ORDINANCE No. 13 OF 1864 . 677


Mercantile Law Amendment.


ing, 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, indemnifi

cation for the advances made and loss sustained by the person who shall
have 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 shall be justly liable.
7. No acceptance of any bill of exchange, whether inland or foreign, made after Acceptance of
any bill of ex
the 14th day of February 1857, shall be sufficient to bind or charge any person , unless change to be in
writing.
the same be in writing on such bill, or if there be more than one part of such bill, on
one of the said parts, and signed by the acceptor or some person duly authorized by him.
[ Repealed by Ordinance No. 9 of 1885. ]

8. All actions of account or for not accounting, and suits for such Limitation of
actions for
accounts, as concern the trade of merchandise between merchant and " Merchants
Accounts."
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
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 .

9. No person or persons who shall be entitled to any action or suit Absence or
imprisonment
with respect to which the period of limitation within which the same shall of a creditor
not to be a
be brought is fixed by the Act 21 Jac. 1. c . 16. s. 3 , or by the Act 4 disability.

Anne, c . 16. s . 17 , or by the Act 53 Geo . 3. c . 127. s . 5 , or by the Act 3
and 4 Will. 4. c. 27. ss . 40 , 41 , and 42 , and c. 42. s . 3 , or by the Act 16
and 17 Vict. c . 113. s . 20 , 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 impris
oned at the time of such cause of action or suit accrued.

10. Where such cause of action or suit with respect to which the Period of
limitation to
period of limitation is fixed by the enactments aforesaid or any of them run as to

Share This Page