50
Period of limitation to run as to joint debtors in the Colony, though some absent. [19 & 20 Vict. c. 97 s. 11.]
* Extension of certain enactments to acknowledgment by agent. [ib. s. 18.]
+ Saving of benefit of statute to contractor or debtor whose
No. 1 of 1864.
MERCANTILE LAW AMENDMENT.
1833), or by section 3 of the Act 3 & 4 William IV, chapter 42, or by section 20 of the Act 16 & 17 Victoria, chapter 113, shall be entitled to any time within 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.
6. 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 joint debtors who is or are not 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 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 the 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.
7. In reference to the provisions of sections 1 and 8 of the Act 9 George IV, chapter 14, (the Statute of Frauds Amendment Act, 1828), and section 24 of the said Act 16 & 17 Victoria, chapter 113, an acknowledgment or promise made or contained by or in a writing signed by an agent of the party chargeable thereby, duly authorised to make such acknowledgment or promise, shall have the same effect as if such writing had been signed by such party himself.
8. In reference to the provisions of the said section 3 of the Act 21 James I, chapter 16, the said section 3 of the Act 3 & 4 William IV, chapter 42, and the said section 20 of the Act 16 &
* As amended by No. 50 of 1911.
+ As amended by No. 51 of 1911.
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