the-ordinances-of-the-legislative-counci-1890 — Page 714

678 ORDINANCE No. 13 OF 1864.


Mercantile Law Amendment.


joint debtors lies against two or more joint debtors , the person or persons who shall
in Colony
though some be entitled to the same shall not be entitled to any time within which to
absent.
commence and sue any such action or suit against any one or more of
such joint debtors who shall not be 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 this 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 .

Imperial Acts 11. In reference to the provisions of the Imperial Acts 9 Geo. 4. c.
extended to
acknowledg 14. ss . 1. and 8 , and the 16 and 17 Vict. c. 113. s . 24, an acknowledg
ments by
agents. ment or promise made or contained by or in a writing signed by an agent
of the party chargeable thereby , duly authorized to make such acknow

ledgment or promise , shall have the same effect as if such writing had
been signed by such party himself.

Part payment 12. In reference to the provisions of the Imperial Acts 21 Jac . 1. c.
by one con
tractor, &c., 16. s . 3, and of the Act 3 and 4 Will. 4. c. 42. s . 3 , and of the Act 16 &
not to pre
vent bar by 17 Vict. c. 113. s . 20, when there shall be two or more co- contractors or
certain Statu
tes of Limi co-debtors, whether bound or liable jointly only or jointly and severally.
tations in
favor of or executors or administrators of any contractor, no such co-contractor or
another
contractor. co-debtor, 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
or others of such co - contractors or co - debtors , executors , or administrators.

Rules and re 13. It shall be lawful for the Chief Justice to make rules and regu
gulations may
be made and lations, and to frame writs and proceedings for the purpose of giving effect
writs and
proceedings to this Ordinance , and from time to time to amend such rules , orders and
framed for
the purposes forms, and such rules , orders or forms , or amended rules , orders and
of this Ordli
nance. forms shall be submitted to the Legislative Council, who may allow ,
disallow, or alter the same, and the rules, orders and forms so allowed or

altered , shall be of the same force and effect as if they had been specially
inserted herein .

Short title. 14. In citing this Ordinance it shall be sufficient to use the expres
sion " The Mercantile Law Amendment Ordinance 1864. "


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