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CAP. 347]

1939 c. 21, s. 33.

1954 c. 36, s. 7(1).

Cessations of application. Schedule.

Saving.

Limitation

[1976 Ed.

ance 1976, but in such proceedings account may be taken or evidence admitted in proceedings under the said sections repealed by the Limitation (Amendment) Ordinance 1976. (Replaced, 67 of 1976, s. 6)

(3A) In this section "action" includes any proceedings in a court of law, an arbitration and a claim by way of set-off or counter- claim. (Added, 67 of 1976, s. 6)

(4) Save as aforesaid, nothing in this Ordinance shall- (a) affect any action or arbitration commenced before the commencement of this Ordinance or the title to any prop- erty which is the subject of any such action or arbitra- tion; or

(b) enable any action to be brought which, immediately before the commencement of this Ordinance, was then barred by the provision of any imperial enactment or Ordinance which ceases to apply in the Colony by virtue of or, as the case may be, is repealed by section 39, except in so far as the cause of action or right of action may be revived by an acknowledgment or part payment made in accord- ance with the provisions of this Ordinance.

(5) Subject to the provisions of section 6 and subsection (4) of this section, the time for bringing proceedings in respect of a cause of action which accrued before the commencement of this Ordinance shall, if it has not then already expired, expire at a time when it would have expired apart from the provisions of this Ordin- ance or at any time when it would have expired if the provisions of this Ordinance had at all material times been in force, whichever is the later:

Provided that where a cause of action, for which a period of limitation is prescribed by this Ordinance, has accrued before the commencement of this Ordinance in any case in which, but for the provisions of this Ordinance, no time for bringing proceedings in respect thereof is limited, the time for bringing such proceedings, as limited by the provisions of this Ordinance, shall commence to run from the date of the coming into operation of this Ordinance.

39. The imperial enactments set out in the first column of the Schedule shall, to the extent specified in the second column thereof, cease to apply in the Colony.

40. This Ordinance shall not apply to any action or arbitration for which a period of limitation is prescribed by or under any other Ordinance or any imperial enactment, or to any action or arbitration to which the Crown is a party and for which, if it were between subjects, a period of limitation would be prescribed by or under any other enactment.

(Amended, 67 of 1976, s. 8)

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