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Appendix
The amount applied for was £4,000. Since the To C. GAMBLE, Esq.
(E.E.E.) application the revenues of the Church have in-

creased. They now yield £765 per annum. By 31st July. the advance of this money, the Churchwardens will be enabled to spread the debt due to the Church (upwards of £2,000) over several years; and taking security of payment, realize the whole-a great portion of which would be lost if pressed for just now. As these debts are collected, it is our intention to invest them to meet the loan, or pay over the same when the receipt amounts to £500, as the College Council may desire; and to form a sinking fund out of the surplus revenue of the Church to meet the residue.

SIR,

KING'S COLLEGE OFFICE,
TORONTO, April 22nd, 1844.

I beg to remind you that the interest due to this
Institution, on the loan of £4,000 to St. James'
Church, became due on the 1st Mareh, and remains
as yet unpaid.

The security is the very best that could be had,
as a receiver would be appointed by the Court of To H. Boys, Esq.
Chancery, at any moment, should the future Church-
wardens fail in their duties.

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DEAR SIR,

(Signed,)

H. BOYS.

TORONTO, April 29th, 1844.

Your letter to C. Gamble, Esq., of the 22nd inst.,
has been sent to me, and I beg to state you are in
error as regards the interest due on the loan of
£4,000 from the College to the Cathedral Church
of St. James. The money was not transferred to
the Church by the Bank of Upper Canada until the
28th April, 1843; and the College Council received
interest on the bonds so transferred up to that date.
I mentioned the circumstance when I paid the last
6 months interest, and your receipt states the inter-
est received to be due on 28th October, 1843, con-
sequently this last six months was due yesterday,
and I now enclose you a cheque for the amount of
ing me a receipt for the same.
£120 currency, and shall feel obliged by your send-

(Signed,)

The Council took into consideration an ap-
plication from the Churchwardens of St. James'
Church for a loan of £4,000, which application was
submitted to the Council, at their meeting on the
13th April last, and was then referred to Mr. Dra-
per, at that time Attorney General, for his opinion.
Mr. Draper's opinion, dated the 18th April, being
read, the Council were led to consider the security
offered unobjectionable; and it appearing to the To Mr. W. WAKEfield.
Council that the Corporation would derive advan-
tage by disposing of such of their Debentures as
had become liable to early redemption for a more
permanent security at 6 per cent., they consented to
make the advance, and directed the Bursar to carry
the same into effect with the assistance of the So-
licitor.

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SIR,

W. WAKEFIELD.

KING'S COLLEGE OFFICE,
TORONTO, May 3rd, 1844.

I beg to acknowledge the receipt of your letter of the 29th ultimo, enclosing a cheque on the Bank of Upper Canada, for the sum of £120, being for six months interest on the loan of £4,000 to the Cathedral Church of St. James, in this city, to the 11th of last month, and I enclose you the usual official receipt for the amount. We were both in error as to the day from which the Church was to be charged with this. I have now ascertained from the Bank that the interest on the Debentures were calculated to us to the 11th April, 1843; and as you will get interest on them from that date, that becomes the day from which we are entitled to claim interest from the Church.

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Appendix (E.E.E.)

31st July.

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1. The receipt submitted to the Council by Dr. Gywnne, at the meeting held on the 20th April last. The receipt has been mislaid. It was dated the 2nd April, 1844, and was given by the Bursar to Dr. Gwynne for interest due on his account.

2. The Bursar's observations on the objections taken by Dr. Gwynne to the mode in which his account had been settled. (Read in Council, 24th April, 1844):—

It has been my endeavor to place all the arrears due to this institution on a footing of bearing interest; and to secure this object, it has been my practice to take notes of hand from the parties indebted to us, which notes were made to bear interest. My book of notes of hand will show how generally I

Appendix (E.E.E.)

31st July.

Appendix have acted on this principle. I have treated Dr. (E.E.E.). Gwynne's case in the same way, except that I did not exact from him a note of hand, for I thought 31st July. that unnecessary with a person of his station in society. If, in some cases, I have neglected to act on this principle, it has been for some special reason: the party has come to settle within a short time of the proper time, or I have thought it a fortunate thing to get anything from the party; or for some reason or another, in the particular case, it has appeared to me to be to our own advantage not to apply the principle.

But in Dr. Gwynne's case, I could see no one reason whatever for the remission of the principle. Dr. Gwynne came into possession of this property in the year 1834. The conditions on which the property was sold were, that the purchaser should pay the interest half-yearly; and if he did not do so, that extra interest should be charged for delay. Now, Dr. Gwynne departed from his contract, in not paying his interest half-yearly for nine years; in fact, not paying any interest whatever from the time he came into possession; and during the whole time, as I was credibly informed, and as he has himself since told me, he was receiving £40 a year as a ground rent for the premises, by which he has obtained nearly £400.

I had also, in 1842, sent him a balanced account, calling upon him for settlement; and I have repeatedly since sent Mr. Hawkins to him for the same purpose. When I spoke to him, a few months back, he put the matter off till he should receive his salary as Professor; and on a former occasion, when I spoke to him, I remember telling him he might settle the account by a note of hand. Therefore, there could be no reason for dealing with Dr. Gwynne in a different manner from other people; accordingly I settled with him in the following manner :-I debited him with the balance of the account sent to him in 1842, namely, £274 1s. 5d., which sum consisted of £189 remaining due of his purchase money, and £85 18. 5d., simple interest thereon to the 10th January of that year. As he did not come to settle in 1843, I debited his account with a year's interest on the balance above mentioned, which made his debt £290 10s. 3d.; and this sum I carried on as a balance to the next year. On the 10th January, 1844, as he did not come forward to settle, I debited his account with a year's interest on the balance of the preceding year, which made him indebted £307 18s. 10d., currency. On the 2nd of this month, (April,) he came to settle, when he paid me £118 18s. 10d. currency, which, perhaps, I ought to have received as a sum on account of his balance; but, at his request, I inserted in the receipt that it was for interest on his account. What I have done appeared to me so lenient towards Dr. Gwynne, that I could but suppose, on reflection, he would not persevere in objecting to it.

The Council must perceive the great advantage he has derived by keeping their money in his hands nine years, for seven years of which time the Council may, in all equity, charge him with interest.

Appendix I will not pretend to judge of the legality of what I have done. I have done what I thought reason- (E.E.E.) able for the interests of this institution, though I am convinced, without pushing its claims to their full 31st July. equitable extent; and the part to which Dr. Gwynne takes exception, I have done on the principle on which merchants and bankers in England keep their accounts.

Whatever opinion may be formed of the manner in which I have treated Dr. Gwynne's case, and the cases of others in arrears, the institution cannot submit to the loss of the income it ought to derive from the arrears; and we must either adopt the harsh measure of sueing for the whole of them, or devise some expedient of placing them on a footing of bearing interest.

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1st. That the charge of compound interest is illegal in the circumstances. It is not pretended that the accounts in which the charge occurs were what are called, technically, settled accounts; that is, accounts settled between the parties at stated periods, and interest charged from the date of each settlement. When notes of hand were given, interest has properly been charged upon them; but where accounts have remained unsettled, the charge of interest is illegal, and the Institution is then subject to the charge (placed in the position) of making illegal demands to supply deficiences caused by remissness in not collecting debts legally and justly incurred.

2ndly. That the arbitrary power assumed by the Bursar, of charging interest on unsettled accounts, is illegal, unauthorized, and injurious to the interests of the Institution. The Bursar's office is ministerial, not discretionary, and should be confined to such transactions as fall strictly within his duties as an officer of the Council. If the charge of compound interest had been legal, it was his duty to have made it without regard to parties; and the exhibition of partiality manifested in his Report was improper and unauthorized. The exercise of this discretionary power would deprive the Council of an important and salutary check on the Bursar's accounts, inasmuch as, if the compounding of claims be left with him, it becomes impossible to test either the value of his discretionary operations, or the correctness of his transactions and statements.

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I have the honor, &c.,

(Signed,)

I have the honor to acknowledge the receipt of
your letter of the 12th instant, requiring my opinion
on the mode in which interest may be charged and
collected, at law, on instalments of purchase money To H. Boys, Esq.
of lands sold by King's College on credit.

In the absence of any other than the usual agree-
ment between the vendor and the purchaser, to pay
by instalments with interest, I do not think the ven-
dor has the option of converting arrears of interest
into principal and charging interest thereon. And
although, in merchants' current accounts, for mutual
transactions, made up and rendered annually, inter-
est has been, and is usually, allowed in the annual
balances thus struck, this rests upon custom, or upon
an agreement implied from a tacit acquiescence in
such mode of making up accounts. I do not think
the practice has ever been judicially recognized, as
applicable between vendor and purchaser of real

estate.

But as the interest, when in arrear, is thus unproductive, the vendor has a right to enforce its

W. H. DRAPER.

Opinion of J. E. Small, Esq., Solicitor to the Uni-
versity. In re, between King's College and
Dr. Gwynne.

CASE.

In the month of July, 1829, Dr. Gwynne became the purchaser of Lot 11, Church-street, Block D, in the City of Toronto, for the price or sum of £210, and paid at the time of purchase £21, leaving a balance of £189 due to the College, which was to be paid in nine years, with interest payable thereon half-yearly. On the 2nd Oct., 1834, Dr. Gwynne paid in the sum of £56 14s., being for five years interest to the 10th July then last. From that date

Appendix interest of each person's debt, as it falls due, ought to be paid into the hands of the Bursar, who would (E.E.E.) then invest the amount in such a manner as to produce an increase to the funds of the institution. J. E. SMALL,

(Signed,)

Appendix
no further payments appear to have been made be-
(E.E.E.) fore the expiration of the nine years, at which time
a statement of account was made out between the
31st July. parties up to the 10th January, 1842, showing a
balance due to the Council of £274 1s. 5d., which
amount included £85 1s. 5d. for interest on £189,
computed in the usual manner. After that period
the Bursar has continued, I presume, without any
assent on the part of Dr. Gwynne, to such a course, Toronto, 16th Nov., 1844.
(as there does not appear any account to have been
rendered after 1842,) to calculate the interest on the
balance due, and carry the amount of principal and
interest to the debit side of Dr. Gwynne's account,
or, in other words, has made annual rests, thereby
charging Dr. Gwynne compound interest.

On the 2nd April, 1844, Dr. Gwynne, having been furnished with his account so made up, paid to the Bursar £118 18s. 10d. in full of the interest up to that date, and, in doing so, stated that he objected to being thus charged interest upon interest, but did not pay it under protest, as I gather from the papers relating to the transaction.

The question now submitted for my consideration is, whether, at law, Dr. Gwynne or other parties could be compelled, in case of refusal, to pay the interest computed in this manner?

Moved by the Vice-President,

Solicitor.

That the sum of £55 4s. 8d., being the amount overcharged to his Lordship, the President, according to the opinion of the Attorney General, of the 25th October, 1844, be refunded to him with interest thereon.

Which motion, being seconded by Dr. Gwynne, was put and carried.

A marginal note by the Bursar, viz:-Paid to his Lordship on 8th December.

CHAPLAIN.

Dr. Beaven having withdrawn, it was moved by the President,

Excellency the Chancellor of the University, stating
That a respectful representation be made to His
that the Rev. Dr. Beaven has discharged the duties
of Chaplain to the institution since the commence-

I am of opinion that nothing can be clearer than
that, after the furnishing of the account in 1842,
showing the balance of £274 1s. 5d., and payment
demanded, the Bursar was perfectly justified in com-
puting the interest from thenceforward on that ba-
lance, the amount having, after that time, become,
I consider, principal, and not to be longer looked
upon as principle and interest. But, as regards the
subsequent interest, I do not conceive that such a
mode of reckoning it (that is, by rests,) would be
allowed, unless by the consent of the parties, ex-
pressed or implied; such, for instance, as an accountment, and praying the Chancellor's concurrence, that
having been furnished annually, showing such a
course of dealing with the claim, and Dr. Gwynne
not objecting. If it would, the institution wonld
be in a much better position than by taking a note
carrying interest, which interest would only be cal-
culated on the amount of the note. I therefore

think that simple interest only should have been
charged on the sum of £274 1s. 5d. currency; es-
pecially, as Dr. Gwynne had a right to presume
that such a course would be pursued, he having been
charged in that manner in the account furnished in
January, 1842. I do not consider, however, that
there is anything illegal in such a mode of charging
interest; but it is doubtful if any jury, in the event
of its being carried before them, would allow it;
and Dr. Gwynne, having paid the amount with a
perfect knowledge of all the facts, is not now in a
position to obtain any portion of it back, except
through the favor of the Council.

But I conceive the receipt or non-receipt of this interest, by the Council, is a matter of very little importance, so far as this instance of Dr. Gwynne is concerned; but when the principle is applied to the money transactions of the institution generally, it becomes a matter of serious consideration; and, upon that point, I would merely state that I would hesitate to attempt the enforcing of a demand so constituted, but would recommend that, in future, individuals should have their account furnished to them annually, carrying the interest into the account as principal each year or half-year, as the case might be, in the same manner as is done by merchants and bankers; for there can be no question that the

an allowance be made to him for his services, at the
being seconded by Dr. McCaul, was put and carried;
rate of £100 currency, per annum; which motion,
Dr. Gwynne recording his dissent in the following
being seconded by Dr. McCaul, was put and carried
terms:-

former day the Bursar reported that our present
Dr. Gwynne dissenting, on the ground that on a
expenditure exceeded our annual income; and he
considers it desirable that the annual expenditure
should not, under any circumstances, exceed the an-

nual income.

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I am directed by the Chancellor to acknowledge the receipt of your letter of the 29th ultimo, transmitting, for the special consideration of His Excellency, an extract from the minutes of the proceedings of the Council, of the 30th October, recommending an allowance, at the rate of £100 per annum, to be granted to Dr. Beaven, for his services as Chaplain, and in reply, to state, that the Chancellor, before offering an opinion on the subject, is desirous of being informed whether the ground of Dr. Gwynne's dissent from the resolution be well founded, namely, that the present expenditure of the institution exceeds its income. Whether this be so or not, however, His Excellency questions the expediency, in

31st July.

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