The Sun.
London, England, 1845-05-26 00:00:00

TALLOW

Since our last this market has assumed a still firmer tone,
and good first sort Y. C. on the spot is not to be had under
38s to 39s 3d, and new Y. C. for the last three months has
been done in large parcels at 40s, and there are no sellers for
separate months under 40s 6d to 41s. Town Tallow is still
scarcer, and at very full prices, viz., from 39s to 39s 6d net
cash.

HOUSE OF LORDS-(THIS DAY.

The Lord Chancellor, Lord Brougham, and Lord Campbell, were
in attendance to-day at eleven o'clock, to hear appeals. The
Judges were also required to attend ; but in consequence of their
not doing so, the business appointed for the day could not be pro-
ceeded with, aad their Lordships adjourned to five o'clock.

CHANCERY.-(THIS DAY.)
The Lord Chancellor did not sit to-day, having to attend the
House of Lords.

ROLLS' COURT.-(THIS DAY.)
The MASTIE of the Rou.s, after disposing of the case of Matson
v. Swift, proceeded to hear causes, none of which were of any
interest.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
DARER V. LORD PORTARLINGTON.
The arguments in this case, which have already occupied
the Court three days, were resumed this morning. the case
comes before the Court upon a motion for a receiver of the
rents, &c., of the Portarlington and Darner estates, and also for an
order that the London Joint Stock Bank should pay into Court the
sum of 15,2741. now remaining in their hands, to the credit of the
late trustees, John Wright, William Blount, and Pierce Mahony;
that William Blount might be restrained from receiving the rents of
the trust estates, or interfering with the management thereof, and
that Messrs. Palmer and Nettleship might be restrained from re-
moving from the joint-stock bank any of the documents or papers
relating to the trust estates. The circumstances out of which the
present suit arises were these :—ln the year 1832 the family
estates of Lord Portarlington in several counties in Ireland, esti-
mated at the value of 850,0001., and producing a rental of up-
wards of 27,0001. per annum, being subject to many heavy incum-
brances and irredeemable life annuities to members of his Lord-
ship's family, an arrangement was entered into to consolidate the
incumbrances in one mortgage, which was to form the primary
charge on the property, subject only to the irredeemable annui-
ties. The sum of 344,0001., which was required for this purpose,
was contributed by several persons, and the estates conveyed in
mortgage to William Blount, a trustee of the will of the late Earl
of Shrewsbury, John Wright, late the banker, and Pierce Mahony,
a solicitor in Dublin, through whose agency the money was ob-
tained upon trust for the contributors, and subject to the usual
proviso for redemption. In default, the trustees were authorised
to enter upon and manage the estates, appoint receivers, and do
every usual act of ownership, and in case the mortgage money
remained unpaid in December, 1840, they wero empowered
to sell the estates. The power to appoint new trustees was
vested in a majority of the contributors. The execution of the
trust proceeded smoothly till the end of the year 1841, when dif-
ferences arose among the trustees relative to the retention by
Mr. Mahony, against the wishes of his co-trustees, of some of
the trust moneys, upon which he claimed a lien for costs,
and a suit was instituted by Messrs. Palmer and Nettleship,
the -English solicitors of the trust, at the instance of a large
number of contributors, to remove Mr. Mahony from the trust,
and to have an account taken i'of the moneys received by him.
While this suit was proeeedirg Mr. Wright, who had previously
become bankrupt and was desirous to retire from the trust, signed
and placed in the hands of Mr. Palmer a memorandum expressing
his desire to be discharged from the office in favour of Mr. Thomas
Joseph Eyre. In March, 1843, a cross suit was filed by Mr. Ma-
hony against the other trustees, and these two suits in the Irish
Courts produced a negotiation which resulted in Mr. Mahony's
consenting to retire from the trust, and all proceedings being
discontinued. A deed was then prepared with the approba-
tion of a majority in value of the contributors, appointing the plain.
tiff, Colonel Dawson Darner, and Mr. T. J. Eyre, trustees, in the
room of Messrs. Wright and Mahony, and the endeavours to obtain
the execution of this deed by the retiring trustees and the other
necessary parties appeared to have augmented the disputes among
the trustees and the parties espousing the one side or the other,
until they had grown into the severest hostilities, and led to nego-
tiations and correspondence of which it is impossible to give any de-
scription. Mr. Wright appeared to have signed a counter-part of the
deed which was confided to Mr. Palmer, and from which at a sub-
sequent period the name of Mr. Wright was torn by Mr. Palmer.
Mr. Mahony refused to execute the deed till January last, when
he signed and delivered it as an escrow to be kept by Mr. Rhodes,
his solicitor, until certain conditions should have been performed,
the principal of which, as far as they wore disclosed, appeared to
be that Palmer and Nettleship should be discharged from act..
ing as solicitors to the trust, and that a cheque for 1,1811.,
claimed by Mr. Mahony to be due to hint for goats, should be
signed by the trustees. The affairs of the trust had oousequently

fallen into the greatest disorder. The title-deeds and papers
had been placed by Messrs. Palmer and Nettleship in the custody_
of the joint-stock bank, and trust-moneys to the amount of
15,5241. had also been paid to them in the names of WOO'.
Blount, and Mahony, and the bank refused to part with the balance,
except under the joint order of those three persons, which it seemed.
impossible to obtain ; and Messrs. Palmer and Nettleship claimed
a lien on the title-deeds, and, acting under the direction of Mr•
Blount, u
t, refused to deliver them to the new trustees. The Tet
oi
ceiveis were alleged to be greatly in arrear with their PaYtne
the rents, and the securities of one of them had been lost b 1
the bankruptcy of Messrs. Wright, in whose house the sureties_
the suit
were partners. Mr. Blount was also proceeding with
had been
in the Irish Court of Chancery, and a notice
served upon him by the new trustees to stay the litige".%
In this confused and distracted state of the trust the Present
was filed, Colonel Darner to piece it under the direction of the
English Court of Chancery, praying a decree that Mr. Eyre and
himself might be declared to have been well and effectually tP-
pointed trustees of the property, that Wright, Blount, and gese"
hony might be directed to execute all necessary acts to y'
the estates in them ; that Mr. Blount might be removed fro
r
the office of trustee ; that the joint-stock bank might
that
dered to pay the balance of 15,5241. to the new trustees,
'Messrs. falmer and Nettleship might be ordered to deliver
UP
them the title-deeds and documents relating to the estate, as
as the deed of resignation signed by Wright, and that if the Cotit:,
should be of opinion that the plaintiff and Eyre have
duly appointed trustees, that Wright might be removed and f,i
trustees appointed, and a receiver appointed of the rents in ''
meantime. the
Mr. BETHELL and Mr. PALMER have been already heed on
part of the application.
Mr. WiLcocis had addressed the Court for Mr. Mahony. Eyre.
Mr. W•EEFIELD and Mr. BEALE appeared on behalf of Mr.
Mr. LOWNDES, was heard for the other members of the EY'-
family, and in support of the management of Mr. MahonY, and, „ig
Mr. J. PARKER, with whom was Mr. Rolt, addressed the
today for Mr. Blount.
• not Dew

The case appears likely to occupy some days yet.
(Before Sir J. KNIGHT BIWCE.) the court
part-heard case of Edwards v. Brown occupied e
the whole morning.
(Before Sir J. Wioresm.) 810• d ent
The cases of Eustace v. Bradshaw, which stood for Je
and Mallialieu and Miller, were ordered to stand over, and„ For.
His HONOUR proceeded to hear the further argumeots
ayth and Ellice, which occupied the remainder of the nlor°i".

rbirri 4attt°ll
SUN OFFICE, Seven o'Cl°cll.

RAILWAY COIVIIIIIT°EB.

(THIS DAY.)

Group E.
IMPORTANT DECISIOS'ovr.
ATMOSPHERIC RAILWAY BILL THROWl4.,Thrsle9 io
The Committee met this morning at twelve, Lard "rd,". to
re
was o%
the and afterwards the room
cleai.Chair, The doors were reopenedened shortly before two e' ocig,
when
'Si 4644

The CHAIRMAN announced that the Committee ht De
that the preamble to the Newcastle and Berwick Bill bad
oob&
proved, and that the preamble to the Northumberland 100100,6.
ric Bill had not been proved; thus deciding against 004°
tic principle. u~ete
The most intense anxiety was manifested during th the CeW
Committee was in deliberation, and the lobbies leading t°
mittee-room were crowded to excess. a jui.TC-
NEWCASTLE AND DARLINGTON (BRANDI°
TION) RAILWAY. i; 0 Junicr
This Bill for enabling the Newcastle and Dirjulc-ttio°o flar;ils,
Railway Company to purchase the Brandling
and to enable the said Company to make certain branchhe 'dee°
stations, and works, and for other purposes, occupied t— 3
";
of the Committee for the remainder of the day.
Mr. TEMPLE addressed the Committee for the PurP° of 5
ele
ing the advantages that would accrue to the public
junctions were brought under the controul of one Boa-- OP"
Said the 4° felsl;
Mr. Hudson, Chairman of the Company,
1,000 shares in both these junctions wasexaminedll,l;sstic:fin
and stated that when it was understood that the '4 n "ng j:nC(l-
- Company contemplatedpurchasing the ncsa-dithe conk,
the shares were IS or 20 per cent., thereby e"Wi— terol
03.
dence they had in the advantages to be derived.
After a short cross-examination, during which neth,tilar°.
was elicited, the Committee adjourned to eleven o'cloa

Group R. ill
11.
DUBLIN AND ARMAGH n
CPI
The Committee met to-day at 12 o'clock; 1" '''' the
the chair. 0004°1 the
The CHAIRMAN said the Committee had been d thouktit ti
order in which the business should be taken up; a" rojecto :he
best course to pursue would be to take up the tw° to lead OS
and should their promoters make out such a casesi onibteaco
Committee to think the preamble of the Belfast Janet, the OA_ te,
to pass, to call upon the latter to reply to the case Lake
up theirot
Hain if otherwise, the Committee would proceed to
e'" 13
h of the —,e•liee
ing lines, deferring the decision on the prealn'
neat de.'
Junction till the whole were finished, when a ge 14
would be given on all the lines. 0 into, Ift.
The Dublin and Armagh project was then gni'
es tele!!
Chambers appearing for the promoters,
..o his witness.,
Mr. CHAMBERS proceeded at once to call his tip inst.,-
ing to himself the right to address on the a Inutl '
the opening of the case.
He knew Armagh well. He thought the in _ bate oit
preferable to the coast line. He knew the country. ntlert, tbe,r.A
fdiaiincfreteurtwei
Mr. Blacker, agent for the Earl of Gospor,rans
ifinirset
wess:--"lpliPed:osoch
well. His reasons for thinking the inland the best 7', 'esA[ts,
was on a much lower level than the other, there he' ueraroe,
ebt thewee ee carrying
r grain,rt
yhenf i
gta two,
f,
pork,
produceandor k that it would afford ra to ise he
at
1:o: uefldobr
ports along the coast. The produce that would be cstnenseenei';
ties of which glleA t! inere le- et
were taken to the ports along thee etas the pe°P.; to
cially to Belfast. According to the Belfast functienld- to g;"110
Kells and Navan would have to go round by Dogb`i:out °:;el'
buttferTantdhe intero,o eioDe
i,
Dublin. The feeling at Armagh was decidedly in le
th." froS
g was very strongly expressed. There were 00" Whic
_, to
inland line. He had attended several meetings in, 0" one'
in so e
e'.- e"
in direct connexion with this line as there were in ihhe belieLd vJ
but there was a larger agricultural population, and "- 0311""
was intended to connect these towns with this; line DI
cool
branches. orojeCt the
To Mr. MURPHY—He could not tell who were the .uof es
this project. He came forward at the roselntoetbe foji tite
solicitor of it. He was not there to answer ae ewes ,IV
who composed the Company, but as to the
inted oil; 0
line compared with the other. He was not acena:e the lip.o lil°
promoters of the project, but he had no doubt, !uld De,
_, Os
favourably entertained by the Committee, there Wa_n_. it °tiled,
opinion, no want of money or supporters to c t"tionnee;;ltbt
hought the Dublin and Drogheda line very go°d, 35 Ile tbferle.yrf
towns on it, but not as a national undcrtakinge.„ tbe ohe'
the line from Drogheda to Portadown better tn!'"" of he 10e
in this respect, but still not what a national line od :dist
ought to be. Such a line ought to be more inillendu the "- cos°
of opinion the Dublin and Armagh line was decht ,e to °the,
such a purpose. This line wou d not be servieesilt. fie o '
without branches to Drogheda, Newry, and Dundaed to PriiiteetCli
it would be of service to have a line from Dr°ooB of ie 00 '
and that the Dublin and Armagh line would not se he
bean ejo
such a purpose, but he supported the latter,
_to,.
„irufb
alon_Soog ,
wasT hbeetctenrAamdsarAtNe_d forw ethneidwnannttspaosfstehne whole c(T fog 'V... fre.-
ger. h, got leg to go
h: „„,,,,
to Dundalk, and from Dundalk to Newry, hal oseg tote:,
line,
and, lastly,
yarobnaranthche
mtoetihnelimneaindelwinne,athsoece°_,..goo bte° - th •-t
respective terminations; in fact, to have t I-0010S'
sides of a square. Most undoubtedly they w°tlehe eoWennet,
ten or fifteen minutes extra in passing between tu;i, the Iv Wee
consequence, compared with the general intereet:nosh. pis On it
Mr. Paton said he resided in the city of A_„tietrf A, 590
pretty good knowledge of that part of the .b. prefe,orspco,
taking into account general purposes, was t° e and °there ii
would take in the whole interior of the countrYt ~..or _ inlllo. ,
Ile A" 4 tho Alitli
accommodate the leading ports on the coast ei and t _./
a line proposed to be carried forward to Portre.asAt'e those ;thee;
one would be decidedly preferable, to accolninnaniaelterAse.ooll)o
from Armagh along that line. He had heard Mr. 'differed ';iejo1,100
not aware that the, e was any point in which hte which 11..bere „ iil
Several meetings had been held in Artnagh, 3 line ~,ilta',,,
were unanimously passed in favour of the inlandies3.loeg fri:tili;,
a great number of flax mills, corn mills, add boO wani °W. q Or
the neighbourhood of Kendy ; in his opini°ll d e 3, thielber 5,:d•
clown ; all of which would be accorneriodetc .n wee el.all roil
length of the railway from Drogheda to Duhht. _., the s:-0,/,
ion
33 English miles, and considerably further n'; at eleoesAiled
He had seen the section of the Belfast Junetel „t of th,' esile
thought it would be very inconvenient, on acceroold A"'
#l,
above the quays. He did not think the Berg) e rot' ill'
with it. „re the ot port
not
To Mr. MURPHY—He did not mean to corn!: otelide di
district with the Kendy one, if the former
uvii3o'ford.
170, sf;if
elude Tenderageer, Lurgan, Banbridge, and G fee Wee ;0 01
know whether there was a market at KendY, Washe ' 01
_AO
of any company being formed for this, neither
re ,"' tell
connected with it. 4 toe ne eol,bof
To Mr. BOYLE—He believed that if the ecito he gee.a'
by the House of Commons, the inland line 1/700. 'I'D
400
taken up and a company formed for its exec ,lea. iies,
eidjeac had
the inland line we understood to be eighty-five ,0 gig' 90 he ,1 he
Mr. W. Kirk said he had not come to town ' 00 h psi ' els
this line, but on the Newry and Enniskillen.requeotd siveod ,
met Mr. Cumming, the solicitor, who had
_wee 8011•004
had no objection, to conic before the Can"; pear le':, the' coti-
opinion. He is a linen merchant and !ilea ehe
consider b was `hut
magistrate of' the couny of Armagh. Oa ..gv
line much preferable tot the one along the c0a1..4_, hose Ad intli,:de
siderable market for the linen trade. He bleat
ontl.i.i7:o,:::h,otio::vi.Poilie,
500 pieces, or 157,000 a year, and the persons;
to nonY. unt )I_,,i,t
employed in producing these pieces:
The coast line would not accommodate 111'0000 `_`; Oh'
Newry and Enniskillen line were formed
einowouciated II of
_bje
line, then he would be as perfectlyaweil ac 011 0 the,
land line were constructed. miles r'n each
or
To Mr. ALEXANDER—If they took ten 3 _o„elen. _ Ott
the inland line, they would find as greatple:ol, to.
.1,6
d P
would find on the coast line—taking it ten joie°, the
the 0 ,
posite the coast.
___,/./e thought willta fOW
Re-examined by Mr. CHAMBERS.
_A fa the e oe et
joi.
all things considered, the most adaPtae"eet, tor th
_e See, 00
country. Armagh was one of the best m_rin,ngleod ee_t_so,,nthie
and a considerable quantity was shiePecri, 1-°__'int by 13e70;,, '
That for shipment to the east of Scotia a 7_,sud line C t
Ar
The ''
for Leeds and Yorkshire by Newry. lived $ in °
said he ,weter fie
three miles of Kendy.
neral Mac jen t.s I')
firm there. He was also engaged 11_, the in the JO
rnallBlhr,.
aGnadrdnyneesr,nenx airmeinn_edfnubnydlterfra.
and
dttegSetai Etiths; w
oh, jedei:vied6,
vend
cast metal for the machinery
Employed
onyed
retiii 0;401
also made up Machinery to bimport and their creel
trade. His woollen trade was an a
..„ I„re,vrY _ ,teter _tee
present Belfast was their Scotch port, . ~,,,,,y thoe.',D cieto ..,
tnec;oweridirelqulr 047"
power wc4l.doestty 0(
was already taken up, and any additio
speedy c0009.-et slainised
boeneeelnbeutthewieitehnatirgeOepdorteo.MMTuh:ie,:tbinolreinwiat
steam ; hence a direct and 3_, etviee to i 0
Newry was necessary for a cheap
_ui"oii was thatcountr
ernf
the_
line would be the best for the gene
eri 1)1 '
e elicit old
large. l' en
fuel. Upon the whole, his decided imraplieviss
anti
of the
at I'leW: Pk 0
exaTmh C nsl Coluinnii os vier 6,00 01
Mr. M'Entlow, agent of the
: aDIOLIDt of g between .on
he knew the district well. A grea. There via' r P°rt' to °I
at Newry.
ienreetwinansonfotthhiisngwiomf materiale consequenc
Tbe id', he es the
Belfa t.
which went towards Newry and
onstrUcted, w°u„.eed w!„ that
Armagh, suppcsing both lines were c
andfrom 7,000Aa Armagh
tonsto bseo sold i pypeeadrl
lee generallY ^_e'toole, as
decidedly prefer the in/and one.
he _ x
and linens, wee qevitn,
evidence of Mr. Kirk respecting t sie ~„
.ed in bu'Ane-se,'.We betWee_,°,, eat
gentleman, being extensively respecting
_. Ihe traenght wriNt,
to give a correct opinion on the subjec!
_ea_ het„.-ring t o'-
dalk and Drogheda, and Dundalkands ;",),:roug u
Hee°
without alg t„ tong
id
trifling, and not sufficient vsi traffic els d
• the - h 14
support a line. opinion that , and DOS son
To Mr. AusTlN—He was of
The Pubbna-portad°lfr
Drogheda and Portadown did not.
further tosvares
in Ar—wagh, the grea,tte,babion,;_ure,
pay, but he was of opinion the traffic