Page:United States Statutes at Large Volume 47 Part 1.djvu/943

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 919 SEC. 81. WHEN TWO OR MORE DISABILITIES EXIST ETC .-When two or Wh en two or more more disabilities coexist at the time the right of action accrues, the disabilities exist, etc. limitation does not attach until they are removed. SEC. 82. ACKNOWLEDGMENT OR NEW PROMISE MUS T BE IN WRITING .- Acknowledgments, No acknowledgment or promise is sufficient evidence of a new or etc" must be in a rt ing. continuing contract, by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby . SEC. 83. LIMITATION LAWS OF STATES OR FOREIGN COUNTRIES, EFFECTS Limitation laws of oF .-When a cause of action has arisen in a State of the United States or foreign coun- tries, effect of. States, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in the Canal Zone, except in favor of one who has been a resident of the Zone, and who has held the cause of action from the time it accrued . SEC . 84. EXISTING CAUSES OF ACTION NOT AFFEVIED.-This chapter ~Eo xinngaffau cau ses of does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or bar- ring a re medy has fully run, but the laws now in force are appl icab le to such actions and cases, and are repealed subject to the provisions of this section. SEC. 85. "ACTION " INCL UDES A SPECIAL PROCEEDING: The word "Acti on" includ es a " action" as used in this chapter' is to be construed, whenever it is special proceeding necessary so to do, as including a special proceeding of a civil nature. CHAPTER 6. PARTIES TO CIVIL ACTIONS PAR TIES TO CIVIL ACTIONS. SEC. 86. CIVIL ACTIONS OR SPECIAL PROCEEDINGS BETWEEN Civil actions or spe- NONRESI- cial proceedings be- j p DENTS.No civil action or special proceeding shall be brought or tween nonresidents . roceeded with in the courts of the Canal Zone, in any case in which both of the parties, plaintiff and defendant, are alien nonresidents of the Canal Zone, and the cause of action is one which arose without the territorial limits of the Canal Zone, and the party proceeded against has no property within said territorial limits, subject to the urisdiction of the Canal Zone courts. Neither shall any civil action or special proceeding be brought or Transients. proceeded with in the courts of the Canal Zone when both parties, plaintiff and defendant, though citizens of the United States, are found transiently within the limits of the Canal Zone, unless the cause of action is one arising within the said territorial limits, or the party proceeded against has property within the said limits, sub- ject to the jurisdiction of the Canal Zone courts. This section shall not be construed to exclude from the 'jurisdic- Persons having busi- tion of the Canal Zone courts cases between parties who have an near sites, etc- officia l or busin ess reside nce within the terri torial lim its of the Canal Zo ne Government, or who reside th ere in for the purpose of any occupation or employment, notwithstanding that they may not have acquired a permanent residence within said territorial limits. SEC. 87. ACTION TO BE IN NAME OF PARTY IN INTEREST :Every action Action in interest. name of in must be prosecuted in the name of the real party in interest. party SEC. 88. AS SIG NM ENT OF THING IN ACTI ON NOT TO PREJUDICE DE- Asgignmentofathlng FENSE.-In the case of an assignment of a thing in act io n, the dice defense .ttoprejun action by the assignee is without prejudice to any set off, or other defense existing at the time of, or before, notice of the assignment but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good considera- tion, before maturity. I