Law Amendment (Miscellaneous Provisions).

by him Provided always that no co-surety, co-contractor, or co-debtor, shall be entitled to recover from any other co-surety, co-contractor, or co-debtor by the means aforesaid, more than the just proportion to which, as between those parties themselves, such last-mentioned person is justly liable.

[CAP. 23

of actions

merchants'

19 & 20 Vict.

12. All actions of account or for not accounting, and Limitation suits for such accounts as concern the trade of merchandise, for between merchant and merchant, their factors or servants, accounts. shall be commenced and sued within six years after the c. 97, s. 9. cause of such actions or suits; and no claim in respect of 1 of 1861, s. 4. a matter which arose more than six years before the commencement of any such action or suit shall be enforceable by action or suit by reason only of some other matter of claim comprised in the same account having arisen within six years next before the commencement of such action or suit.

periods of

not to be

by absence,

etc.)

19 & Vict.

c.

97, 20. 10.

16).

(53 Geo: 3

c. 127).

(3 & 4 Will. 4

c.

42.)

13. No person or persons who is or are entitled to any Certain action or suit with respect to which the period of limitation limitation within which the same shall be brought is fixed by section 3 of the Limitation Act, 1623, or by section 17 of the Act 4 & 5 Anne, chapter 3, or by section 5 of the Ecclesiastical Courts Act, 1813, or by sections 40, 41 and 42 of the Real Property Limitation Act, 1833, or by section 3 of the Civil Procedure Act, 1833, or by section 20 of the Act 16 & 17 Victoria, chapter 113, shall be entitled to any time within 1 of 1864, s. 5. which to commence and sue such action or suit beyond the period so fixed for the same by the enactments aforesaid, by reason only of such person or some one or more of such persons being, at the time of such cause of action or suit accrued, absent from the Colony, or, in the cases in which, by virtue of any of the aforesaid enactments, imprisonment is now a disability, by reason of such person or some one or more of such persons being imprisoned at the time of such cause of action or suit accrued.

Period of run as to

limitation to

joint debtors

14. Where such cause of action or suit with respect to which the period of limitation is fixed by the enactments aforesaid or any of them lies against two or more joint debtors, the person who is entitled to the same shall not be entitled to any time within which to commence and sue any such action or suit against any one or more of such 1 of 1864, s. 6.

421

in the Colony, absent.

though some

c. 97, s. 11.

19 & 20 Vict.

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