The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1883-06-19 00:00:00

COUNTY COURT,

TOINIDAY. I
(Moro Mr. Smola Tindul-Atkinison.)
Terrell and Sem, tailors, Sandhurst. v. Major Hill,
Darestsidreuxittraent.
Mr. H appeared for the plaintiffs, Ma
T. Coombs for the defendant • I
It will be remembered his Hooour had this cam
before him at the but Court, and hr cow diliver.d lb*
following Judgment :—" The plaintiffs in the present
action are army tailors, and the defendant, at the
time the debt was incurred, was an caw in Her
blajwity's marries. The amount claimed, £l5 Ba. is
or liol ouPPlkt to the doloadaot la Um, yew 1872.

The Statue of Limitations is pleaded, sal it may be
takes as proved that the debodent bag, Oath the
beginning of 1873, been &beset from England, and
beyond the seas during the whole of the interval from
1873 until the commeucereent of the present action.
'The queetion upon this Mate of ferns arises whether
under the provisions of the 4 and 5 Anne. o. 15, a. 19,
the plaintiff's remedy is barred? nit sectiou
enacts tint if the defendant at the time the
action accrued was beyond the s as, the person
entitled to bring so action his six jeer, after
the return .f the dole's taut to brio( such atlas.
It is clear ft on the words of the 'maid that in order
to maintain ',hi plaintiff's claim an I defeat the defend.
aot's pea that before the defendant left Berland •
cause of action bad accrued to the plaintiffs. I
reserved judgment at the hearing of the roes ia order
to look into the ththorides da the subject, and I find
that they establish that whore • statue limits the
period within which an active I. to be brought for an
I act dons or omitted, if the cause of actioa by a single
act or one whi h amount.. to • wipes. (except it be •
continuing temp •••) the action must be brought
within the pro cibed pert° t after the eatual doing of
the thing comp &Med of. But if the cease of action be
Cot the doing of the thing, but the resulting damage
only, the period of !imitation is to be computed from
the time when the plaintiff sustained the injury. In
actions of contract the statute runs from the breech,
and, where cred.t is given for goods, the cause ..f action
arises when the credit, having expired, the payment is
not 'made. It occurred to ma in the Gauge of the
enquiry at the hearing that the praotice which prevails
in London and large centres among tradesmen of the
, plaintiffs' permits of giving long credits for which
I higher prices are charged than when prompt payment
Is made may have meted in the present cues, and, if
so, whether the credit may not have expired when the
defendant left England; but as there was no examina•
lion al/ to this on the part of the plaintiff. a Inmate
and the defendant was not present at the hearing, I
assume that there was • cause of action existing against
the defendant at the time be left the cou .try. I must
bold, therefore, that before this took plane the statute
had began to run, and that having once begun to ruo
no subsequent disability on the part of the defendaot
suapen led its operation, end that more than silicate
having elapsed the pinata's' remedy is barred. Th
will be a nonsuit entered, bat with liberty to briar a
fresh action if the plaintiffs should be so "'tidied. I
aonsuit the plaintiffs, reserving to them leave to bring
another action if they 'boon be no advised, but
with ,ut cots in the erect of no other action being
brought. If author action is brought, defendeat'a
cots reserved."
Howe v. Death—This case also thine on at the last
court —Mr. Harems wee for the plaintiff, and Mr.
lluxtable for the defendant. —Mrs. Howe thawed
LII 15., for groceries supplied, and the judge, who had
Inspected the books, ad owned the cam in order that
the solicitors m go rough them and report to the
Court. This had been done and they Ited agreed that
the sum of £8 18s, was owing to the plaintiff.— hie
Burnet now asked for judgment for that amount.—
His Honour gave judgment, and ordered the sum to
be paid in monthly instalments of ts.,subject to amend
meet if it could be shown defendant is pommeled of
means to pay more.—lt was *Wad dalealdaat le at
present in gaol for thresteniag his wife.
Miss Greece, North-square, Dorchester,,. Sergeant
Williams, of the staff of the Dorset Militia.—Mr.
Barnett appeared for the defendant.--Claim 18i., for
lour weeks' rest. —Plaintiff stated defendant took loan.
I lags in her house at 4s. a week on the I.a. October, 1881.
and at the time of his leaving 18e. was dua—ln reply
I to hie Burnett, plaintiff elated the tensor, expired
on the 11th September, 1889, and the gave him notice
to leave owing to • little unpleasantness, Defendant
agreed to pay weekly far the rooms, and did not tell
her he could only pay quarterly, when he got his pen-
sion. She did not demand the rent of him when he
left, but left it to his honour to pay.—The defence
was that Williams took the rooms as • quarterly
tenant, an I was accepted as such, and had paid
rent quarterly. The 16s. claimed was for four
weeks' rent over the quarter. He had paid the rent
for the four quarters he occupied the rooms.—
Defendant deposed he took the rooms of plaintiff at
.22 Ba. for twelve weeks, and she spend to take him on
those terms. He paid her rent up to the time he left
on the 14th of Sept3mb3r. He dente,' that plaintiff
gave him notice to leave, but he left because he got •
house. He stated he vacated the rooms a fortnight
before the quarter was expired to oblige plaintiff, wbo
said unless he did en she should lose a new tenant.
Another tenant entered the rooms at the time he
left —The Plaintiff stated the new foment did not
take passesion for weeks afterwards.—His Honour
gave judgement for the defendant.

_
Re Harry Gorge Creech, the trustee in bankruptcy
of the estate of Total Benjamin Phillips, of Sturmioster
Newton. Thi. matter came before His Honour on
application of the Comptroller in Bankruptcy for the
committal of the defendant for oontempt of C net in
baring failed to comply w th orders requiring him to
produce a certified copy of the pass book ill nt Phillips.
hie H .ur ma le an order of committal, to take effect
If the C imptroller's requirements were not complied
with within a fortnight.

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