1899 Nova Scotia Chapter 102 - An Act to authorize the Municipality of East Hants to borrow money to pay damages for land taken for the Midland Railway

An Act was approved by the Nova Scotia legislature on March 30th 1899 to allow the municipality of East Hants to assess the value of private lands taken for the Midland Railway within its boundaries and to borrow money to pay those damages. The process of appraising the value of the lands and improvements had already been followed once, but there must have been some unstated problem with the first appraisals because these were set aside and new appraisals required in this current act. Summaries of the various sections of the act are just below, while digital images of the 9 pages of the act from the statute books in the Archives of Nova Scotia are shown at the bottom of this page.

The whereas preamble introduction paragraphs:

Whereas paragraph one mentions section 32 of chapter 85 of the Acts of 1896 (which was the incorporation and charter of the Mindland Railway Company) which provided the railway could take private property for its railway and stations. The costs of the lands taken (called the damages) were to be paid for by the various municipalities that the railway passed through, providing the muncicpality passed a resolution in agreement.

Whereas paragraph two notes that the municipal councity of the municipality of East Hants passed the necessary resolution to give the railway a free right of way.

Whereas paragraph three notes it is necessary for the municipality to borrow money to pay for the lands and other damages.

Therefore be it enacted by the Governor, Council, and Assembly, as follows:—

Section 1 authorizes the municipality to borrow the money needed to pay the damages for land taken for the railway. The municipality was to issue debentures to raise the funds.

Section 2 says the debentures were to be in denominations of five hundred dollars, at an interest rate of 4 percent per year, paid semi-annually. The debentures were to begin maturing in 1900 and annually thereafter until fully redeemed.

Section 3 required the municipality to arrange its tax assessments to pay the interest and maturing debentures as needed until fully paid off.

Section 4 required the treasurer of the municipality to deposit the funds raised in a bank and to pay it out only for damages for lands taken by the railway, and any costs.

Section 5 detailed paperwork needed for the treasurer to pay out to each landowner the damages due.

Section 6 said payment for the damages awarded were full payment.

Section 7 allowed the municipality to pay to the supreme court for Hants county any amount regarding lands that the ownership was unclear, or which the owner refused payment. Having done this the municipality had no more liabilty in the matter.

Section 8 detailed how the supreme court could make the payments needed.

Section 9 allowed further borrowing if the railway required additional lands for right of way or stations, or if the initial assessment is found to be too small.

Section 10 mentions that assessment of damages was made under the procedures in chapter 85 of the Acts of 1896 but that list of award amounts was to be set aside. No reason was given.

Section 11 says the list of awards was included in the Act as Schedule "A" but that list was null and void. The section also requires the arbitrators still receive payment for their work.

Section 12 requires a new team of three appraisers be chosen to do the work as laid out in chapter 85 of the Acts of 1896, sections 34 and 36. The appraisers specifically were required to not be a resident or ratepayer in the municipality of East Hants.

Sections 13, 14, 15, 16 and 17 gave details of how the appraisers were to do their work. Part of their work included visiting each parcel of land and giving the proprietor of each parcel an opportunity to be heard on the value. The appraisers were to take into consideration the time that had passed since the lands were taken.

Section 18 required to municipality to promptly pay each land owner or tenant the funds so appraised.

Following section 18 was Schedule "A" which was a list of the award amounts made by the first team of appraisers or arbitrators. The list shows various amounts, some seemingly for unimproved land and some including value for fruit trees, barns, buildings, etc. The total amount was for $8,547 dollars.