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Extension of limitation period in case of disability

Cap. 170, s. 28 · Revised Edition 2020

If on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years, or in case of actions to which section 27 of this Act applies, one year from the date when the person ceased to be under a 20 or died, whichever event first occurred, notwithstanding that the period of limitation has expired, Provided that, (a) this section shall not affect any case where the right of action first accrued to some person, not under a disability, through whom the person under a disability claims; (b) when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person; (c) no action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims; (d) this section, so far as it relates to the disability of infancy or unsoundness of mind, shall not apply to any action to which section 27 of this Act applies, unless the plaintiff proves that the person under a disability was not, at the time when the right of action accrued to him, in the custody of a parent; and (e) this section shall not apply to any action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party. 21
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