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THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1864.

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.

303

Bill of Exchange to

VII. No acceptance of any bill of exchange, whether inland or foreign, made after Acceptance of any the 14th day of February 1857, shall be sufficient to bind or charge any person, unless 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.

Accounts."

VIII. All actions of account or for not accounting, and suits for such accounts, as Limitation of Ac- concern the trade of merchandise between merchant and merchant, their factors or tious for "Merchants 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.

sonment of a Creditor not to be a Disability.

IX. No person or persons who shall be entitled to any action or suit with respect Absence or Impri- to which the period of limitation within which the same shall be brought is fixed by the Act 21 Jac. 1. c. 16. s. 3, or by the Act 4 Anne, c. 16. s. 17, or by the Act 53 Geo. 3. c. 127. s. 5, or by the Act 3 & 4 Will. 4. c. 27. ss. 40, 41, and 42, and c. 42. s. 3, or by the Act 16 & 17 Vict. c. 113. s. 20, shall be entitled to any time within which to commence and sue 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 imprison- ment 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.

to run as to Joint

X. Where such cause of action or suit with respect to which the period of limita- Period of Limitation tion is fixed by the enactments aforesaid or any of them lies against two or more joint Debtors in Colony debtors, the person or persons who shall be entitled to the same shall not be entitled to though some absent. 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.

XI. In reference to the provisions of the Imperial Acts 9 Geo. 4. c. 14. ss. 1. and 8, and the 16 & 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.

Imperial Aets ex- tended to acknow-

ledgments by Agents.

Part payment by one Contractor, &c.,

mitations in favor of another Contractor.

XII. In reference to the provisions of the Imperial Acts 21 Jac. 1. c. 16. s. 3, and of the Act 3 & 4 Will. 4. c. 42. s. 3, and of the Act 16 & 17 Viet. c. 113. s. 20, when not to prevent Bar by there shall be two or more co-contractors or co-debtors, whether bound or liable jointly certain Statutes of Li- 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 pay- ment of any principal, interest, or other money, by any other or others of such co-con- tractors or co-debtors, executors, or administrators.

and Writs and Pro-

XIII. It shall be lawful for the Chief Justice to make Rules and Regulations and Rules and Regula- to frame Writs and Proceedings for the purpose of giving effect to this Ordinance, and tions may be made from time to time to amend such Rules, orders and Firms, and such Rules, orders or ceedings framed for Firms, or amended Rules, orders and Firms shall be submitted to the Legislative the Purposes of this Council who may allow, disallow, or alter the same, and the Rules, Orders and Forms so allowed or altered shall be of the saine force and effect as if they had been specially inserted herein.

Ordinance.