CAP. 23]
Stipulations not of the essence of contracts.
36 & 37 Vict. c. 66,
s. 25 (7).
Assignment
to self and others.
22 & 23 Vict.
c. 35, s. 21.
Consideration
need
appear by
writing.
19 & 20 Vict.
c. 97, s. 3.
Law Amendment (Miscellaneous Provisions).
8. Stipulations in contracts, as to time or otherwise, which would not, before the 13th day of October, 1873, have been deemed to be or to have become of the essence of such contracts in the court in its equitable jurisdiction shall receive in the court the same construction and effect as they would formerly have received in equity.
[10
9. Any person shall have power to assign personal property now by law assignable, including chattels real, directly to himself and another person, by the like means as he might assign the same to another.
[14
Mercantile Law Amendment.
10. No special promise made by any person to answer for guarantee for the debt, default, or miscarriage of another person, being in writing and signed by the party charged therewith or some other person by him thereunto lawfully authorized, 1 of 1864, s. 2. shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise has been made, by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document.
Right of surety who discharges liability to assignment. of all securi-ties held by creditor.
19 & 20 Vict. c. 97, s. 5.
1 of 1864, s. 3.
11. Every person who, being surety for the debt or duty of another or being liable with another for any debt or duty, pays such debt or performs such duty shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which is held by the creditor in respect of such debt or duty, whether such judgment, specialty or other security is or is not 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 has so paid such debt or performed such duty, and such pay-ment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding
420
CAP. 23]
Stipulations not of the essence of contracts.
36 & 37 Vict. c. 66,
s. 25 (7).
Assignment
to self and others.
22 & 23 Vict.
c. 35, s. 21.
Consideration
need
appear by
writing.
19 & 20 Vict.
c. 97, s. 3.
Law Amendment (Miscellaneous Provisions).
8. Stipulations in contracts, as to time or otherwise, which would not, before the 13th day of October, 1873, have been deemed to be or to have become of the essence of such contracts in the court in its equitable jurisdiction shall receive in the court the same construction and effect as they would formerly have received in equity.
[10
9. Any person shall have power to assign personal property now by law assignable, including chattels real, directly to himself and another person, by the like means as he might assign the same to another.
[14
Mercantile Law Amendment.
10. No special promise made by any person to answer for guarantee for the debt, default, or miscarriage of another person, being in writing and signed by the party charged therewith or some other person by him thereunto lawfully authorized, 1 of 1864, s. 2. shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise has been made, by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document.
Right of surety who discharges liability to assignment. of all securi- ties held by creditor.
19 & 20 Vict. c. 97, s. 5.
1 of 1864, s. 3.
11. Every person who, being surety for the debt or duty of another or being liable with another for any debt or duty, pays such debt or performs such duty shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which is held by the creditor in respect of such debt or duty, whether such judgment, specialty or other security is or is not 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 has so paid such debt or performed such duty, and such pay- ment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding
420
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