1901_MERCANTILE_LAW_AMENDMENT_ORDINANCE__1864 — Page 3

. 1864.

A.D. 1864.] MERCANTILE LAW AMENDMENT.

: of the

[No. 1.

47

ndment

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Suits not to be absence from imprisonment of person entitled.

the Colony or

c. 97 s. 10.

5. No person or persons who is or are entitled to any action or suit with Certain respect to which the period of limitation within which the same shall be periods of brought is fixed by section 3 of the Act 21 James 1 Chapter 16, entitled actions and

limitation of "An Act for Limitation of Actions, and for avoiding of Suits in Law," or by section 17 of the Act 4 Anne Chapter 16, entitled “An Act for the Amendment of the Law, and the better Advancement of Justice," or by section 5 of the Act 53 George 3 Chapter 127, entitled "An Act for the better Regulation of Ecclesiastical Courts in England; and for the 19 & 20 Viet. more easy Recovery of Church Rates and Tithes," or by sections 40, 41, and 42 of the Act 3 & 4 William 4 Chapter 27, entitled “An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto," or by section 3 of the Act of the same reign and year Chapter 42, entitled "An Act for the further Amendment of the Law, and the better Advancement of Justice," or by section 20 of the Act 16 & 17 Victoria Chapter 113, entitled "An Act to amend the Procedure in the Superior Courts of Common Law in Ireland," 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 ac- tion 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 dis- ability, 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.

limitation to run as to

joint debtors though some in the Colony,

absent. Ib. s. 11.

6. Where such cause of action or suit with respect to which the Period of period of limitation is fixed by the enactments aforesaid or any of them lies against two or more joint debtors, the person or persons who is or are entitled to the same shall not be entitled to any time within which to commence and sue any such action or suit against any one or more of such joint debtors who is or are not 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 the 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.

7. In reference to the provisions of sections 1 and 8 of the Act 9 Extension of George 4 Chapter 14, entitled "An Act for rendering a written Memo- randum necessary to the Validity of certain Promises and Engage

certain acknowledg

enactments to