Merchants' accounts. Plaintiff beyond seas or im prisoned. 19 & 20 VICT. c. 97 (MERCANTILE LAW AMENDMENT ACT, 1856), An Act to amend the laws of England and Ireland affecting 9. 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, or when such cause has already arisen then within six years after the passing of this Act; 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 (1) in the same account having arisen within six years next before the commencement of such action or suit. p. 5. 10. 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 of the twenty-first year of the reign of King James the First, chap. 16, c. 3, or by the Act of the fourth year of the reign of Queen Anne, chap. 16, sec. 17, or by the Act of the fifty-third year of the reign of King George the Third, chap. 127, sec. 5, or by the Acts of the third and fourth years of the reign of King William the Fourth, chap. 27, secs. 40, 41, and 42, and p. 55. chap. 42, sec. 3, or by the Act of the sixteenth and seventeenth years of the reign of her present Majesty, chap. 113, sec. 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 beyond the seas, or in the cases in which by virtue of any of the aforesaid (1) See Knox v. Gye, L. R. 5 H. L., at p. 673. p. 60. p. 60. p. 57. P. 96. enactments, imprisonment is now a disability, by reason of debtors be yond seas. 11. Where such cause of action or suit with respect to One of two 12. No part of the United Kingdom of Great Britain and Beyond 13. In reference to the provisions of the Acts of the ninth 14. In reference to the provisions of the Acts of the twenty-first year of the reign of King James the First, chap. 16, sect. 3, and of the Act of the third and fourth years of the reign of King William the Fourth, chap. 42, sect. 3, and Acknowledgment signed by agent. Part payment by one co debtor. of the Act of the sixteenth and seventeenth years of the reign of her present Majesty, chap. 113, sect. 20, when there shall p. 125. be 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, 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 cocontractors or co-debtors, executors, or administrators, p. 172. 23 & 24 VICT. c. 38, ss. 13 & 15, An Act to further amend the law of property. [23rd July 1860.] 13. Whereas by the Act of Parliament of the third and fourth of William the Fourth, chapter twenty-seven, section forty, it was enacted that after the thirty-first day of December One thousand eight hundred and thirty-three no action or suit or other proceeding should be brought to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same should have accrued to some person capable of giving a discharge for or release of the same, unless such acknowledgment in writing or payment of principal or interest as therein mentioned should have been given or made, and then within twenty years next after such payment or acknowledgment, or the last of such payments or acknowledgments: and whereas it is expedient that the said enactment should be extended to the case of claims to the estates of persons dying intestate: Be it therefore enacted, that after the thirty-first day of December One thousand eight hundred and sixty no suit or other proceeding shall be brought to recover the personal estate, or any share of the personal estate, of any person dying intestate, possessed by the legal personal representative of such intestate, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same, unless in the meantime some part of such estate or share, or some interest in respect thereof, shall have been accounted for or paid, or some acknowledgment of the right thereto shall have been given in writing, signed by Act not to extend to Scotland, &C. the person accountable for the same, or his agent, to the person entitled thereto, or his agent; and in such case no such action or suit shall be brought, but within twenty years after such accounting, payment, or acknowledgment, or the last of such accountings, payments, or acknowledgments, if more than one was made or given. 15. This Act is not to extend to Scotland, nor are any of the clauses, except clause six and the subsequent clauses, to extend to Ireland. |