ORDINANCE No. 13 of 1864.
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, 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 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 the 14th day of February 1857, shall be sufficient to bind or charge any person, unless 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 [Repealed by Ordinance No. 9 of 1885.]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 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.
9. 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 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 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 imprisoned 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 is fixed by the enactments aforesaid or any of them
Page 677
Acceptance of any bill of exchange to be in writing.
Limitation of actions for "Merchants' Accounts."
Absence or imprisonment of a creditor not to be a disability.
Period of limitation to run as to
ORDINANCE No. 13 of 1864.
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 the 14th day of February 1857, shall be sufficient to bind or charge any person, unless 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 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.
9. 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 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 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 cnactments aforesaid, by reason only of such person, or some one or more of such persos, 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 is fixed by the enactments aforesaid or any of them
677
Acceptance of any bill of ex- change to be in writing.
Limitation of actions for "Merchants. Accounts."
Absence or imprisonment
of a creditor not to be a disability.
Period of limitation to run as to
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