The Sun.
London, England, 1859-06-03 00:00:00

WILLS AND BEQUESTS.

The will of Colonel Charles Fitzgerald, of the
Hon. East India Company's service (retired), on
their Bengal establishment was proved in London
on the 20th of May by the executors; iEneas
Mackintosh, Esq., appointed by the will, and
Edward Fitzgerald, Esq., his brother, appointed
by the codicil. The will and codicil are dated
respectively the 16th and 28th of September, 1857.
The testator died, on the 18th of April, 1859, at the
Club Chambers, Regent-street. His personal estate
was sworn under £40,000. He has left his property
to be equally divided amongst his four brothers and
their children, his sister and her children ; to his
nephews and nieces, some orphans as described; and
should any of the legatees contest the will they shall
be excluded from any participation thereof.
Munificcent bequests to the charitable institu-
tions in the metropolis, as hereunder mentioned,
amounting to £17,500, are left by the will of the
late Joshua Drinkald, Esq., of 131amdford-square,
Marylebone, who died on the 30th of March, 1859
—viz., to the Middlesex Hospital, Charles-street,
Tottenham-court-road, £3,000 ; the Free Hospital,
Gray's-inn-road, £2,000 ; the Western General Dis-
pensary, Marylebone, £l,OOO ; the School, Christ-
church District, Stafford-street, Marylebone, £5OO ;
(these two last named legacies to be placed to an en-
dowment fund, if any such exist ; the Dreadnought
Seamen's Hospital Ship, Thames, of which his late
brother, John Drinkald, was a most zealous working
member of the first committee formed for promoting
the object of this most useful charity, £l,OOO ; the
London Hospital, Whitechapel-road, £4,500 ; the
Samaritan Society, instituted to assist those cases
of distress in the London Hospital which are so
much in need of it, £5OO ; and the Marine Society,
London, to be applied to the object for which the
society was origihally intended, and not in building
purposes, £5,000. His personal estate was proved
under £80,009, and there is a probability of the
above institutions being benefited by the terms of
the codicil, which changes the disposal of the
residue given by the will in favour of the
institutions. The will was made on the Ist of Sep-
tembar, 1858, and the codicil on the 22d of Decem-
ber following. The executors are William Symons,
Esq., of Mark-lane, and Francis James Ridsdall,
Esq., of Gray's Inn. There are many pecuniary
and specific bequests, and the estates, farms, and
lands, are bequeathed in portions. His niece, ary
Ann Drinkald, has a life interest in a large portion
of the 'estates, and is left the residence and house-
hold furniture and effects, and a pecuniary legacy;
and to Mr. Robert Keeling, merchant, at Leghorn,
or to his wife, or children, there is left a legacy of
£lO,OOO. It is a long will, and was proved in the
London Court of Probate on the 27th of May, 1859.
—lllustrated London News.

THE COUNCIL OF LEGAL EDUCATION.—At the
public examination of students of the inns of court held at
Lincoln's-inn-hall on the 23d,. 24th, and 25th days of May,
1859, the Council of Legal Education awarded to James
Anstie, Esq., student of Lincoln's-inn, a studentship of 50
guineas per annum, to continue for a period of three years.
Joseph George Long Innes, Esq., student of Lincoln's-inn;
Lewis Wm. Cave, Esq., student of the Inner Temple; and
Thomas Edward est, Esq., student of the Inner Temple
—certificates of honour of the first class. Lionel Uniacke
Steele, Esq., student of Gray's-inn; George Lea, Esq.,
student of the Inner Temple ; Wm. Neish,
Esq., student
of Lincoln's-inn ; Wm. Bradford, Esq , student of the
Middle Temple; Michael Richard Barry, Esq, student of
Lincoln's-inn ; Henry Stewart Cunningham, Esq., student
of the Inner Temple; Robert Greenoak, Esq., student of
the Middle Temple ; Wm. Flood Yates, Esq., student of
the Inner Temple ; James Lowe, Esq, student of the
Middle Temple ; Thomas Nottidge, Esq: ' student of Lin-
coln's-inn ; Joshua Strange Williams, Esq.,
Lincoln's-inn ; and De Castro F. Lyne, Esq., student of
the Middle Temple—certificated that they have satisfacto-
rily passed a public examinations., student of

TEE LIVERPOOL BOROUGH B.,tNK.

A general meeting of the proprietors and con-
tributories of this bank was held on Wednesday for
the purpose of receiving the resignation of Mr.
Joshua _Dixon, as one of the liquidators, Mr. J.
,H. Branker occupied the chair.
Mr. DIXON, in explaining the reasons which had
led him to tender his resignation, made the follow-
ing observations :—ln thus taking leave of you, I
wish, with your permission, to make a few remarks
in reference to the widely-circulated misrepresenta-
tions of the facts elicited in the case of " Scott v.
Dixon." I have adopted a course with regard to
cases of a similar nature, which hafi not yet resulted
in the attempt, by a new trial, to obtain a reversal
of the verdict obtained in that case. But whether
there be a new trial or not, I do uet the less protest
against the great injustice done to me by that ver-
dict. The only case made against i c.e, or that can be
made against me, rests within the; narrow limits of
my having concurred in the report issued to the
shareholders in July, 1857, when I had before me
an estimate of losses, showing that the capital
seemed to be trenched upon to the extent of £58,000
out of £1,000,000. I did so concur, but only be-
cause I believed it impossible that any one could
read it without seeingthat the capital was trenched
upon. To show that this was my opinion, I may
mention that I suggested to the board of directors
the necessity of being prepared with reasons in
answer to the question which I expected would be
put, why a dividend had been paid when, on the
showing of the report, it was paid out of capital.
In anticipation of this question the directors were
accordingly prepared to give their reasons. I was
not induced to adopt the report that was issued.
because I thought it would have a more favour-
able influence on the public or the share market
than my own draught report. On the contrary, I
entertained and incidentally expressed the opinion
in hearing of some parties—gentlemen who yet
remember it—that a report like my draught report ,
would inspire shareholders with more confidence
than one like that which was issued. I feel con-
vinced that if my draught report had been adopted,
purchasers of shares would have had to pay more
than they did. But, passing from what wo.-..4 meant
and intended, what was the effect—what were the
consequences of the report as it was issued ? Neither
I nor the board had any information warranting
us in entertaining a worse opinion of the bank's
affairs than was conveyed in the statement laid
before us by the manager, showing an estimated
deficiency of £58,000, including the dividend which
had already been paid. This made the value of
the shares about £9 3s. each—the price at
which they were sold in June previous to the
report ; but after the bank's loss by Doherty
became known, was £lO ss. and £lO. After the
report was issued the highest price paid was £9.
The report, therefore, caused the shares to fall more ,
even than the estimate of losses warranted. Any
gentleman who brings an action for injury caused
to him by that report undertakes to be aggrieved
because I did not impart to him information which
I did not myself possess, and which, ac., an outside
director, I was prohibited from aco,:airing 19y the
notorious rules and practice of the bank, which,
however vicious as a system, wee yet in accordance
with the custom of the placP.. I speak of myself as
an outside director, because when the report was
issued I was virtually only such, for I had not then
had time to acquire dye information to be obtained
by being behind the scenes. The report was issued
on the 28th of Jn.iy, and it was only on the
4th of July, aftw: an absence from Liverpool,
and from my ow% business of nearly a month, that
I wasked to '.upply the place ad interim of the
two mana;ing directors in office, neither of whom
attended. on account, as I understand, of ill-health.
I was a supernummerary, in fact, until the first of
August, after the meeting had taken place, and it
w.s only then that a vacancy occurred, to fill which
I was elected, and it was only then I begun to
receive the salary of a managing director. If further
evidence were wanted to show the good faith of
myself and of the board, and the absence of all
fraudulent or unfair intention, it is to be found
in the fact that a director purchased 98 shares after
the report was issued, with no other motive
than that of thinking it a good investment. This
gentleman had before him the statements on which
I and the board acted. It has been alleged that
I have uttered expressions showing moral
regret and coisciousness of having done wrong. I
cannot imagine how such an impression can have
arisen. I have never expressed, nor felt, nor had
cause to feel any sentiment akin to that of moral
regret. I have not intended nor done anything
that has produced, or that was calculated to pro-
duce, any impression as to the value of the shares
inconsistent with the knowledge I possessed.
Gentlemen, I first addressed you with the object of
exposinc, the vicious system of outside directorates,
by which well-intentioned and respectable men
allow their names to be paraded before the unini-
tiated as apparently vouching for the correctness
of statements respecting which the initiated know
they have no personal knowledge, being entirely
dependent on the report of others. I trust this
motiye may excuse me for having had occasion to
trespass on your time and indulgence now.
Mr. ROGERS proposed and Mr. GEO. CAMPBELL
seconded a resolution to the effect that the resigna-
tion by Mr. Joshua Dixon of his office as one of the
liquidators be accepted. Mr. Rogers remarked that
the shareholders entertained a very high opinion of
Mr. Dixon's services, both before and after the
commencement of the liquidation, and said he would
carry with him in his retirement the thanks of the
proprietary.
The motion being carried,

Mr. MARRIOTT proposed :
" That the vacancy occasioned by the resignation of Mr.
Joshua Dixon, as one of the liquidators of this company, be
not ,filled up, but that Messrs. J. B. Brancher, Peter Ser-
jeantson, Philip Rawson, and Harmood W. lanner, the
other liquidators, be, and they are hereby, authorised to
continue the winding-up of the affairs and distribution of
the assets of this company alone."
He also bore testimony to the value of Mr.
Dixon's services, and said the conduct of the gen-

NAVAL APPOINTMENTS.

The following appointments were made this afternoon at
the Admiralty :
Commander—W. J. Pollard to the Edgar.
Lieutenant—D. Stewart, to the London.
Midshipman—F. W. Skeen, to the Agamemnon.
Naval Cadet—The Marquis of Queensberry to the Aboukir.
Assistant-Surgeon—James Trimble (acting) to the Mel-
pomene.

LONDON G4ZETT.E--( THIS EVENING)

FOREIGN-OFFICE, JtNE 1.
The Queen has been graciously pleased to appoint the
Honourable Henry George Elliot, herMajesty'sEnvoy Ex-.
traordinary and Minister Plenipotentiary to the King of
Denmark, to proceed to Naples on a Special Mission to
convey her Majesty's congratulations to the King of the
Two Sicilies, on his Majesty's accession to the throne.

DOWNING-STREET, JUNE 3.
The Queen has been pleased to erect the district of More-
ton Bay, tTew South Wales, into a separate Colony, to be
called the Colony of Queensland ; and to appoint Sir George
Ferguson Bowen, K.C.M.G., to be Captain-General and
Governor-in-Chief in and over the said colony and its de-
pendencies.
Her Majesty has also been pleased to constitute the said
new Colony to be a Bishop's See and Diocese, to be called
the Bishopric of Brisbane ; and to appoint the Reverend
Ed ward Wyndham Tufnell, D.D., to be ordained and con-
secrated Bishop of the said See.
Her Majesty has further been pleased to constitute the
Island of Saint Helena to be a Bishop's See and Diocese,
to be called the Bishopric of Saint Helena, and to appoint
the Reverend Piers Calveley Claughton, D.D., to be or-
dained and consecrated Bishop of the said See.

WHITEHALL, JUNE 2.
The Queen has been pleased to present the Reverend
William Shanks to the church and parish of Maryhill, in
the presbytery of Glasgow, vacant by the transportation ri
the Reverend John Colvin, late Minister thereof, to the
church and parish of Kirkmabreck.
CROWN-OFFICE, MAY 28.
MEMBERS RETURNED TO SERVE IN THE PRTSENT
PARLIAMENT.
Borough of Carnarvon—Charles Wynne, Esq.
Borough of Devizes—John Neilson Glelstone, Esq.,
Commander R.N., of Bowden Park, Wiltshire ; Christo-
pher Darby Griffith, Esq., of Padworth House, Berkshire.
WAR-OFFICE, PALL-MAU, JUNE 3.

97th Regiment of Foot—Major-Genera)Edmund Finucane
Morris, C. 8., to be Colonel, vice Lieutenant-General
Henry Adolphus Proctor, C. 8., &ceased.
WAR-OFFICE, PALL-MALL, JUNE 3.

2d Regiment of Life Guards—Omet and Sub-Lieutenant
and Adjutant Robert Reid co have the rank of Lieute-
nant ; Cornet and Sub-LiJutenant Thomas Leyland to
be Lieutenant, by purchase, vice Marshall, promoted.
7th Dragoon Guards—Hairy Bulkeley, Gent., to be Cor-
net, without purchase. vice M'Adam, promoted.
2d Dragoons '—Cornet liichard Austin Herbert has been
permitted to retirr from the service by the sale of his
commission.

sth Light Dragoons—Troop Sergeant-Major George Grif-
fith, from the ,Rh Dragoon Guards, to be Quartermaster,
vice Addyt_who reverts to the half-pay of Captain of the
late Land Transport Corps.

7th Light Dragoons—Cornet the Hon. Anberon William
Edward llfolyneux Herbert to be Lieutenant, by pur-
chase, vice Blakeley, promoted.
Military Train—Captain Thomas Edward Green, from the
82d Foot, to be Captain, vice Palliser, who exchanges.
Royal Artillery—Brevet-Major Robert Talbot to be Lieu-
tenant-Colonel, vice Montresor, deceased ; Second-Cap-
tain Oliver Robert Stokes to be Captain, vice Talbot ;
Lieutenant Henry Archibald Boyne to be Second Captain,
vice Stokes.

The date of the promotion of the under-mentioned officers
to be altered to 23d May, 1859, viz. :—Captain Sanford
Freeling and Second Captain J. E. Ruck-Keene.

6th Foot—Alfred Teevan Gent., to be Ensign, by purchase,
vice Morland, promoied ; William Harrison Falcon,
Gent., to be Ensign, by purchase, vice Roworth, pro-
moted.

7th Foot—Captain Hugh S. Cochrane, from the 16th
Foot, to be Captain, vice Twemlow, who exchanges ;
George Brooke Meares, Gent., to be Ensign, by purchase,
vice Flood, promoted.
Bth Foot—Wm. Albert Bridge, Gent., to be Ensign, by
purchase, vice Page, promoted.
12th Foot—Capt. Compton A. S. Dickins, from the 38th
Foot, to be Captain, vice Martin, who exchanges.
13th Foot—Alexander Duke Simpson, Gent., to be Ensign,
by purchase, vice Moffett, promoted.
15th Foot—Ensign Henry W. R. de Coetlogan to be lieu-
tenant, by purchase, vice Tyler, promoted
16th Foot—Capt. George Hamilton Twemlow, from the
7th Foot, to be Captain, vice Cochrane, who exchanges ;
Christophen Samuel Bailey, Gent., to be Ensign, by pur-
chase, vice Walker, who retires.
19th Foot—George Archibald Warden, Gent., to be En-
sign, by purchase, vice Briscoe, promoted.
20th Foot—Quartermaster William Smith, from the 29th
Foot, to be Quartermaster, vice Aylett, who exchanges.
22d Foot— Ensign Robert Henry Dillon to be Lieutenant,
by purchase, vice Palliser, who retires ; James Allan
Park, Gent, to be Ensign, by purchase, vice Vivian,
promoted. '
23d Foot —Ensign Jas. Clayton to be Adjutant, vice Lieut.
Gregorie, who resigns the Adjutancy only.

26th foot--=Capt. Sfr H. St. john Mildiriay, Bart., from
half-pay, 60th Foot, to be Captain, vice Wallace, ap-
pointed Adjutant of a Depot Battalion; Lieut. W. Elliott
Lockhart to be Captain, by purchase, vice Sir H. St.
John Mildmay, who retires - Lieut. M. H. Hale to be
Captain, by purchase, vice Chute, who retires ; Ensign
George Philip Fawkes to be Lieutenant, by purchase,
vice Lockhart; Ensign Philip Conway Story to be Lieu-
tenant, by purchase, vice Hale ; George Douthwaite,
-Gent., to be Ensign, by purchase, vice Fawkes.
29th Foot—Frederick Charles Buxton, Gent , to be Ensign,
by purchase, vice Shadwell, promoted ; William Graham
Arnold, Gent., to be Ensign, by purchase, vice Cochrane,

promoted ; Quartermastei Janies Aylett, from the 20th
Foot, to be Quartermaster, vice Smith, who exchanges.
32d Foot—Ensign C. F. Clery to be Lieutenant, by pur-
chase, vice Charlton, who retires ; H. W. M. Cathcart,
Gent., to be Ensign, by purchase, vice Clery.
35th Foot—Lieutenant John Ormsby Vandeleur to be
Captain, by purchase, vice Harris, who retires.
38th Foot—Captain David William Martin, from the 12th
Foot, to be Captain, vice Dickens, who exchanges.
39th Foot—Ensign John B. Corballis to be Lieutenant, by
purchase, vice Wm. Osborne Smith, who retires.
44th Foot—Ensign Henry William Heane to be Lieutenant,
by purchase, vice Kendall, promoted.
51st Foot—Henry Montague Trenchard, Gent., to be En-
sign, by purchase, vice Cobb, promoted ' • George Bever-
ley Bird, Gent., to be Ensign, by purchase, vice Barn-
ston, appointed to the 55th Foot.
52d Foot—Vesey Edmund Knox, Gent., to be Ensign, by
purchase, vice Wilberforce, promoted.
57th Foot—Lieutenant John Charles Crawford, from half-
pay 52d Foot, to be Lieutenant, vice Grace, promoted to
an Unattached Company, without purchase ; Ensign
Reginald A. Hoby Cox to be Lieutenant, .by purchase,
vice Crawford, who retires.
58th Foot—Captain Aldborough Rundle, late 40th Foot, to
be Paymaster, vice Timbrell, who retires upon half-pay.
63d Foot—Carnet William Jeffreys Pegus, from half-pay
late Land Transport Corps, to be Ensign, vice Slack,
appointed Quartermaster to the School of Musketry at
Hythe • Major Dawson Hill, Gent., to be Ensign, by
purchase vice Pegus, who retires.
64th Foot—Ensign Henry Davies to be Lieutenant, without
purchase, vice Hudson, promoted in the 15th Foot.
69th Foot—Ensign Henry Charles St. George to be Lieu-
tenant, without purchase, vice Marcon, promoted in the
12th Foot ; Lieutenant Romaine F. Stirize to be Adjutant,
vice Marcon, promoted in the 12th Foot.
70th Foot—Ensign Herbert John Hill to be Lieutenant,
by purchase, vice Wright, whose promotion, by purchase,
on the 25th March, 1859, has been cancelled.
74th Foot—Edwin Augtistus Windsor, Gent., to be En-
sign, by purchase, vice Pavy, promoted.
77th Foot—Ensign Reginald Hoskins to be Lieutenant, by
purchase, vice Hill, who retires.
80th Foot—Lieut. F. Brown Numa Craufurd to be Adju-
tant, vice Borrowes, promoted.
82d Foot—Captain Edward M. Palliser, from the Military
Train, to be Captain, vice Green, who exchanges.
85th Foot—Quartermaster John Robert Rouse to be Pay-
master, vice l echell, deceased.
86th Foot—Ensign George Fowler to be Lieutenant, with-
out purchase, vice Dartnell, promoted to an Unattached
Company, without purchase; Lieut. Duncan Stewart to
be Adjutant, vice Dartnell, promoted to an Unattached
Company, without purchase.
99th Foot—Lieut. William Arthur Bond to be Adjutant,
vice Clarkson, premoted.
taillini,allarepaSyainls the Rifle Brigade—Captain
tCoabpetaicnaWp frodifference,ltlhalf-vpiacey
Brevet-Major Buller, who exchanges ; Lieut. Palmer
Whalley to be Captain,
by purchase, vice Sampson, who
retires, Lieut. Robert Edward Stuart Harington to
be Captain, by purchase, vice Lindsay, who retires
Lieutenant Grcville Charles Lane to be
d ;
chase, vice Robertson, who retiree aptain by pur-
chase,Ensign John Bowle
Evans to be Lieutenant, by purchase, vice M. J. Guest,
who retires ; Ensign Francis Markham to be Lieutenant,,
by purchase, vice Whalley ; Ensign William Arbuthnot
to be Lieutenant, by purchase, •
vice Harington; Ensign
John Francis Mair Winterscale to be Lieutenant, by
purchase, vice Lane; George John Fitz Roy Smyth,
Gent., to be Ensign, by purchase vice Lane Fox, pro..
moted in the Grenadier Guards.
Royal Canadian Rifles—Thomas Henry Selwyn Donovan,
Gent., to be Ensign, without purchase, vice Jackson,
whose appointment, as stated in the Gazette of the 30th
March, 1858, has been cancelled.
St. Helena Regiment—Thomas England, Gent., to be En-
sign, without purchase, vice Hewson, promotd.
DEPOT BATTALION.—Captain W. G. Everard Webber
42d Foot, to be Instructor of Musketry.
COMMISSARIAT DEPARTMENT.
The undermentioned Officers, having been placed on
Retired 'Pay, under the Royal Warrant of 28th October,
1848, to have a stop of honorary rank, viz. :
TO BE COMMISSARIES-GENERAL.
Deputy-Commissary-General Charles Anthony Clarke.
Deputy-Commissary-General John Bland.
Deputy. Commissary-General James Duff' att.
Deputy-Commissary-General Gilbert Hamilton Din-
widdie.
Deputy-Commissary-General James Wilson., ,
TO BE DEPUTY.COMMISSARIES-GENERAL.

Assistant-Commissary-General Josiah Pryce.
Assistant-Commissary-General HenryAddington Bayley.
Assistant-Commissary-General William Stevens.
Assistant-Commissary-General William Staun ton.
The Commisions to bear date 15th May, 1859.
CHAPLAIN'S DE PARTMENT.
The Rev. George Dacre, Chaplain orthe Fourth Class, to
be Chaplain of the Third Class.
The Rev. George Campbell Williams to be Chaplain a
the Fourth' C lass.

BREVET.
Captain Sir H. St. John Mildmay, Bart., 26th Foot, t be
Major in the Army. .
Captain William Henry Sampson, Rifle Brigade, to be
Major in the Army. Sampson,Brevet-Major William Henry Rifle Brigade,
to be Lieutenant-Colonel in the Army.
Captain Lancelot Francis Charles Thomas, of the Madras
Artillery, to be Major in the Army.
MEMORANDUM.—The exchange 'between Lieutenant
Julius Drake Brockman, of the 86th Foot, and Lieutenant
John Henry Waterfall, 95th Foot, as stated in the Gazette
of the 13th May, 1859, has been cancelled.