The Sun.
London, England, 1856-12-16 00:00:00

BE MARK BOYD -A BANKRUPT.

Their lordships, at the sitting of the court this morn-
ing, delivered their views and decision upon this case,
which was an appeal from t,,e judgment of the commis-
sioner granting to the bankrupt a certificate of the first
class, accompanied with observations exonerating him
from all blame in point of personal conduct.

Their lordships made an order recalling the certificate
which had been granted by the commissioner, and dis-
charging the order made by him ; they then granted to
the bankrupt a certificate of the second class only,
with suspension thereof for five years from this day,
and withheld personal protection from him till the Ist
of February next. The suspension was directed prin-
cipally on the grounds, first, that tbe bankrur, in
their lordships' opinion, had given an improper pre-
ference to the joint creditors of the stockbroking firm
of Benjamin and Mark Boyd, by paying their debts
after he was morally convinced that the firm had
ceased to exist by the death of his brother abroad, and
with a view, no doubt, of resuming his stockbroking
business and connexion as soon as he should get the
certificate which he expected ; and secondly, on the
ground of misconduct as a director of the Royal Bank
of Australia, by authorising the payment of dividends
out of capital, long aft-r the business of the concern
had ceased to be prosperous, and by concealing the
real condition of affairs from the luckless share-
holders till the complation or their ruin became mani•
fast to all.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN BE RRDTATH.

The Court proceeded to hear objections to proof's, and
on one of a bill for medical atte,idance.

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Mr. Lawrence said that some inconvenience had arisen
on a previous case—the case of Straban, Paul, and Co.
—through the bankrupts having to be brought up at the
meeting tor the choice of assignees, but probauly the
claim might be allowed to be admitted as a proof, sub-
ject to inquiry, and the claim could be submitted to the
bankrupt.
His Honour assented to this course being taken.
The proofs tendered were unimportant and small in
amount, the debts of the bankrupt being small.
Mr. Lawrence said ther wa4 only one list for the
choice of assignees, and it was proposed that Mr.
Mowatt, the secretary to the Great Northern Railway
Company, should be chosen assignee.
Mr. %Vontner applied to the Court for an allowance to
the bankrupt.
His Honour considered that the allowance was princi-
pally
intended to enable the bankrupt to prepare his
accounts.
Mr.
Lawrence said there was no objection to the
allowance. It was said that the debts provable would
000/.•
be about 5, and it might be estimated that the
assets would reach 40,0001. ; and there was no doubt
the bankrupt would render all the as.istance in his
power to realise the estate for the benefit of his creditore.
An allowance of 31. per week was granted.

The departures from the port of London for the Aus
tralian colonies during the week have comprised seven
vessels—four to Port Phillip, one to Sydney, one to
Adelaide, and one to Hobart Town, with an aggregate
capacity of 5,448 tons. The rates of freight exhibit rather
less firmness. _ _

In the general business of the port of London during
the past week there has been little activity. The total
number of vessels reported inward was 17J, being 94
less than in the previous week ; and the total cleared out-
ward was 117, showing an increase of 28, the number
in ballast being 17.
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