Disability on the part of the plaintiff, or absence from Ontario on the part of the defendant, is provided for by R.S.O. 1914, c. 75, ss. 51 and 52, as follows:

51. Where a person entitled to bring any action mentioned in either of the next two preceding sections is at the time the cause of action accrues an infant, idiot, lunatic, or of unsound mind, the period within which such action should be brought shall be reckoned from the date when such person became of full age or of sound mind.

52. If a person against whom any cause of action mentioned in sections 49 and 50 accrues is at such time out of Ontario, the person entitled to the cause of action may bring the action within such times as are before limited after the return of the absent person to Ontario.

(i) See Friend v. Young, [1897] 2 Ch. 421, 16 R.C. 193.

(j) Biggs v. Freehold Loan and Savings Co., 1899, 26 O.A.R. 232, reversed on another point, 1901, 31 Can. S.C.R. 136; In re Alison, Johnson v. Mounsey, 1879, 11 Ch.D. 284; In re Bell, Lake v. Bell, 1886, 34 Ch.D. 462; Thorne v. Heard, [1895] A.C. 495. As to the application of the Limitations Act to an "express trust," see also Sec. 264, infra.

(k) Locking v. Parker, 1872, L.R. 8 Ch. 30; Banner v. Berridge, 1881, 18 Ch.D. 254.

These two sections are derived from the English statutes 21 Jac. 1, c. 16, s. 7, and 4 & 5 Anne, c. 3, (or c. 16 in Ruff-head's edition), s. 19, respectively. See R.S.O. 1897, c. 324, ss. 39 and 40. Under the statute of James time was extended also in the case of the plaintiff being a feme covert, imprisoned or beyond the seas.

The case of one joint debtor or contractor being out of Ontario, is provided for by R.S.O. 1914, c. 75, s. 53, as follows:

53- (1) Where a person has any such cause of action against joint debtors or joint contractors he shall not be entitled to any time within which to commence such action against any one of them who was within Ontario at the time the cause of action accrued, by reason only that some other of them was, at the time the cause of action accrued, out of Ontario.

(2) The person having such cause of action shall not be barred from commencing an action against a joint debtor or joint contractor who was out of Ontario at the time the cause of action accrued, after his return to Ontario, by reason only that judgment has been already recovered against a joint debtor or joint contractor who was at such time within Ontario.