MERCANTILE LAW AMENDMENT. No. 1 of 1864.
ceeding, at law or in equity, in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who has so paid such debt or performed such duty, and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding 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.
4. All actions of account or for not accounting, and suits for such accounts as concern the trade of merchandise, between merchant and merchant, their factors or servants, shall be commenced and sued within six years after the cause of such actions or suits; and no claim in respect of 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. c. 97, s. 9.
5. No person or persons who is or are entitled to any action or suit with respect to which the period of limitation within which the same shall be brought is fixed by section 3 of the Act 21 James 1, chapter 16 (the Limitation Act, 1623), or by section 17 of the Act 4 & 5 Anne, chapter 3, or by section 5 of the Act 53 George 3, chapter 127, or by sections 40, 41 and 42 of the Act 3 & 4 William 4, chapter 27 (the Real Property Limitation Act, 1833), or by section 3 of the Act 3 & 4 William 4, chapter 42, or by section 20 of the Act 19 & 20 Vict., chapter 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.
4 and 5 Anne, c. 3 is equivalent to the 4 and 5 Anne, c. 16 of Ruffhead's Edition.
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limitation of
be extended
Colony or
entitled.