Approvals 1896

Various activities of the Dominion Atlantic Railway Company required approvals from government. This page shows approvals received in 1896.

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Order-in-Council 1198 of year 1896

In 1896, the DAR requested assignment to itself of a contract between the Federal Government and the Bay of Fundy Steamship Company to provide steamship services and carriage of mail among Saint John, N.B. and Digby and Annapolis. The DAR purchased the SS Prince Rupert and put it into this service. The approval was granted in a Federal Order in Council number 1198 of the year 1896. (Orders in Council are numbered beginning from number 1 each calendar year.)

Below is the text of the report to the Governor General for his approval, signed by the Prime Minister and the Governor General.

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(Transcribed from a hand-written original)

No. 1198 .C.
TO HIS EXCELLENCY
The Right Honourable Sir John Campbell Hamilton-Gordon, Earl of Aberdeen, Viscount Formastine, Baron Hadde, Moethlie, Farves and Kellie, in the Peerage of Scotland, Viscount Gordon of Aberdeen, County of Aberdeen, in the Peerage of the United Kingdom, 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 Hon. Sir Mackenzie Bowell in the chair [then Prime Minister – ed.]
Sir A. P. Caron [Postmaster General]
John Costigan [Minister of Marine and Fisheries]
George E. Foster [Minister of Finance, Receiver General]
John Haggart [Minister of Railways and Canals]
J. A. Ouimet [Minister of Public Works]
T. Mayne Daly [Minister of the Interior, Superintendent-General of Indian Affairs]
W. B. Ives [Minister of Trade and Commerce]
A. R. Dickey [Attorney General of Canada]
D. Ferguson [Minister without Portfolio]
John F. Wood [Controller of Customs, Controller of Inland Revenue][not in Cabinet]
E. G. Prior [Controller of Inland Revenue]
A. Desjardins [Minister of Militia and Defence]

May it please your Excellency

[embedded typewritten note:]
Privy Council Minutes. 5 February – 17 February 1896.
(R.G. 2, Series 1, Volume 675)

On a Report dated 5th February 1896, from the Minister of Trade and Commerce, submitting that a Contract was some months since entered into between the Minister of Trade and Commerce as representing Her Majesty, and the Bay of Fundy Steamship Company for a Steam Service between St. John, Digby and Annapolis, such service to continue until the 30th of June 1896; and that the Bay of Fundy Steamship Company performed the Service under the terms of the Contract and received payment therefor up the the 31st December 1895, and has since that date asked permission under the terms of the Contract to assign
[typewritten note inserted:]
Privy Council Minutes. 5 February – 17 February 1896.
(R.G. 2, Series 1, Volume 675)
assign the same to the Dominion Atlantic Railway Company ; and that it appears that the said Railway Company are running their Steamers between St. John and Digby carrying the Mails as required by terms of the Contract as far as Digby, but there transferring them to the Railway and delivering them by rail at Annapolis instead of by steamer.

The Minister recommends inasmuch as this is not strictly within the terms of the Contract, that, upon the Dominion Atlantic Railway Company signifying its acceptance of the transfer of the Contract, and binding itself to the carrying out of its provisions, in
[typewritten note inserted:]
Privy Council Minutes. 5 February – 17 February 1896.
(R.G. 2, Series 1, Volume 675)
in so far as the Steamship Service between St. John & Digby is concerned and the carrying of the Mails etc. From that place to Annapolis by rail instead of by steamer , to be authorized to sanction such transfer , and to pay subsidy from the 1st of January 1896, to the Dominion Atlantic Railway Company, upon usual proof of the performance of services as above.

The Committee submits the same for Your Excellency’s approval.

[signed by] Mackenzie Bowell

[handwritten:] Approved 11th Feb. 1896 Aberdeen

[typewritten note inserted:]
Privy Council Minutes. 5 February – 17 February 1896.
(R.G. 2, Series 1, Volume 675)

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Gallery

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  Scan of page one of the 1896 OIC 1198 document.

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  Scan of page two of the 1896 OIC 1198 document.

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  Scan of page three of the 1896 OIC 1198 document.

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  Scan of page four of the 1896 OIC 1198 document. Signatures.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=119700&lang=eng
[Editor's note: the "1197" in the link immediately above will select the proper document for OIC 1198.]

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Order-in-Council 1433 of year 1896

In 1896, the DAR requested assignment to itself of a contract between the Federal Government and the Bay of Fundy Steamship Company to provide steamship services and carriage of mail among Saint John, N.B. and Digby and Annapolis. The approval was granted in a Federal Order in Council number 1198 of the year 1896. (Orders in Council are numbered beginning from number 1 each calendar year.) A further Order in Council was needed which showed contracts between the two companies and between the DAR and the Minister of Trade and Commerce. The DAR purchased the SS Prince Rupert and put it into this service.

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

[Transcribed from a hand-written original.]

1433

On a Memorandum dated 14th April 1896, from the Minister of Trade and Commerce, stating that under authority of the Order in Council dated 11th February 1896, the Minister of Trade and Commerce consents to and acknowledges the assignment, as per copy hereto attached, made by the Bay of Fundy Steamship Company, to the Dominion Atlantic Railway Company, of the Contract or Articles of Agreement entered into on the 20th day of June One Thousand Eight Hundred and Ninety-five, between the Minister of Trade and Commerce on Behalf of Her Majesty, and the Bay of Fundy Steamship Company for the maintenance, until the thirtieth

[typewritten note inserted:]
Privy Council Minutes. 1 May - 6 May 1896.
(R.G. 2, Series 1, Volume 686)

thirtieth of June One Thousand Eight Hundred and Ninety-six, of a Steam Service between St. John, N.B., and Digby and Annapolis, N.S., -the said Dominion Atlantic Railway Company having assumed from the 1st January 1896, the obligations entered into by the said Bay of Fundy Steamship Company in terms as per said Order in Council.

The Committee recommend approval thereof.

[signed:] [illegible]

[signed:] Approved Aberdeen 6. 5. 96.

[typewritten note inserted:]
Privy Council Minutes. 1 May - 6 May 1896.
(R.G. 2, Series 1, Volume 686)

[Transcribed from a typewritten original.]
P.C. 1433 (a)
C O P Y

THIS INDENTURE made this first day of January in the year of Our Lord one thousand eight hundred and ninety-six between The Bay of Fundy Steamship Company Limited of the one part and the Dominion Atlantic Railway Company of the other part.

WHEREAS by certain Articles of Agreement made the twentieth day of June in the year of Our Lord one thousand eight hundred and ninety-five between the Honourable the Minister of Trade and Commerce of the Dominion of Canada on behalf of Her Majesty of the one part and the said The Bay of Fundy Steamship Company Limited of the other part the said the Bay of Fundy Steamship Company Limited did covenant and agree to and with Her Majesty Her Heirs and Successors to carry on and maintain a regular and uninterrupted Steamboat Service for the carrying of mails, passengers and freight between the City of Saint John in the Province of New Brunswick and Annapolis and Digby in the Province of Nova Scotia in consideration of the subsidy by the said articles of Agreement to them granted and subject to the agreements conditions and provisions in the said Articles of Agreement contained a copy of which said Articles of Agreement are hereto annexed marked "A".

AND WHEREAS the unearned portion of the said subsidy now amounts to the sum of six thousand two hundred and fifty dollars.

AND WHEREAS by Memorandum of Agreement made between the said parties hereto and bearing even date herewith the said The Bay of Fundy Steamship Company did agree, among other things, to assign to the said the Dominion Atlantic Railway Company the said hereinbefore mentioned Contract together with the said unearned portion of the said subsidy thereby granted from the said first day of January A. D. 1896.

[typewritten note inserted:]
Privy Council Minutes. 1 May - 6 May 1896.
(R.G. 2, Series 1, Volume 686)

NOW THEREFORE THIS INDENTURE WITNESSETH that the said The Bay of Fundy Steamship Company Limited in consideration of the said Agreement and for and in consideration of the sum of one dollar of lawful money of Canada to it in hand well and truly paid by the said the Dominion Atlantic Railway Company the receipt of which is hereby acknowledged has sold assigned transferred conveyed and set over and by the Presents does sell assign transfer convey and set over unto the said The Dominion Atlantic Railway Company its Successors and Assigns the said Contract and all the rights powers and privileges thereunder together also with the said unearned portion of the said subsidy thereby granted and all the right title and interest of the said The Bay of Fundy Steamship Company Limited therein and thereto both at law and in equity TO HAVE AND TO HOLD the same and every part and parcel thereof with the appurtanances unto and to the use of the said The Dominion Atlantic Railway Company its Successors and Assigns forever.

IN WITNESS WHEREOF the said The Bay of Fundy Steamship Company Limited has caused these Presents to be signed by their President and Secretary and its Common Corporate Seal to be hereunto affixed.

Signed sealed and delivered in the presence of:
(Sgd) C. F. Sanford
" H. D. Troop, President
" John E. Irvine, Secretary
S E A L

[typewritten note inserted:]
Privy Council Minutes. 1 May - 6 May 1896.
(R.G. 2, Series 1, Volume 686)

P.C. 1433 (b)

Agreement of acceptance of the assignment of agreement between the Honourable the Minister of Trade and Commerce of the Dominion of Canada on behalf of Her Majesty of the first part and the Bay of Fundy Steamship Company Limited, of the other part bearing date the 20th day of June in the year of Our Lord one thousand eight hundred and ninety-five made by the said "The Bay of Fundy Steamship Company, Limited" to the Dominion Atlantic Railway Company bearing date the first day of January 1896 and annexed hereto marked "A".

The said The Dominion Atlantic Railway Company hereby agree for the considerations mentioned in the said assignment and other good and valuable considerations to them moving the accept the said assignment of the said agreement and to perform the said agreement of the 20th June 1895 by a Steamer of equal class, speed, equipment, character and capacity to that called for the the said agreement and to the satisfaction and approval of the said Minister of Trade and Commerce. The said service however to be performed by Steamer from St. John, N.B. to Digby and thence by rail to Annapolis instead of as in the agreement required by Steamer to Annapolis but in all other respect the said agreement to be carried out by the said The Dominion Atlantic Railway Company.

IN WITNESS WHEREOF the said The Dominion Atlantic Railway Company have caused this agreement to be signed and sealed in their behalf by their Manager this 2nd day of April A. D. 1896.

Signed, sealed and delivered in presence of:-
(Sgd) E. McLeod.
S E A L
(Sgd) K. Sutherland for the Dominion Atlantic Railway Company.

[typewritten note inserted:]
Privy Council Minutes. 1 May - 6 May 1896.
(R.G. 2, Series 1, Volume 686)

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Gallery

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  Scan of page one of the 1896 OIC 1433 document.

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  Scan of page two of the 1896 OIC 1433 document.

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  Scan of page three of the 1896 OIC 1433 document.

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  Scan of page four of the 1896 OIC 1433 document. Signatures.

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  Scan of page five of the 1896 OIC 1198 document. Signatures.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=120824&lang=eng

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Category:Legal Agreements