۱

out written

any money lent without written security, or for any rent, money money paid or expended by the plaintiff on account lent, &c,. withof the defendant, or for money received by defendant security. for the use of the plaintiff, or for money due upon an account stated, or upon any unwritten promise, contract, bargain, or agreement, unless such action shall be commenced within three years from the time after the cause of action shall have arisen.

the

9. No action shall be maintainable for or in respect of any goods sold and delivered, or for any shop bill or book debt, or for work and labour done, or for wages of artisans, labourers, or servants, unless the same shall be brought with one year after the debt shall have become due.

Term in cases for goods sold, shop bill, book debt, or work and labour.

Term in case

10. No action shall be maintainable for any loss, injury, or damage, unless the same shall be commenced for damages. within two years from the time when the cause of action shall have arisen.

11. No action shall be maintainable in respect of any cause of action not hereinbefore expressly provided for or expressly exempted from the operation of this Ordinance, unless the same shall be commenced within three years from the time when such cause of action shall have accrued.

12. No claim in reconvention or by way of set-off shall be allowed or maintainable in respect of any claim or demand after the right to sue in respect thereof shall be barred by any of the provisions hereinbefore contained.

Term in case of actions not

hereinbefore provided for.

Claims in not be allowed where action is barred.

reconvention

13. In any of the forms of action referred to in sec- No acknowtions 6, 7, 8, 9, 11, and 12 of this Ordinance, no acknowledgment to ledgment or promise by words only shall be deemed of the operaevidence of a new or continuing contract, whereby to Ordinance untake the case out of the operation of the enactments less in writing.

contained in the said sections, or any of them, or to deprive any party of the benefit thereof, unless such acknowledgment shall be made or contained by or in some writing to be signed by the party chargeable, or by some agent duly authorized to enter into such contract on his behalf; and that where there shall be two or more joint contractors, or heirs, executors, or administrators of any contractor, no such joint contractor or heir, executor, or administrator shall lose the benefit of the said enactments, or any of them, by reason of any written acknowledgment or promise made by any other or others of them. Provided always that nothing herein contained shall alter or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever. Provided also that in actions to be commenced against two or more such joint contractors or heirs, executors, or a lministrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by any of the provisions contained in the said sections as to one or more of such joint contractors, heirs, executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff.

14. Provided, nevertheless, that if at the time when case of disabili- the right of any person to sue for the recovery of any immovable property shall have first accrued, such person shall have been under any of the disabilities hereinafter mentioned - that is to say, infancy, idiotey, unsoundness of mind, lunacy, or absence beyond the

seas-then and so long as such disability shall con
tinue the possession of such immovable property by
any other person shall not be taken as giving such
person any right or title to the said immovable pro-
perty, as against the person subject to such disability
or those claiming under him, but the period of ten
years required by the 3rd section of this Ordinance
shall commence to be reckoned from the death of
such last named person, or from the termination of
such disability, whichever first shall happen'; bnt no
further time shall be allowed in respect of the disabili-
ties of any other person. Provided also that the Proviso.
adverse and undisturbed possession for thirty years
of any immovable property by any person claiming
the same or by those under whom he claims, shall
be taken as conclusive proof of title in manner pro-
vided by the 3rd section of this Ordinance, notwith-
standing the disability of any adverse claimant.

15. Provided also that if at the time when the right of action in respect of any of the causes referred to in sections 6, 7, 8, 9, 11 and 12 of this Ordinance shall accure, the person so entitled to sue shall be subject to any of the said hereinbefore mentioned disabilities, then the several periods of limitation hereinbefore provided shall not commence to run until the removal of such disability or the death of such person, whichever first shall happen; but no further time shall be allowed in respect of the disability of any other person.

16 Nothing herein contained shall in any way affect the rights of the Crown, or shall be taken to apply to any proceedings in any action for divorce, or to any case in which special provision has been or may hereafter be made for regulation and determining the

Proviso in case affecting claim other than

of disabilities

those for lands.

Act not to

affect Crown or monial,

period within which actions may be commence against any public officer or other person.

17. That this Ordinance shall come into operation on the 23rd December, 1871.

of possessor does not interrupt possession 31.

ABSENT, persons under Roman Law

ABOLISHING, old terms &c.

ACCOUNT, stated

...

11.

prise an express or implied promise.