Page:United States Statutes at Large Volume 76A.djvu/380

–284– -284§ 74. Death before expiration of limitation period If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives, after the expiration of that time, and within one year after the issuing of letters testamentary or of administration. § 75. Alien enemies in time of war If a person is an alien subject or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of an action. § 76. New action after reversal of judgment If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff is reversed on appeal, the plaintiff, or, if he dies and the cause of action survives, his representatives, may commence a new action within one year after the reversal. § 77. Commencement stayed by injunction or statute When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. § 78. Time of existence of disability A person may not avail himself of a disability unless it existed at the time his right of action accrued. § 79. Two or more disabilities When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed. § 80. Acknowledgment or promise; payment on account (a) An acknowledgment or promise is not sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this chapter, unless it is contained in a writing, signed by the party to be charged thereby. (b) Notwithstanding subsection (a) of this section, a payment on account of principal or interest due on a promissory note made by the party to be charged is a sufficient acknowledgment or promise of a continuing contract to stop, from time to time as the payment is made, the running of the time within which an action may be commenced upon the principal sum or upon an installment of principal or interest due on the note, and to start the running of a new period of time, but such a payment of itself does not revive a cause of action once barred. § 81. Limitation laws of other jurisdictions When a cause of action has arisen in a State of the United States, or in a foreign country, and by the laws thereof an action thereon may not there De maintained against a person by reason of the lapse of time, an action thereon may not be maintained against him m 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.

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