The Sun.
London, England, 1835-05-06 00:00:00

HOUSE. OF LORDS.-(THIS DAY.)

The House met to-day at 12 o'clock. The Peers present
were the Earl of Shaftesbury, the Duke of Richmond, Lord
Kenyon, Lord Suffield, and the Bishop of Bristol.

NEW SPEAKER.
The Earl of SHAFTE SB UR Y rose and said,—My Lords,
I have to inform your Lordships that his Majesty has appointed
Lord Denman, the Lord Chief Justice of the Court of King's
Bench, to hold the office of Speaker of this House. I there-
fore move that the Letters Patent be now read. This having
been done, the Noble Earl said,—l have also to acquaint your
Lordships that his Majesty has issued a Commission ar
pouting me to do the duty of the office of Speaker, in the
absence of Lord Denman.
The letters patent for this purpose having also been read,
the Noble Earl took his seat on the woolsack. Strang
were then ordered to withdraw, while prayers were read.

GAOL COMMITTEE.
On the motion of the Duke of RICHMOND, Captain
Chapman, the Governor of the Penitentiary was ordered to
attend the service of the House to-morrow.
Several witnesses were then sworn to give evidence before
the Gaol Committee, and the House adjourned to half-plO
three o'clock.

KING'S BENCH.-(THIS DAY.)

GARRITT V. SHARPE.
This was an action of tresspass on the case tried before gr; •
Justice Coleridge at the last Hereford Assizes. The allegea ,
trespass was that the defendant had erected certain wooden
palings opposite the windows of the plaintiffs barn, by which
the light was obstructed. The jury found for the defendant.
A rule for a now trial had been subsequently obtained by
Mr. Sergeant Spankie, on the ground that the Learned Jude
had rejected evidence at the trial, upon which he had afterwarcti
argued in summing up the case to the jury.
Mr. PLATT now appeared to shew cause against the vile'
He contended that there was no proof of the defendant having
committed any nuisance, on the contrary, it was clear from the
evidence that the plaintiff had been the aggressor, he halting
made openings in his barn to which he was not entitled by any
right or usage.
Mr. ADDISON followed on the same side.
Mr. TIIESSIGER replied. .
The Court took time to consider its judgment.
DOE DEM. JOHNSTON V. BAYNTUM.
This was an action of ejectment brought by a Mr
Johnston, the lessor of the plaintiff, to recover possession of a
cottage and garden. The case had been tried at Lewes, be- •
fore Mr. Justice Littledale, and the Jury had found for the de
fendant, and they had also found that the defendant had oh-
tained possession of the premises by fraud. It appeared that
on the death of Johnston, his widow retained possession of the
cottage for a few months and then left it, having put up a a&
tice that it was to be let, and leaving the keys with a servant
who resided in the neighbourhood. The defendant, M 11;
Bayntum, who was the daughter of Johnston by a former wile;
was in the habit of getting vegetables from the garden, an
got the keys from the servant for that purpose, and then re-
tained possession of the cottage. The Jury having found that
this possession had been obtained by fraud, the Learned Judge
had at the trial given leave to move for a rule to enter a verai'" •
for the plaintiff.
Mr. PLATT now showed cause against 'the rule. The and.
ing of the Jury was not sufficient to enable the lessor of the
plaintiff to a verdict, as the onus still rested with her to make
out her title to the premises in question. Both parties laid claim a
to the house and garden, and he submitted that a rule for
new trial would be the proper course for their LordshiPa.;
adopt, as both parties could then bring forward their respect° '
titles, and thereby enable a Jury to decide to whom the Pre
perty really belonged.
The CouaT thought that the Rule in this case must be Made
absolute, inasmuch as the party letting the other into pease:
sion must be presumed to have a prior title, and if a pull °,,at
tained a possession by , any fraudulent representation/
would not throw the onus upon the other party to prove ",
title. The defendent must put the lessor of the plaintiff
the position in which she originally stood by giving up rid
session, and then if the defendant had any title, she enti
bring her ejectment.—Rule absolute. •