotia Chapter 101 - An Act relating to the assessment of Railway Damages in the Town of Windsor, and to authorize the Town of Windsor to borrow money to pay said damages.
An Act was approved by the Nova Scotia legislature on March 30th 1899 to allow the town of Windsor assess the value of private lands taken for the Midland Railway within its boundaries and to borrow money to pay those damages. Summaries of the various sections of the act are just below, while digital images of the 4 pages of the act from the statute books in the Archives of Nova Scotia are shown at the bottom of this page.
The whereas clauses:
The first whereas clause references Chapter 85 of the Acts of 1896 (the incorporation of the Midland Railway Company) which provided that money payable for private land taken for track and station purposes would form a county charge in the counties through which the railway passed.
The second and third whereas clauses mention that the railway passes through part of the town of Windsor and that the town had passed a resolution authorizing the town to pay for the needed private lands.
The fourth whereas clause says a provision for assessment of the value of damages for the lands and for the payment of the damages was needed.
Sections 1, 2 and 3 set up a process of appointing three arbitrators to assess the damages and file an award in writing.
Section 4 sets up a similar process to be followed if the railway subsequently requires more private lands.
Section 5 authorizes the town of Windsor to borrow money sufficient to pay the damages cost and other expenses and issue debentures.
Section 6 requires the debentures be in amounts of five hundred dollars each and bear interest of four percent payable half-yearly. The debentures will start to mature in 1900 and will continue until the whole amount is repaid.
Section 7 required the town to arrange its annual tax assessments to cover the cost of the principal and interest of the debentures.
Section 8 required the town treasurer to pay the interest payments and redeem the debentures as they came due.
Section 9 required the funds raised to be deposited in a bank and applied only to the payment of railway damages.
Section 10 required the town treasurer to pay the various landowners the damages on delivery of a copy of the deed for the lands conveying them to the railway company and a copy of a certificate from the railway company that the lands are those needed.
Section 11 stated that the damages awarded were full payment for the lands.
Section 12 allowed the mayor to have the damages paid into an account with the supreme court for Hants county if there is any doubt or question of who was entitled to the money for any particular parcel of land. This relieved the town from further liability or claim on those lands.
Section 13 allowed the supreme court to determine who should receive the money.
Reference Tag
Please use this citation when referring to this page: 1899 Nova Scotia Chapter 101 - An Act relating to the assessment of Railway Damages in the Town of Windsor, and to authorize the Town of Windsor to borrow money to pay said damages.
