678
joint debtors in Colony though some absent,
Imperial Acts extended to acknowledgments by agents.
Part payment by one contractor, &c., not to prevent bar by certain Statutes of Limitations in favor of another contractor.
Rules and regulations may be made and writs and proceedings framed for the purposes of this Ordinance.
Short title.
ORDINANCE No. 13 OF 1864.
Mercantile Law Amendment.
lies against two or more joint debtors, the person or persons who shall be 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 joint debtors who shall not be absent from the Colony at the time such cause of action or suit accrued, by reason only that some other one or more of such joint debtors was or were at the time such cause of action accrued so absent, and such person or persons so entitled as aforesaid shall not be barred from commencing and suing any action or suit against the joint debtor or joint debtors who was or were so absent at the time the cause of action or suit accrued after his or their return to this Colony, by reason only that judgment was already recovered against any one or more of such joint debtors who was not or were not absent at the time aforesaid.
11. In reference to the provisions of the Imperial Acts 9 Geo. 4. C. 14. ss. 1. and 8, and the 16 and 17 Vict. c. 113. s. 24, an acknowledgment or promise made or contained by or in a writing signed by an agent of the party chargeable thereby, duly authorized to make such acknowledgment or promise, shall have the same effect as if such writing had been signed by such party himself.
12. In reference to the provisions of the Imperial Acts 21 Jac. 1. c. 16. s. 3, and of the Act 3 and 4 Will. 4. c. 42. s. 3, and of the Act 16 and 17 Vict. c. 113. s. 20, when there shall be two or more co-contractors or co-debtors, whether bound or liable jointly only or jointly and severally, or executors or administrators of any contractor, no such co-contractor or co-debtor, executor, or administrator, shall lose the benefit of the said enactments, or any of them, so as to be chargeable in respect or by reason only of payment of any principal, interest, or other money, by any other or others of such co-contractors or co-debtors, executors, or administrators.
13. It shall be lawful for the Chief Justice to make rules and regulations, and to frame writs and proceedings for the purpose of giving effect to this Ordinance, and from time to time to amend such rules, orders and forms, and such rules, orders or forms, or amended rules, orders and forms shall be submitted to the Legislative Council, who may allow, disallow, or alter the same, and the rules, orders and forms so allowed or altered, shall be of the same force and effect as if they had been specially inserted herein.
14. In citing this Ordinance it shall be sufficient to use the expression "The Mercantile Law Amendment Ordinance 1864."