The Board soon realised that if their suit was to be carried to a
successful conclusion they must have funds to meet necessary expenses.
They applied to the Governor-General for financial assistance, and as a
result a sum of £200 was advanced to them as a loan, from the proceeds
of the Jesuits' Estates. They realised, too, that it was necessary at
once to give the College some semblance of organisation. Their
solicitors advised the securing of a Charter without delay, and on
February 7th, 1821, the Secretary of the Board wrote to Mr. Sewell,
stating that "application for a Charter will be made to His Majesty's
Government without loss of time, but it is the unanimous opinion of the
Board that the case should proceed." The Charter [here included as
appendix B] received the sanction of the Crown on March 31st, 1821, and
formed the basis of the court plea of the Royal Institution. Two years
later the Board decided to secure a teaching staff, and by 1824 they had
appointed a Principal, who was to be also Honorary Professor of
Divinity, and four Professors. The latter held merely _pro forma_
appointments, and were intended to fulfil a technical legal requirement;
none of them ever lectured in the University, and when the College was
actually opened five years later those who still remained willingly
resigned to leave the Governors free to fill all Professorships as they
desired. But the fact of their appointment doubtless helped the Board in
the suit then pending.
It is needless here to outline in detail the litigation that followed.
In answer to the Desrivières claim, the Board contended that, as
required by the testator, McGill College had now been, to all intents
and purposes, erected and established by Letters Patent under the Great
Seal, and by the appointment of Professors. All the conditions of the
will had therefore, they said, been fulfilled. Accordingly on November
8th, 1821, they made a formal demand upon the executors, the Hon. John
Richardson and the Hon. Justice Reid, for the transfer of the legacy of
£10,000 with interest due since the death of the testator. Francis
Desrivières was in possession of this money, and on December 4th, 1821,
the executors called on him for its payment. He replied that it would
not be paid until the college had been built and established, as the
case connected with property only had not yet been decided, and he did
not regard the mere obtaining of a Charter as fulfilling the conditions
of the will. As a result the executors and the Board issued instructions
on December 26th, 1821, for the instituting of a second suit to obtain
possession of the endowment fund, and the two suits proceeded.
Public-domain text, read in full here on John Shaqi.
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