1822 - Edocs
1822 - Edocs
1822 - Edocs
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Except.<br />
Dates in accounts<br />
to be specinc.<br />
Wilfully post dat-<br />
ing-.<br />
Computation of li<br />
nutation.<br />
(t after judgment<br />
tor plt'ft'—reversal.<br />
Persons under le-<br />
qral disabilities.<br />
82<br />
next after the cause of such action or suit, or the delive-<br />
ry oi such goods, wares and merchandize, and not after<br />
except, that, in the case of the death of the creditors or<br />
debtors, before the expiration of the said term of one<br />
year, the further time of one year from the death of such<br />
creditor or debtor, shall be allowed for the commencement<br />
of any such action or suit.<br />
6. Be it further enacted, That, to prevent imposition or<br />
deception herein, the respective time or date of the delivery<br />
of the several articles, charged in any such account,<br />
or any receipt taken for the delivery of them, shall be par-<br />
ticularly specified. And if any merchant or trader shall<br />
willfully postdate any aiticle or articles in such account,<br />
or the receipt taken for the delivery of them, he shall for-<br />
feit and pay tenfold the amount of the article or articles,<br />
so post dated, to be recovered, with costs, by warrant,<br />
w r here the penalty does not exceed twenty dollars, and by<br />
action of debt in any court of record where the penalty<br />
shall exceed that sum.<br />
7. Be itfurther enacted, That, to prevent any doubt in<br />
the construction hereof, it is heieby declared, that the beforementioned<br />
limitation of one year, shall take place and<br />
be computed from the respective dates or times of delivery<br />
of the several articles entered or charged in any such<br />
account ; and that all such articles as shall have been of<br />
more than one years standing-, when the action or suit was<br />
commenced, shall be disallowed and rejected, and verdict<br />
shall be given, or judgment rendered, for no more than<br />
the amount of such articles, as appear to have been actually<br />
charged or delivered within one year next before the<br />
commencement of the suit as aforesaid.<br />
8. Be it further enacted, Provided, nevertheless, That,<br />
if, in any of the said actions or suits, judgment be given<br />
for the plaintiff, and the same be afterwards reversed by<br />
error, or a verdict pass for the plaintiff, and, upon matter<br />
alledged in arrest of judgment, the judgment* be given against<br />
the plaintiff, that he take nothing by his plaint,<br />
writ or bill, in all such cases, the party plaintiff, his heirs,<br />
executors or administrators, (as the case shall require)<br />
may commence a new action or suit, from time to time,<br />
within one year next after such judgment reversed, or<br />
such judgment given against the plaintiff, and not after.<br />
9. Be it further enacted, That, if any person or persons<br />
that is or shall be entitled to any such actions of trespass,<br />
detinue, action sur trover, replevin, actions of account,<br />
actions of deot, actions of trespass for assault, menace,<br />
battery, wounding or imprisonment, be, or shall be at the<br />
time of any such cause of action given or accrued, fallen,<br />
or come, within the age of twenty one years, feme covert.