The Sun.
London, England, 1856-07-28 00:00:00

LAW INTEUIGENCE.

COURT OF APPEAL.
IN BANKRUPTOY--Pi PARTE WRYGHTE IN RE MARK

BOYD
This matter came before the Court on a petition pre-
sented by Mr. Wryghte, the official manager, under the
Winding-up Act, of the Royal Bank of Australia, :wainst
a decisiai pronounced by Mr. F. on tine Mit of Jure
last. whereby he allowed the oanUrupt an insem,l;ate
certificate of the fiat class. The petition prayed the re-
versal of that judgment ; and further, that the bankrupt
might be refused any certificate whatever. The principal
objections which were nilde by the petitioner to the
allowance of any certificate at all were that, as he con-
tended, the bankrupt had, in two instances or more,
been guilty of fraudulent preference ; and also, as a
member of the board of directors of the Royal Bank of
Australia, had sanctioned the payment of dividends oat
of capital when he knew that its affairs were in a state
of hopeless insolvency. In supp. rt of the charge of
fraudulent preference, it as stated that the bankrupt
in one case received 1,000/. from Mr. Hudson, out of
which he paid to Messrs. Black and Co., on the day of
his bankruptcy, 6001., as creditors of the firm of B and
M. Boyd, stockbrokers, although the Messrs. Black had
not issued any process against him, or were not very
pressing in their demands. Another charge of fraudulent
preference was with regard to a sum received in respect
of the purchase-money of a debenture of the bank. The
debenture was sold three days before the bankruptcy,
and the bankrupt stated that his reason for telling
it was because, seeing the hostile attitude Mr.
Wryghte hail taken against him, he was making arrange.
ments "to wind up and transfer a business that had
existed for 20 years in the City of London into other
hands." With respect to theoharge of the bankrupt, as
a director of the company, being a party to a declaration
of dividend out of capital and not out of profits at a time
when he knew the concern was involved—the proof of
that consisted in the fact that two days after the annual

meeting, on the 30th of June, 1846, when an increase o
one per cent in the company's dividend was made, Mr
Wray, the manager, who wrote to Mr. Robinson, in
Austrians, that the bank was in a serious dilemma, with
respect to certain bills to heavy amounts coming due,
and for which they depended up in receiving ample funds
from him (Mr. Robinson), and that if remittances were
not on the way to meet them, the result would be "not
only the immediate winding up of the establishment and
the sacrifice of our present advantages in the colony, but
we shall, also be open to the severe attacks of those who
will naturally accuse us of having misled them." Another
objection to the certificate was with reference to the re-
presentations made in 1849 by the bankrupt to Mr. Borth-
wick, an accountant sent up from Edinburgh to investi,
gate the affairs of the bankrupt, to the effect that his
brother owed him 26,777/, on balance of consikn-
ment, when in truth, as it was alleged, it even-
tually turned out he was indebted to his brother
70,0001. on that account. It was also alleged that
the Commissioner bad prevented the bankrupt an-
swering many of the questions which had been put
to him by Mr. Roxburgh on behalf of Mr. Wryghte,
when he (the bankrupt) was under examination, and
. that the Commissioner bad stated no reason for prevent-
ing such questions being answered by the bankrupt.
In the course of the arguments on the appeal, a letter
was read, written by Mr. Benjamin Boyd (when on
board ship bound for Australia) addressed to Mr.
Sutherland, a director. From that letter the following
are extracts :—" Plymouth, 9th November, 1841.—As
I am now starting for the colony, I wish to direct your
attention to a few suggestions which I should like ad-
hered to as nearly as possible during my absence.
. . . If any proprietors apply for a statement
of ,the affairs of the bank, you must reply to them in
very general terms. It is quite sufficient to tell them
that the concern is going on steadily, but that the direc-
tors thought it prudent, in the unsettled state of affairs
of Australia, to do very little until these commercial
difficulties had blown over. If this is not enough to
satisfy them, it will be well if their shares can be bought
up, as they will prove troublesome proprietors." The
general facts of the case have already appeared in the
Sun. The arguments in support of the petition of ap-
peal were not nearly concluded when the Court rose.
Mr. Daniel and Mr. Roxburgh were for the appeal.
Mr. Swanston for some of the shareholders.
Mr. Bacon, Mr. Selwyn, and Mr. Needham (of the
common law bar) for the bankrupt.

Naval and Military Intelligence.

By the removal of Admiral Douglas from the active
to the reserved list, thefollowing promotions take place:
Rear-Admiral of the Red Robert Wauchope to be
V.ce.Admiral of the Blue; Rear-Admiral of the White
the Hon. Henry John Rous to be Rear-Admiral of the
Red ; Rear-Admiral of the Blue George William Con-
way Courtenay to be Rear-Admiral of the White ;
Captains John Milligan Laws and Sir Burton Mamie-
mare (1833) to be Rear Admirals on the reserved list ;
Capt the Right Hon. Lord G. Paulet, C. 8., to be Rear-
Admiral of the Blue on the active list. By the latter
promotion a naval aide-de-campship to the Queen be-
comes vacant, and Captain the Hon. F. T. Pelham,
C. 8., of her Majesty's eehip Blenheim, becomes paid naval
aide-decamp to her Majeety. Captain It. P. Stopfind,
of her Majesty's ship Queen, attains the 14s. 6d. list;
Captain P. G. Hymes attains to the 12s. 6d. list.
The steam-transport Calcutta, Captain Blackinore,
arrived at Spithead yesterday morning from t!ee Crimea
(July 4), and Vigo (July 23) ; she experienced strong
gales up the coast of Portugal, and brings the following
officers and men and horses :—Brigadier-General Warren,
Captain St. John, Assistant-Surgeon. Pinkerton, and
Col. Peel, of the Staff ; also Captain D. Yorke, Lieuts.
Cockburn and Yeats, Cornet Wilkin, Assistant-Surgeon
Miller, and Veterinary-surgeons Antony and Gloag, and
Quartermaster Kontze, of the 11th (Prince Albert's)
Hussars ; also Col. Price, Major Hawkins, Capt. Hey-
man, Capt. Wilkinson, Capt. Davis, Senior Surgeon
Elliott, Assistant-Surgeon Betts, of the Royal Artillery ;
Lieut. Doaglas, of the 42d Highlanders ; Lieut. Pig•
gott, 44th Regiment ; Lieut. Mellish, 44th ; Lieut.
Bromhead, 4th ; Lieut. Johnson, 95th ; Lieut. Boyle,
38th ; Lieut. Maskeleyne, 20th ; Major Goodlake, Cold-
stream Guards ; Mr. D. Vlackenle, Purveyor's Clerk ;
Rev. C. Hort, Chaplain ; Mr. H. B. Middleton, Corn-
inisariat Clerk ; Messrs. Laming and Watson, civilians ;
237 non-commissioned officers and men, and 177 horses.
The Calcutta spoke the steatn•transport Pioneer on the
25th inst., 130 miles S.W. of Ushaut, under sail, being
shoit of coals.
Her Majesty's steam-frigate Leopard. 18, Capt. C. 0.
Hayes, arrived at Spthead on Saturday from the Crimea;
with the Espindola steamer, No. 206, in tow. The latter
had on beard 572 of the let and 6th battalions of the
Land Transp"rt Corps, with the following officers at-
tached ;---Major Shervinton, Captains Sheaffe, Norman,
Kippen' att
Nichols, Thompson, and Fitzgerald ; Lieut.
Kean -
Cornets Crag, G, Luard, and Borrett ; Quar
tertnaster Mitchell ; Surgeons Ewen and Shipton.
The Edina steam-transport, No. 199, arrived at Spit-
head from Malta, nn Sa.urd.sy, with 33 men, 2 women.
and 1 child of :he 93d R,giovnt; 95 men of the 31st,
70 men of the Land Transport Corps, and Brevet Lieut.•
Cot. cordon' 931,in military command; Lieut. Haynes
and Ensign Mackenzie, 93d ; Capt. Pearson, 93,1; Lieu
tenants Deane, Robinson, Mathews, and Jones, 31st;
Lieut. Fletcher and Cornet Skeats, Land Transport
Corps ; Dr. N. Ffolliet, in medical charge, and Dispenser
Do woes.
The Devonshire (lately appropriated for Russian pri•
sneers of war) at Sheerness, was on Saturday towed
from her ha.bour nviorings to the upper part of Saltpan-
reach, to make room in the lower division of the harbour
for the vessels belonging to the first class steam reserve,
under the command of Capt. Heisted.
The 18th Royal Irish disembarked at Kingstown on
Saturday morning, and immediately proceeded to Dub-
lin. The depot, 400 strong, is at present in Waterford.
The following promotions and appointments were
made on Saturdaylat the Admiralty :
Vice-Admiral Peter J. Douglas, to the reserved half-
pay list, in receipt of service pension,, vice Admiral
Glynn, deceased; Commander E Peirse, Commander
J. M'D. Skene, and Commander S. S. L. Crofton, pro-
moted to the rank of captain ; Lieut. C. J. Wrey, to
the Brilliant ; T. Edwards. master, to the Tortoise ; J.
H. Keit., master, to the Fisgard ; the Rev. George C.
Perches, chaplain, to the Edinburgh ; E. M. Johnstone,
naval instructor, to the Monarch ; G. S. Boerne, naval
instructor, to the Princess Royal ; James W. Lesley,'
acting assistant-surgeon, to the Victory. •

IADVERTISEMENT. I SMUT AND REARING SPECTACLES,
POWERFUL TELESCOPES, OPERA, RACE, AND PERSPECTIVE
GLASSES.—Messrs. S. and ,4 010 Molls, opticians, 39, All,e•
marl-street, Piccadilly. Obsepre—opposite the York Hotel.
By her Majesty's Roy al Letters Patent for valuable and
extraordinary improvements in the most powerful and
brilliant Telescopes, Camp, Racecourse, Opera, and Per-
spective Glasses, to know the distances of objects viewed
through them—of great importance to the army, navy,
and others. These telescopes possess such extraordinary
powers that some three and a-half inches, with an extra eye•
piece, will show distinctly Jupiter's moons, Saturn's ring,
and the double stars ; with the same teieseope can be
seen a person's countenance three miles and a half distant,
and an object from 16 to 20 miles. They are of larger and all
sizes, with increasing powers accordingly ; while their vary-
in.' from 4 to 6 inches enable us to discover more than the
above, and the Georgian, with his 6 satellites, Ate.—'[he Royal
Exhibition, 1851.—Valuable, newly-invouted, very small,
powerful waistcoat-pocket glass,tho size of a walnut, by which
a person can be seen and known 1 j miles distant ; they answer
every purpose on the race-course, and at the opera heuses,
country scenery, and ships are clearly seen at 8 to 10 miles.
They are invaluable for shooting, deer-stalking, yachting, tc
sportsmen, gentlemen, gamekeepers, and tourists. Opera,
race-course, camp, and perspective glasses, with wonderful
power. Newly-constructed Spectacle Lenses of the greats
eat transparent power. The valuable advantage derived
from this invention is, that vision becoming impaired is
preserved and strengthened, and very aged persons are
enabled to employ their sight at the most minute occu-
pation- can see with these lenses of a much less ina,gnifj.
ing power—and they do not require the frequent changes
to the dangerous effects of further powerful assistance.
Deafness—New Discovery.—The Organic Vibrator, an ex-
traordinary powerful, small, newly-invented instrument for
deafness, entirely different from all others, to surpass any-
thing of the kind that has been, or probably ever can be,
produced. Being of the same colons as the skin, is not per
ceptible ; it enables deaf persons to hear distinctly at church
and at public) assemblies; the unpleasant sensation of singing
I"i" in the ears is entirely removed ; and it affords all the
assistance that possibly could be desired.-39, Albenutee•
litroet. Piccadilly, observe—opposite the York Hotel