717035-1864-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO-13-OF-1864- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 17TH SEPTEMBER, 1864. 343

not

IV. No special Promise to be made by any Person, after the passing of this Ordi- Consideration for nance to answer for the Debt, Default, or Miscarriage of another Person, being in Writing, appear by writing."

guarantee need and signed by the party to be charged therewith, or some other Person by him there- unto lawfully authorized, shall be deemed invalid to support an Action, Suit, or other Proceeding to charge the Person by whom such Promise shall have been made, by reason only that the Consideration for such Promise does not appear in Writing, or necessary Inference from a written Document.

V. No Promise to answer for the Debt, Default, or Miscarriage of another made to a Firm consisting of Two or more Persons, or to a single Person trading under the Name of a Firm, and no Promise to answer for the Debt, Default, or Miscarriage of a Firm consisting of Two or more Persons, or of a single Person trading under the Name of a Firm, shall be binding on the Person making such Promise in respect of anything done or omitted to be done after a Change shall have taken place in any one or more of the Persons constituting the Firm, or in the Person trading under the Name of a Firm, unless the Intention of the Parties, that such Promise shall continue to be binding notwith- standing such Change, shall appear either by express Stipulation or by necessary Im- plication from the nature of the Firm or otherwise.

Guarantee to or for

Firm to cease upon except in special cases.

a change in the Firm

charges the Liability

VI. Every Person who, being Surety for the Debt or Duty of another, or being A Surety who dis- liable with another for any Debt or Duty, shall pay such Debt or perform such Duty, to be entitled to As- shall be entitled to have assigned to him, or to a Trustee for him, every Judgment, igument of all Secu- Specialty, or other Security which shall be held by the Creditor in respect of such Debt ditor.

rities held by the Cre- or Duty, whether such Judgment, Specialty, or other Security shall or shall not be deemed at Law to have been satisfied by the Payment of the Debt or Performance of the Duty, and such Person shall be entitled to stand in the place of the Creditor, and to use all the Remedies, and, if need be, and upon a proper Indemnity, to use the Name of the Creditor, in any Action or other Proceeding, 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 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 afore- said, more than the just Proportion to which, as between those Parties themselves, such last-mentioned Person shall be justly liable.

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 Bill of Exchange to. 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.

VIII. 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 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.

be in writing.

Limitation of Ar- tions for "Merchants Accounts."

Absence or Impri-

IX. No Person or Persons who shall be entitled to any Action or Suit with respect to which the Period of Limitation within which the same shall be brought is fixed by sonment of a Creditor 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 & Will. 4. c. 27. ss. 40, 41, and 42, and c. 42.

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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 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 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.

not to be a Disability.

to run

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 suc any such Action or Suit against any One or