ENFORCEMENT OF RIGHTS (EXTENSION OF TIME) ORDINANCE

ENFORCEMENT OF RIGHTS (EXTENSION OF TIME) ORDINANCE

CHAPTER 252.

ENFORCEMENT OF RIGHTS
(EXTENSION OF TIME).

To extend the period during which legal proceedings may
be instituted and rights may be exercised.

[16th July, 1948.]

1. This Ordinance may be cited as the Enforcement
of Rights (Extension of Time) Ordinance.

2. In this Ordinance-
'debt' means any form of claim for payment of or obliga-
tion to Pay money;
'disability period' means the period from the 8th day of
December, 1941, to the commencement of this Ordin-
ance ;
'legal proceedings' means any proceedings which might
have been instituted at any time during the disability
period before a competent court, tribunal or arbitrator
and any defence, counterclaim, set-off, rebuttal, reply
or objection which might have been made or relied
upon before any such court, tribunal or arbitrator;
,'period of limitation' means any period (whether prescribed
by any enactment, instrument or otherwise and whether
of definite or indefinite duration) which, by reason of
the lapse thereof and by reason of the rules of law
and principles of equity applicable to the Colony has,
or would but for this Ordinance have, the effect of
extinguishing any title, estate, interest or right or bar-
ring or prohibiting any right or the exercise thereof
or any remedy for the enforcement or exercise of any
right;
'person' includes an association of persons;
'right' means any right, remedy, power, option, privilege
or facility.

3. Save to the extent hereinafter appearing the failure
of a person during the disability period to institute or take
any step in legal proceedings to enforce a debt or to avail
himself, whether by legal proceedings or otherwise, of any
right shall have no effect for the purpose of any period of





limitation or for the purpose of any equitable doctrine of
laches or acquiescence and, save to the extent hereinafter
appearing, the rules of law and principles of equity shall
in such niatters as aforesaid be applied as if no period of
time had elapsed between the 7th day of December, 1941,
and the commencement of this Ordinance.

4. In the case of any debt to which by, article 6 of
the Moratorium Proclamation the moratorium was declared
not to apply, section 3 shall have effect as if the disability
period did not include any period subsequent to the 1st day
of May, 1946, and as if the words 'and the 1st day of
May, 1946 were therein substituted for the words 'and
the coinmenceinent of this Ordinance---.

5. Notwithstanding the above provisions, in any case
in which the court is satisfied that a person was at any
material time after the 31st day of August, 1945, able by
himself or an agent effectively to exercise . any right, not
being a right-
(a)ancillary to or for better securing a right to recover
or enforce any debt to which the Moratorium Pro-
clamation applied; or
(b) a right conferred confirmed declared or amplified
bY the Land Transactions (Enemy Occupation)
Ordinance,
then the court may, in its discretion, take into considera-
tion for the purpose of any equitable doctrine of laches
or acquiescence the failure to exercise such a right, not
being a failure attributable to a reasonable expectation that
provision affecting such a right would be made by sonic
enactment applicable to the Colony.

6. This Ordinance shall bind the Crown.
38 of 1948. Short title. Interpretation. Exclusion of disability period form period of limitation or for purposes of laches or acquiescence. [s. 3 cont.] Disability period to end on 1st May, 1946, in certain cases. Ability to exercise a right effectively may further reduce disability period. (Cap. 256.) Ordinance binding upon Crown.

38 of 1948. Short title. Interpretation. Exclusion of disability period form period of limitation or for purposes of laches or acquiescence. [s. 3 cont.] Disability period to end on 1st May, 1946, in certain cases. Ability to exercise a right effectively may further reduce disability period. (Cap. 256.) Ordinance binding upon Crown.

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