"After the sale of the 99 years' lease had been advertised, it occurred
to me that a good opportunity was thereby afforded to the Governors of
the College for getting the management of the property into their own
hands, by purchasing the lease. I need hardly say that the difficulties
which had occurred between the late Board of the Royal Institution and
the Governors of the College with regard to the right of possession
naturally led to such a desire. Being the only Governor then resident in
Montreal, and His Excellency, the late Sir Charles Bagot, having left
the management with reference to that sale to me, I took upon myself the
responsibility of making the purchase for the Governors;--but I felt
convinced that if I did so in my own name, the Board of the Royal
Institution would throw difficulties in the way. I therefore employed
Mr. Pelton to purchase the property for me, and he did so on the perfect
understanding that the property should, in the first instance, be
conveyed to him, and afterwards by him to me, as he supposed, but really
to 'the Governors, Principal and Fellows of McGill College.' In that
transaction therefore Mr. Pelton acted as my agent; and continued to do
so, placing only such tenants on Burnside as were approved by me, and
collecting the rents for and paying them to me until the 1st May, 1844,
after which he refused to continue to pay them to me. Immediately after
the adjudication of the property, a correspondence took place with the
Royal Institution about security for the payment of the rents, before it
was discovered that a 99 years' lease could not be granted, and Mr.
Pelton took upon himself without consulting me to offer security, which
he said was accepted by the Board; and then, knowing that I had not
offered any security, proposed to me to let him be the _bona fide_
purchaser; but I refused, saying that I supposed the same person who was
willing to be security for him would also be security for me. It was
immediately after this discovered that the Royal Institution could not
grant a lease for a longer period than 21 years, and the whole affair
was considered by me as at an end, that is, that it was no sale, because
the Royal Institution could not be expected to do that which they had no
legal authority to do...." The lease was subsequently cancelled, and it
was shown that Pelton had no legal claim upon the property.
Public-domain text, read in full here on John Shaqi.
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