...taking cases out of the operation of the said enactment, &c., it is enacted, Sec. I. That in actions of debt, or upon the case, grounded upon any simple...signed by the party chargeable thereby ; and that where there shall be two or more joint contractors, or executors, or administrators of any contractor,...

...to take any case out of the operation of the said enactments, (that is, the statute of limitations), or to deprive any party of the benefit thereof, unless...contained by or in some writing to be signed by the parti/ chargeable thereby. On the other hand, it was said, that, as the promise by words in this case...

...to take any case out of the operation of the said enactments, (that is, the statute of limitations), or to deprive any party of the benefit thereof, unless...or contained by or in some writing to be signed by t/tc party chargeable thereby. On the other hand, it was said, that, as the promise by words in this...

...or promise by word only shall be deemed sufficient evidence of a new or continuing contract" &c. " unless such acknowledgment or promise shall be made...writing to be signed by the party chargeable thereby." It becomes, therefore, the duty of the party who is to take a case out of the statute to shew affirmatively...

...690. A. 141. no 1831. KENNEXT MlLBAXK. no doubt. But by that statute it is enacted, " that in actions of debt, or upon the case grounded upon any simple...writing to be signed by the party chargeable thereby." The question, therefore, is, whether we have any evidence in writing of an acknowledgment or promise...

...of a new or continuing contract, whereby to take any case out of the operation of 21 Jac. 1. c. 16. or to deprive any party of the benefit thereof, unless...writing to be signed by the party chargeable thereby." Mr. Curwood relied on Kennett v. Milbank (a), as recognizing the position that a defendant's acknowledgment...

...the thirteenth day of February, in the year of our Lord one thousand seven hundred and eighty-seven ; or to deprive any party of the benefit thereof, unless...promise shall be made or contained by or in some writing signed by the party chargeable thereby ; and that where there shall be two or more joint contractors...

...acknowledgments and promises to revive debts barred by the statute of limitations, enacts, " that, in actions of debt, or upon the case, grounded upon any simple...writing to be signed by the party chargeable thereby." Before that act, a parol admission was sufficient to revive the debt — Gibbons v. M'Casland (a),...

...new or continuing contract, " whereby to take any case out of the operation of the said enact" ments, or either of them, or to deprive any party of the...signed by the party " chargeable thereby ; and that where there shall be two or more " joint contractors, or executors or administrators of any contrac"...

...by an unconditional against Hll-LAEY. acknowledgment. Lord TENTERDEN CJ The words of the act are, " unless such acknowledgment or promise shall be made...writing to be signed by the party chargeable thereby." The defendant himself must be chargeable by the instrument relied upon to bar the statute. That was...