LAW AMENDMENT (MISCELLANEOUS PROVISIONS) ORDINANCE

LAW AMENDMENT (MISCELLANEOUS PROVISIONS) ORDINANCE

CHAPTER 23.
THE LAW AMENDMENT (MISCELLANEOUS
PROVISIONS) ORDINANCE.
ARRANGEMENT OF SECTIONS.
Section ..................... Page
1. Short..title............................ ... ... ... ... ... ... ... 418

Amendment and Declaration of Law.
2. Administration by the court of estate of deceased insolvent
person ................. ............... ... 418
3. Statute of limitations ..................... ... ... ... ... 418
4. Equitable waste ... ........................ ... ... ... ... 418
5. Merger .................................... ... ... ... ... 419
6. Action for possession of immovable property by mortgagor 419
7. Assi-nment of debt or chose in action ... ... ... ... 419
8. Stipulations not of the essence of contracts ... ... ... 420
9. Assignment to self and others ........... ... ... ... ... 420

Mercantile Law Amendment.
10. Consideration for guarantee need not appear by writing 420
11. Right of surety who discharges liability to assignment of
all securities held by creditor ....... ... ... ... 420
12. Limitation of actions for merchants' accounts ... ... 421
13. Certain periods of limitation not to be extended by absence,
etc . .................................... ... ... ... ... ... 421
14. Period of limitation to run as to joint debtors in the Colony,
though some absent ....................... ... ... ... 421
15. Extension of certain enactments to acknowledgment by agent 422
16. Saving of benefit of statute to contractor or debtor whose
co-contractor or co-debtor makes payment ... ... 422

Public Officers.
17. Protection of public officers acting under authority of enact-
ment ............; . ..................... ... ... ... 422
18. Proceedings not abated by change in office ... ... ... 423

Government Contracts.
19. Contracts by public officers ........... ... ... ... 423
20. Effect of contracts already made by public officers ... 423
21. Contracts by Crown Agents 424
22. Omission of title after signature of public officer immaterial 424

Usury.
23. Rate of interest where no agreement, etc . ... ... ... ... 424

Abolition of Outlawry.
24. Abolition of outlawry in civil proceedings ... ... 424

Execution of Instruments under Seal
by Foreign Corporations.
25. Authority of agent of foreign corporation need not be under
seal, unless seal required by law of foreign state 425

Payment of Public Allowances where Payee Certified
26. Payment of emoluments, etc., where the payee is certified
to be incapable..................... ... ... ... ... ... ... 425





CHAPTER 23.
LAW AMENDMENT (MISCELLANEOUS PROVISIONS).

Toamend and declare in certain respects the law to be
administered in the Supreme Court, the laws of trade
and commerce, and to enact other miscellaneous pro-
visions.

[1st July, 1901.]

1. This Ordinance may be cited as the Law Amend-
ment (Miscellaneous Provisions) Ordinance.

Amendment and Declaration of Law.

2.In the administration by the court of the assets
of any deceased person whose estate may prove to be in
sufficient for the payment in full of his debts and liabilities,
the same rules shall prevail and be observed as to the
respective rights of secured and unsecured creditors, and
as to debts and liabilities provable, and as to the valuation
of annuities and future and contingent liabilities respec
tively, as may be in force under the law of bankruptcs,
with respect to the estates of persons adjudged bankrupt;
and all persons who in any such case would be entitled
to prove for and receive dividends out of the estate of any,
such decreased person may come in under the judgment or
order for the administration of such estate and make such
claims against the sanne as they may respectively be entitled
to by virtue of this Ordinance. [4

3.No claim of a cestui que trust against his trustee
for any property held on an express trust, or in respect of
any breach of such trust, shall be held. to be barred by
statute of limitations. [5

4. An estate for life without impeachment of waste
shall not confer or be deemed to have conferred upon the
tenant for life any legal right to commit waste of the
description known as equitable waste, unless an intention
to confer such right expressly appears by the instrument
creating such estate.
[6





5.There shall not be any merger by operation of
law only of any estate, the beneficial interest in which
would not be deemed to be merged or extinguished in
equity. [7

6.A mortgagor entitled for the time being to the
possession or receipt of the rents or profits of any immov
able property, as to which no notice of his intention to
take possession or to enter into the receipt of the rents
and profits thereof has been given by the mortgagee, may
sue for such possession, or for the recovery of such rents
and profits, or to prevent or recover damages in respect
of any trespass or other wrong relative thereto, in his own
name only, unless the cause of action arises upon a lease
or other contract made by him jointly with any other
person. [8

7. Any absolute assignment, by writing under the
hand of the assignor (not purporting to be by way of
charge only), of any debt or other legal chose in action,
of which express notice. in writing has been given to the
debtor, trustee or other person from whom the assignor
would have been entitled to receive or claim such debt or
chose in action, shall be and be deemed to have been
effectual in law (subject to all equities which would have
been entitled to priority over the right of the assignee if
this Ordinance had not been passed) to pass and transfer
the legal right to such debt or chose in action from the
date of such notice, and all legal and other remedies for
the same, and the power to give a good discharge for the
same, without the concurrence of the assignor : Provided
that if the debtor, trustee or other person liable in respect
of such debt or chose in action has had notice that such
assignment is disputed by the assignor or any one claim-
ing under him or of any other opposing or conflicting claims
to such debt or chose in action, he shall be entitled to
call upon the several persons making claim thereto to inter-
plead concerning. the same, or he may pay the same into
the court under and in conformity with the provisions of
any Ordinance relating to trustees.





8. Stipulations in contracts, as to time or otherwise,
which would not, before the 13th day of October, 1873,
have been deemed to be or to have become of the essence
of such contracts in the court in its equitable jurisdiction
shall receive in the court the same construction and effect
as they would formerly have received in equity. [10

9.Any person shall have power to assign personal
property now by law assignable, including chattels real,
directly to himself and another person, by the like means
as he might assign the same to another. [14

Mercantile. Law Amendment.

10. No, special promise made by any person to answer
for the debt, default, or miscarriage of another person, being
in writing and signed by the party charged therewith or
some, other, person by him thereunto lawfully authorized,
shall be deemed invalid to support an action, suit, or other
proceeding to charge the person by whom such promise
has been made, by reason only that the consideration for
such promise does not appear in writing or by necessary
inference from a written document.

11. Every person who, being surety for the debt or
duty of another or being liable with another for any debt
or duty, pays such debt or performs such duty shall be
entitled to have assigned to him, or to a trustee for him,
every judgment, specialty, or other security which is held
by the creditor in respect of such debt or duty, whether.
such judgment, specialty or other security is or is not
deemed at law to have been satisfied by the payment of
the debt or performance of the duty, and such person shall
be entitled to stand in the place of the creditor, and to
use all the remedies, and, if need be and upon a proper
indemnity, to use the name, of the creditor in any action
or other proceeding, at law or in equity, in order to obtain
from the principal debtor or any co-surety, co-contractor,
or co-debtor, as the case may be, indemnification for the
advances made and loss sustained by the person who has
so paid such debt or performed such duty, and such pay-
ment or performance so made by such surety shall not be
pleadable in bar of any such action or other proceeding





by him : Provided always that no co-surety, co-contractor,
or co-debtor, shall be entitled to recover from any other co-
surety, co-contractor, or, co-debtor by the means aforesaid,
more than the just proportion to which, as between those
parties themselves, such last-mentioned person is justly liable.

12. 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; and no claim in respect of
a matter which arose more than six years before the corn-
mencement of any such action or suit shall be enforceable
by action or suit by reason only of some other matter of
claim comprised in the same account having arisen within
six years next.before the commencement of such action or
suit.

13. No person or, persons who is or are entitled to any
action or suit with respect to which the'period' of limitation
within which the same shall be brought is fixed by section
3 of the Limitation Act, 1623, or by section 17 of the Act
4 & 5 Anne, chapter 3, or by section 5 of the Ecclesiastical
Courts Act, I8I3, or by sections 40, 41 and 42 of the Real
Property Limitation Act, 1833, or by section 3 of the Civil
Procedure Act, 1833, or by section 20 of the Act 16 & 17
Victoria, chapter II3 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 afore-
said, 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, absent from the Colony, or, in the cases
in which, by virtue of any of the aforesaid enactments,
imprisonment is now a disability, by reason of such person
or some one or more of such persons being imprisoned at
the tinie of such cause of action or suit accrued.

14. Where such cause of action or suit with respect
to which the period of limitation is fixed by the enactments
aforesald or any of them lies against two or more joint
debtors, the person who is entitled to the sarne shall not
be entitled to any time within which to commerce and sue
any such action or suit against any one or more of such





joint, debtors who is or are not 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 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 the 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.

15. In refereiice tothe provisions of sections I and 8.
of the Statute of Frauds Amendment Act, 1828, and section
24 of the said Act 16 & 17 Victoria, chapter II3, an
acknowledg 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 acknowledgment or promise,
shall have the same effect as if such writing had been signed
by such party himself.

16. In reference to the provisions of the said section
3 of the Limitation Act, 1623, the said section 3 of the
Civil Procedure Act, 1833, 'and the said section 20 of the
Act 16 & 17 Victoria, chapter II3, when there are two
or more co-contractors or co-debtors, whether bound or
liable jointly only or jointly and severally, or executors or
'Arninistrators of any contractor, no such co-contractor or
co-debtor, or executor or administrator, shall lose the benefit
of the said enactments, or any of them, so, as to be charge-
able in respect or by reason only of payment of any prin-
cipal, interest, or other money by any other of such co-
contractors or co-debtors or executors or administrators.

Public Officers.

17. (1) Unless it is otherwise expressly provided in
any enactment, all actions and prosecutions to be corn-
menced against any public officer for anything done or
omitted to be done in pursuance of any enactment shall be
commenced within six months after the act or omission,
and not otherwise.





(2) 1n any such action the defendant may plead the
general issbe, and give this section and any special matter
in evidence at any trial to be had thereupon.

(3) No plaidtiff shall recover in any such action if
tender of sufficient amends has been made before such
action brought, or if a sufficient sum of mone has been
paid into court after such action brought, by or on behalf
of the defendant.

(4) If a verdict passes for the defendant, or the plaintiff
is nonsuited or discontinues any such action after issue
joined, or if judgment is given against the plaintiff, the
defendant shall recover his full costs as between solicitor
and client and shall have the like remedy for the same as
any defendant has by law in other cases; and though a
verdict passes or judgment is given for the plaintiff in any
such action, the plaintiff shall not have costs against the
defendant unless the judge before whom the trial is had
certifies his approbation of, the action.

18. Any civil or criminal proceedings taken by or
against any person in virtue of his office shall not be dis-
continued or abated by his death, resignation or absence
or removal from ohice, but may be carried on by or against,
as the case may be, the person appointed to perform the
duties of the office.

Government Contracts.

19. In all contracts or other documents hereafter signed,
executed or made by the Governor or by any public officer
on behalf of the Governor or Government or of the public
service, . it shall not be necessary to name such Governor
or officer; it shall be sufficient to name the office he holds;
and the Governor or officer performing the duties of the
office named shall (unless the contrary intention appears)
be deemed to be a party thereto as if the office of such
Governor or officer was a corporation sole with perpetual
succession for this purpose.

20. Every contract and other document heretofore
signed, executed or made by any Governor or other public
officer on behalf of the Governor or Government or of the





public service shall (unless the contrary intention appears)
be deemed to have been made by such Governor or officer
on behalf of himself and his successors in office, and shall
be enforceable by the Governor or officer performing the
duties of the office named, or by the Attorney General on.
behalf of such Governor or officer as if the office of such
Governor or officer had, at the time of such execution or
making, been a corporation sole with perpetual succession.
for this purpose.

21. Contracts made or to be made in England, for the
Government or for the public service by the Crown Agents,
shall, so far as the same come within the jurisdiction of the
courts of the Colony, be deemed to have been made by the
Governor.

22. The omission to add the title of the public office
held by any Governor or public officer signing or executing
any such contract or other document as aforesaid after the
signature of such officer shall not exclude such contract or
other document from the operation of sections 19 to 22 hereof.

Usury.

23. (I) Where interest is payable on any contract,
express or implied, or on any debt or sum of money, but
the rate of such interest is not fixed by the contract, or by
the parties, or by rule of law, the rate thereof shall not exceed
eight dollars per cent per annum : Provided always that
it shall be lawful for any court in awarding interest in any
action, suit, or matter, to allow a lower rate of interest,
if the circumstances of the case render it just and expedient.

(2) Nothing in this section shall be taken to affect or
repeal any Ordinance relating to pawnbrokers.

(3) The Acts and parts of Acts repealed by the Usury
Laws Repeal Act, 1854, shall have no force in this Colony.

Abolition of Outlawry.
24. No person shall be outlawed or waived in or in
consequence of any civil proceeding, and no proceedings
to outlawry or waiver in or in consequence of any civil pro-
ceeding shall be taken at the instance of the Crown or
otherwise.





Execution of Instruments under Seal
by Foreign Corporations.

25. (1) The fact that a power of attorney or document
of authorization given to or in favour of the donee of the
power or agent of a foreign corporation is not under seal
shall not, if such power of attorney or document of authoriza-
tion is valid as a power of attorney or document of authoriza-
tion in accordance with the laws of the state under which
such corporation is incorporated, affect, for any purpose
intended to be effected within the Colony, the validity or
effect of any instrument under seal executed on behalf of such
corporation by such donee of the power or agent, which
shall for all such purposes whatsoever be as valid as if such
authority had been under seal.

(2) In this section , 'foreign corporation' meAns any
corporate body duly incorporated in accordance with the laws
of any foreign state, and 'foreign state' does not include
any British protectorate.

Payment of Public Allowances where Payee Certified.

26. When any sum in respect of emoluments, pension,
gratuity or other allowance is payable out of the revenues
of the Colony to any public servant, or to the widow or
child of any public servant, and the person to whom the
sum is payable is certified by two persons who are either
Government Medical Officers or medical practitioners to be
unable by reason of mental disability to manage his or her
affairs, the Governor in Council may direct the payment of
so much of the said sum as he may think fit to the institution
or person having the care of the disabled person, and may
direct the payment of the surplus, if any, or so much thereof
as he may think fit, for or towards the maintenance and
benefit of the wife or husband and relatives of the disabled
person, and payment under such direction shall be a
sufficient discharge from all liability in respect of any sums
so paid.
Originally 4 of 1901. Fraser 2 of 1901. 1 of 1864. 5 of 1886. 4 of 1901. 31 of 1911. 1 of 1920. 27 of 1935. Short title. Administration by the court of estate of deceased insolvent person. 36 & 37 Vict. C. 66, s. 25 (1). Statute of limitations. 36 & 37 Vict. c. 66, s. 25 (2). Equitable waster. 36 & 37 Vict. c. 66, s. 25 (3). Merger. 36 & 37 Vict. C. 66, s. 25 (4). Action for possession of immovable property by mortgagor. 36 & 37 Vict. C. 66, s. 25 (5). Assignment of debt or chose in action. 36 & 37 Vict. C. 66, s. 25 (6). Stipulations not of the essence of contracts. 36 & 37 Vict. C. 66, s. 25 (7). Assignment to self and others. 22 & 23 Vict. C. 35, s. 21. Consideration for guarantee need not appear by writing. 19 & 20 Vict. C. 97, s. 3. 1 of 1864, s. 2. Right of surety who discharges liability to assignment of all securities held buy creditor. 19 & 20 Vict. c. 97, s. 5. 1 of 1864, s. 3. Limitation of actions for merchants' accounts. 19 & 20 Vict. C. 97, s. 9. 1 of 1864, s. 4. Certain periods of limitation not to be extended by absence, etc. 19 & 20 Vict. C. 97, s. 10. (21 Jac. 1 c. 16). (53 Geo. 3 c. 127). (3 & 4 Will. 4 c. 42.) 1 of 1864, s. 5. Period of limitation to run as to joint debtors in the Colony, though some absent. 19 & 20 Vict. c. 97, s. 11. 1 of 1864, s. 6. [s. 14 cont.] Extension of certain enactments to acknowledgment by agent. 19 & 20 Vict. C. 97, s. 13. (9 Geo. 4 c. 14.) 1 of 1864, s. 7. Saving of benefit of statute to contractor or debtor whose co-contractor or co-debtor makes payment. 19 & 20 Vict. C. 97, s. 14. 1 of 1864, s. 8. Protection of public officers acting under authority of enactment. 31 of 1911, s. 48. Proceedings not abated by change in office. 31 of 1911. S. 25 (3). Contracts by public officers. 31 of 1911. S. 49. Effect of contracts already made by public officers. 31 of 1911, s. 50. [s. 20 cont.] Contracts by Crown Agents. 31 of 1911, s. 51. Omission of title after signature of public officer immaterial. 31 of 1911, s. 52. Rate of interest where no agreement, etc. 17 & 18 Vict. C. 90, s. 2. 5 of 1886, ss.3, 4, 5. Saving. Repeal of English Acts. (17 & 18 Vict. c. 90.) Abolition of outlawry in civil proceedings. 42 & 43 Vict. c. 59, s. 3. 4 of 1901, s. 2. Authority of agent of foreign corporation need not be under seal, unless seal required by law of foreign state. 1 of 1920, ss. 2, 3. Payment of emoluments, etc., when the payee is certified to be incapable. 53 Vict. C. 5, s. 335. 27 of 1935, s. 2.

Originally 4 of 1901. Fraser 2 of 1901. 1 of 1864. 5 of 1886. 4 of 1901. 31 of 1911. 1 of 1920. 27 of 1935. Short title. Administration by the court of estate of deceased insolvent person. 36 & 37 Vict. C. 66, s. 25 (1). Statute of limitations. 36 & 37 Vict. c. 66, s. 25 (2). Equitable waster. 36 & 37 Vict. c. 66, s. 25 (3). Merger. 36 & 37 Vict. C. 66, s. 25 (4). Action for possession of immovable property by mortgagor. 36 & 37 Vict. C. 66, s. 25 (5). Assignment of debt or chose in action. 36 & 37 Vict. C. 66, s. 25 (6). Stipulations not of the essence of contracts. 36 & 37 Vict. C. 66, s. 25 (7). Assignment to self and others. 22 & 23 Vict. C. 35, s. 21. Consideration for guarantee need not appear by writing. 19 & 20 Vict. C. 97, s. 3. 1 of 1864, s. 2. Right of surety who discharges liability to assignment of all securities held buy creditor. 19 & 20 Vict. c. 97, s. 5. 1 of 1864, s. 3. Limitation of actions for merchants' accounts. 19 & 20 Vict. C. 97, s. 9. 1 of 1864, s. 4. Certain periods of limitation not to be extended by absence, etc. 19 & 20 Vict. C. 97, s. 10. (21 Jac. 1 c. 16). (53 Geo. 3 c. 127). (3 & 4 Will. 4 c. 42.) 1 of 1864, s. 5. Period of limitation to run as to joint debtors in the Colony, though some absent. 19 & 20 Vict. c. 97, s. 11. 1 of 1864, s. 6. [s. 14 cont.] Extension of certain enactments to acknowledgment by agent. 19 & 20 Vict. C. 97, s. 13. (9 Geo. 4 c. 14.) 1 of 1864, s. 7. Saving of benefit of statute to contractor or debtor whose co-contractor or co-debtor makes payment. 19 & 20 Vict. C. 97, s. 14. 1 of 1864, s. 8. Protection of public officers acting under authority of enactment. 31 of 1911, s. 48. Proceedings not abated by change in office. 31 of 1911. S. 25 (3). Contracts by public officers. 31 of 1911. S. 49. Effect of contracts already made by public officers. 31 of 1911, s. 50. [s. 20 cont.] Contracts by Crown Agents. 31 of 1911, s. 51. Omission of title after signature of public officer immaterial. 31 of 1911, s. 52. Rate of interest where no agreement, etc. 17 & 18 Vict. C. 90, s. 2. 5 of 1886, ss.3, 4, 5. Saving. Repeal of English Acts. (17 & 18 Vict. c. 90.) Abolition of outlawry in civil proceedings. 42 & 43 Vict. c. 59, s. 3. 4 of 1901, s. 2. Authority of agent of foreign corporation need not be under seal, unless seal required by law of foreign state. 1 of 1920, ss. 2, 3. Payment of emoluments, etc., when the payee is certified to be incapable. 53 Vict. C. 5, s. 335. 27 of 1935, s. 2.

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