The Sun.
London, England, 1857-03-12 00:00:00

ROYAL SURREY GARDENS.

AGRAND CLASSICAL CONCERT, in a'd
of the Funds of the EARLY CLOSING ASSOCIATION,
Thursday Evening, the 19th inst. See Placards and other Adver-
tisements. , JOHN LIL%YALL, Hon Sec.

LAW INTELLIGENCH.—March 11.

COURT OF BANKRUPTCY.
(Before Mr, Commissioner Holroyd.)
111 THE ROYAL BRITISH BANK-EXAMINATION OP MR.

ESDAILE, THE GOVERNOR OF THE BANK.

This was a sitting appointed for the examination of Mr.
Edward Esdaile, the governor of the brrnk.
Mr. Linklater appeared for the assignees, and Mr. 'Pen-
ning for Mr. Esdaile.

Mr. Esdaile, examined by Mr. Linklater—My Cbristian
name is Edward. I am residing now in London, at my
father's house, in Bedford-place; without occupation. I
was formerly a director and also governor of the Royal
British Bank. I was on its provisional committee, and
have been connected with it as a director since.
Wren did you first become a director of the bank ?—I
think it was in the early part of 1849. The exact month I
do not recollect. January or February, I dare say.

When did you become a governor of the bank?—ln Feb-
ruary, 1855.
Did you continue to act as a director of the bank from
the time it commenned business in 1849 down to its close in
Sept., 185 i ?—Yes.
Examination continued—l was at no period daring that

time out of the direction. I was governor from Mr. Wal-
ton's retirement from the chair, in Feb., 1855, and con-
tinued governor down to the time of the closing of the bank.
The bank commenced business on the 19th Nov., 1549.
What was the amount of subscribed capital with which
the bank started ?-50,0001.
Subscribed capital 2-100,000/.
Be kind enough to pause a little before you answer the
next question. How much of that capital was paid up when
the bank commenced business?-50,0001.
Do I understand you to say that the whole sum of 50,0001.
had been actually paid up in cash before the bank com-
menced business 2—Cash or the representatives of cash.
Will you tell me how much had been paid up in cash ?
—I do not exactly recollect within a few thousands, the
balance being ropresented by notes of hand, which were
deemed to be equivalent to cash.

That account produced is one that has been prepared by
Mr. Coleman (handing an account to the witnesA). Will
you be kind enough to look at it, to see whether the repre-
sentation is correct, that the actual amount subscribed in
cash up to the time when the bank commenced business was
42,765/. 6s. 5d., and no more?—l believe that is the fact.
I cannot say, but I believe it to be so.

Was the remainder of the 50,0001., viz., 7,2321. 13s. 7,1.,
made up of the promissory notes of the several dates named
in that account ?—To the beet of my belief, I was then a
junior director, and of course these things were managed
then by the governor, deputy-governor, general manager,
and solicitor.

Were you aware that before commencing the business of
the bank the act of Parliament required that the whole sum
of 50,0001. should have been actually paid up?—Yes, in one
way or the other, essentially paid up.
Do I understand you to represent that you believed the
directors had complied with the requirements of the act O
Parliament ?—ln spirit.
Bnt not in fact ?—Not in fact, if it is to be assumed that
the 50,000/. were intended to be in sovereigns or bank notes.
Will you tell me how much cash the bank had actually
at its disposal when it commenced business on the 19th of
Nov., 1849 ?—I cannot charge my recollection with the
sum.

Just look at that (handing the book to the witness.)—l
have no doubt that is correct.

I understand you to say you have no doubt the bank
book is correct ?—I can have no doubt of that.
Then you mean that the cash actually standing to the
credit of the bank ix the Bank of England was 20,2501.,
and no more?—yes, I presume that is correct.
I observe that on the 20th and 21st of November there
are two sums of 5,6851. and 3,110!. placed to the credit of
the account with the Bank of England. Will you tell me
from what source these two sums came ?—I cannot. I have
no recollection at all.

Have you any means of ascertaining?—No doubt I
should refer to the accounts of the bank for that informa-
tion. I have none at all.

I find on the same days, namely, on the 20th and 21st
Nov., cheques are drawn in favour of Mr. James, which
are signed by R. Hartley Kennedy, Edward Esdaile, and
Hugh Innis Cameron. Ara those two cheques signed by
you, Mr. Alderman Kennedy, and Mr. Cameron ?—They
are certainly signed by myself. I believe also by Mr. Ken-
nedy ; and that is Mr. Cameron's signature.
Can you tell me for what purpose thesa two cheques
were drawn ?—I cannot. 1 have no recollection of the cir-

cumstance.
Rave yonany means of gaining information on that sub-
ject ?—Not that I know of, except
with reference to the
accountbooks of the bank at that tune.
Who is Mr. James, in whose favour those cheques wert
drawn do not at all remember. I cannot bring the
circumstance to my reoollection at all.
Do you know whether any loan had been obtained by the
directors of the Royal British Bank for the purpose of
J Bank of EtHand
making it appear that the account iu th
was larger than it actually was ?—Not to my recollection.
It is a matter of cousiaerable importance, and about
which one would think pur memory would enable you to
answer with certainty. I ask you again, are you not aware
that the directors of the Royal Bri i h Bank borrowed
money for the purpose of paying it to the clelit of their
account with the Bank of England, in order to swell up the
amount
standing to their credit at the time they com-
menced n
?—Speaking from my recullection at this
cannot say that I do recollect the circumstance,