64.
Period of limitation to run as to certain joint debtors absent from the Colony.
19 & 20 Vict. c. 97, s. 11.
No. 1 of 1864. MERCANTILE LAW AMENDMENT.
more of such persons being imprisoned at the time of such cause of action or suit accrued.
6. Where such cause of action or suit with respect to limitation to which the period of limitation is fixed by the enactments lies against two or more joint debtors, the person who is 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 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.
Extension of certain enactments to acknowledgment by agent.
19 & 20 Vict. c. 97, s. 13.
Saving of benefit of statute to contractor or debtor whose co-contractor or co-debtor makes payment.
7. In reference to the provisions of sections 1 and 8 of the Act 9 George 4, chapter 14, (the Statute of Frauds Amendment Act, 1828), and section 24 of the said Act 16 & 17 Victoria, chapter 113, an acknowledgment or promise made or contained by or in a writing signed by an agent of the party chargeable thereby, duly authorised to make such acknowledgment or promise, shall have the same effect as if such writing had been signed by such party himself.
8. In reference to the provisions of the said section 3 of the Act 21 James 1, chapter 16, the said section 3 of the Act 3 & 4 William 4, chapter 42, and the said section 20 of the Act 16 & 17 Victoria, chapter 113, when there are two or more co-contractors or co-debtors, whether bound or liable jointly only or jointly and severally, or executors or administrators of any contractor, no such co-contractor or co-debtor, or 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 payment of any principal, interest, or other money by any other of such co-contractors or co-debtors or executors or administrators.
19 & 20 Vict. c. 97, s. 14.
[s. 9, rep. No. 50 of 1911.]
64..
Period of
run as to
19 & 20 Vict.
c. 97, s. 11.
No. 1 of 1864. MERCANTILE LAW AMENDMENT.
more of such persons being imprisoned at the time of such cause of action or suit accrued.
6. Where such cause of action or suit with respect to limitation to which the period of limitation is fixed by the enactments joint debtors aforesaid or any of them lies against two or more joint in the Colony, debtors, the person who is entitled to the same shall not be though some
entitled to any time within which to commence and sue any absent.
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 so entitled as aforesaid shall not be barred from com- mencing 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.
Extension of.
certain to acknow- ledgment by.
fenactments
agent.
19 & 20 Vict. c. 97, s. 13.
Saving of ¡benefit of.. statute to
contractor or debtor whose
co-contractor
or co-debtor
makes payment.
7. In reference to the provisions of sections 1 and 8 of the Act 9: George 4, chapter 14, (the Statute of Frauds Amend- ment Act, 1828), and section 24 of the said Act 16 & 17 Victoria, chapter 113, an acknowledgment or promise made or contained by or in a writing signed by an agent of the party chargeable thereby, duly authorised to make such acknowledgment or promise, shall have the same effect as if such writing had been signed by such party himself.
8. In reference to the provisions of the said section 3 of the Act 21 James 1, chapter 16, the said section 3 of the Act 3 & 4 William 4, chapter 42, and the said section 20 of the Act 16 & 17 Victoria, chapter 113, when there are two or more co- contractors or co-debtors, whether bound or liable jointly only or jointly and severally, or executors or administrators of 19 & 20 Vict. any contractor, no such co-contractor or co-debtor, or executor ¡c. 97, s. 14.
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 payment of any principal, interest, or other money by any other of such co-contractors or co-debtors or executors or administrators.
[s. 9, rep. No. 50 of 1911.]
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