The Sun.
London, England, 1845-07-02 00:00:00

SHANK 51. KEITH.

This was an application, on the part' of the defendant, of a
similar nature to the last. It was originally an action for tre,pass
brought by the plaintiff against the defendant, tried before
Mr. Justice Patteson, in which there was a verdict for the plaintiff.
The motion was made on the ground of misdirection of the jury,
and that the verdict was against the evidence. The plaintiff was
remainder man to Admiral Shank, of the !rumor of Dawlish, who
died in 1824, at an advanced age, having been blind for a long time
previous to his death. The manor then reverted to his widow,
who died in 1843, when the plaintiff became proprietor. The specific
subject of action was the cutting down of certain trees, which grew
on the boundany of the manor. It was alleged on the part of the
plaintiff that during the blindness of the Admiral and the widowhood
of Mrs. Shanks, the defendant, had encroached upon the boundary,
and cut trees which overhung a path-way, and which trees were
rooted in the plaintiff's land. The right of possession was dis-
puted by the defendant, who asserted that the tree; belonged
to him

The case was trled at the last assizes on the Western Circuit,
and occupied several days. The evidence was most conflicting,
and the jury were sent to view the place. They returned a ver.
diet, as has been stated, for the plaintiff:
Mr. Cockburn, Q.C., appeared for the plaintiff ; and Mr,
Crowder, Q C., for the defendant.
Their Lordships postponed judgment.

REPRESENTATION OF Ross AND CROMARTV.—R,Ter-
ring to our notice, in the Third Edition of our Satur-
turday's paper, to the rumour of an c xpected vacancy
in the representation of Ross and Cromarty, and to the
letter from the present HAI. Member for these counties,
in our paper of Monday, contradicting the report of his
having any intention of retiring, and which we there-
fore cannot doubt is unfounded,- we beg to mention that
our notice of it was founded on information received from
the county and from Edinburgh ; and that we find
from the Ross• shire paper of last week, published before
the date of our notice, that the rumours alluded to were
prevalent there ; and that we know that in Edinburgh
it was stated, bethre our notice appeared, by parties who
might be supposed acquainted with the facts, that the
wor, by and Hon. Baronet we referred to intendedC forth-
with publicly addressing the electors as a candidate on
the occurrence of a vacancy, either by the retirement of
the present Member, or a dissolution.

IMPERIAL PARLIAMENT.
(THIS EVENING.)

HOUSE OF COMMONS.

The SPEAKER took the Chair ahortly before Four
o'clock.

On the motion of Mr. GRRENE, Sir William Somer-
vilh, Mr. More O'Ferrall, Mr. Archbold, Captain Gore,
Mr. Hans Hamilton, Mr. Alexander Murray, Mr. C.
Goring, Captain Layar,l, and Captain Taylor, were added
to the Committee on the Dublin Pipe Water Bill.
SOUTH-EASTERN RAILWAY.

On the motion of Mr. DARBY, it was order that it
be an instruction to the Committee on Group A of Rail-
way Bills to entertain the petition of James Thorpe,
praying to be heard by himself, his counsel, or agents,
against certain parts of the South-Eastern Railway
(Hastings to .Ashford) Bill.

LONDON AND SOUTH-WESTERN RAILWAY.

Captain MANGLES moved that the report on the
London and South-Western Railway (No. 1) Metro-
politan Extension Bill be received. The Hon. Member
stated, in retereece to the observations mate by the
Noble Lord opposite (Lord G. Somerset), that the charge
made by the Company of 3d. a ton on coals was reduced
for 15 miles to 2id., and for 25 miles to 2d. ; the Com-
pany had also reduced the fares of passengers.
Lord G. SOMERSET would not offer any further op-
position to the Bill, as it appeared to be one that would
afford great accommodation to the public.
The report was received after a few observations from
Mr. HAWES.