1. This Act may be cited as the Limitation of Personal Actions Act.

2. (1) Actions

3. Where, in an action referred to in section 2, judgment is given for the plaintiff, and the judgment is reversed by a court, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment is given against the plaintiff, that he or she take nothing as a result of his or her action, in all those cases the party plaintiff or his or her executors or administrators may start a new action not later than 1 year after the judgment is reversed or the judgment is given against the plaintiff.

4. (1) Where a person who is entitled to bring an action referred to in section 2 is at the time the cause of action arose, less than 19 years of age, mentally disabled or outside the province, then the person may bring the action, after reaching 19 years of age, upon ceasing to be mentally disabled or returning to the province, as a person having no such impediment would, according to this Act, have done.

5. (1) In an action for rent upon an indenture of demise, upon a bond or other specialty, upon a recognizance, and in all actions grounded upon a simple contract, no acknowledgment or promise by words only shall be considered sufficient evidence of a new or continuing contract so as to take a case out of the operation of section 2 unless the acknowledgment or promise is made in writing signed by the party chargeable by it, or his or her agent.

6. (1) Where an acknowledgment is made either in writing signed by the party, or the agent of the party liable by the indenture, specialty or recognizance, or liable in an action grounded upon a simple contract or by part payment or part satisfaction, on account of the principal or interest being due on it, the person entitled to the action may bring his or her action for money remaining unpaid, and so acknowledged to be due, within those periods of time respectively after the acknowledgment by writing, or part payment, or part satisfaction that are prescribed by section 2 for starting the action.

7. An endorsement or memorandum of a payment written or made upon a promissory note, bill of exchange, or a recognizance, bond, specialty, or other writing, by or on behalf of the party to whom the payment is made, is not considered sufficient proof of the payment so as to take the case out of the operation of section 2.

8. This Act shall apply to the case of a debt on a specialty or a simple contract or otherwise, which may now or at any time by law be alleged by way of set-off on the part of a defendant, either by plea, notice or otherwise.

9. An action shall not be maintained to charge a person upon a promise made after full age to pay a debt contracted during infancy, or upon a ratification after full age of a promise or simple contract made during infancy, unless the promise or ratification is made in writing signed by the party to be charged.

10. A special promise made by a person to answer for the debt, default or miscarriage of another person, being in writing and signed by the party to be charged, or some other person by him or her lawfully authorized, shall not be considered invalid to support an action to charge the person by whom the promise was made, by reason only that the consideration for the promise does not appear in writing, or by necessary inference from a written document.

11. (1) A person who is surety for debt or duty of another or is liable with another for a debt, and who pays the debt or performs the duty, is entitled to have assigned to him or her, or to a trustee for him or her, a judgment, specialty, or other security, which is held by the creditor in respect of the debt or duty, whether the judgment, specialty or other security is or is not considered at law to have been satisfied by the payment of the debt or performance of the duty.

12. (1) Actions of account, or for not accounting, and actions for the accounts that concern the trade of merchandise shall be started and sued within 6 years after the cause of the actions arose.

13. Where there are 2 or more co-contractors or co-debtors, whether bound or liable jointly only, or jointly and individually, or executors or administrators of a contractor, a co-contractor or co-debtor, executor or administrator, shall not lose the benefit of this Act, so as to be chargeable in respect or by reason only of payment of a principal, interest, or other money, by any others of the co-contractors or co-debtors, executors or administrators.