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1822 - Edocs

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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.

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