CHAP.
XXIII.
A Saving to
Infants,
Femme
Coverts, &c.
Persons absenting
out of
the Province,
or removing
from County
to County,
shall have no
Benefit of this
Limitation.
Proviso in
Favour of
such as remove,
&c.
for Conveniency,
or leave
Effects sufficient
to pay
their just
Debts.
No Specialty
whatsoever
(except to the
Use of his
Majesty, &c.)
to be good
and pliable
after Twelve
Years, &c.
Except Infants,
&c. |
any such Cause of Action accruing, within the Age of One and Twenty
Years,
Femme Covert, Non compos Mentis, Imprisoned, or beyond the Seas;
that then
such person or Persons shall be at Liberty to bring the said Action or
Actions,
within the respective Times before limited, after their coming to, or being
of, full Age, sound Memory, at large, or returned from beyond the Seas,
as other Persons having no such Impediment, might or should have done.
IV. And forasmuch,
as divers Disputes formerly arose, whether Persons absenting
the Province, or wandering from County to COunty until the Time
by the late Act, for the Reasons and Purposes aforesaid limited and allowed,
were expired, should have any Benefit thereby; and different Judgments
given thereon in the several and respective Counties within this Province,
for
that the said Act was altogether silent; Be
it therefore Enacted, by the
Authority
aforesaid, That from and
after the Publication hereof, no Person or
Persons whatsoever, absenting themselves out of this Province, or that
shall
remove from County to County, after any Debt contracted, whereby the
Creditor or Creditors may be at an Uncertainty of finding out the said
Person
or Persons, or his or their Effects, shall have any Benefit by the Limitation
or Restriction in this Act specified.
V. Provided
always, and it is
the true Intent and Meaning hereof, That
this Act, or any thing herein contained, shall not be construed, reputed
or
taken, to prejudice or debar any Person removing himself or Family, from
one County to another, for his Conveniency; or any Person, leaving this
Province
for the Time and Term in this Act limited, from the Benefit thereof;
he leaving Effects sufficient and known, for the Payment of his just Debts,
in the Hands of some Person or Persons, who will assume the Payment thereof
to his Creditors; any thing in this Act contained to the contrary hereof
in
any wise notwithstanding.
VI. And
be it further Enacted, by
the Authority aforesaid, by and with the
Advice and Consent aforesaid, That
no Bill, Bond, Judgment, Recognizance,
Statute Merchant, or of the Staple, or other Specialty whatsoever, except
such as shall be taken in the Name, or for the Use of our Sovereign Lord
the
King, his Heirs and Successors, shall be good and pleadable, or admitted
in
Evidence against any person or Persons of this Province, after the principal
Debtor and Creditor have been both Dead Twelve Years, or the Debt or
Thing in Action above Twelve Years standing: Saving to all Persons
that
shall be under the aforementioned Impediments of Infancy, Coverture, Insanity
of Mind, Imprisonment, or being beyond the Sea, the full Benefit of
all such Bills, Bonds, Judgments, Recognizances, Statutes Merchant, or
of
the Staple, or other Specialties, for the Space of Five Years after such
Imprisonment
removed; any thing in this Act before mentioned to the contrary
notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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