case sir William Jolliffe versus pit and whistler Aug Lord chancellor if the  creditor be beyond sea the statute of limitation will not take place so it be  by the late statute of Q and if the debtor be beyond sea neither will the  statute take place if there be no executor until administration be take out  merchant account not within the statute otherwise if state if a creditor sue  out a latitat against I S and continue it and I S die the creditor may bring a  bill in equity against the executor of I S and need not go on in the old  action and statute of limitation no bar the plaintiff sir William Jolliffe  lend whistler dollar on a note date Aug to be repay with interest at si per  cent per month until repay whistler then reside at Tripoli in Turkey pay two  year interest but then fail and go to fort saint George in the Indies and  there acquire a considerable estate and in Feb die in the east Indies and make  the defendant Pitt his executor sir William Jolliffe continue in Turkey till  and on April take out a latitat against whistler and the same be continue on  the roll till at which time whistler die in the Indies and make Mr Pitt his  executor who also then reside in the Indies October the defendant Mr Pitt  whistler executor come over to England and prove the will and upon application  make to he by the plaintiff he declare he be Willing to apply the asset to the  payment of his testator debt on may the plaintiff file his bill Pitt the  executor submit to do as the court shall direct but the other creditor who be  make defendant insist the plaintiff be bind by the statute of limitation first  it be agree that the plaintiff be abroad and not return to England till and  then bring his latitat and the same be continue on the roll to the time of the  death of whistler all that time Vernon chancery case be well excuse and also  until whistler will be prove and there be a executor the statute can not run  Vernon chancery case er p upon a man while beyond the sea it be express except  out of the statute when the party who have a right of action be beyond sea nor  can laches be attribute to he for not sue while there be no executor against  he who he can bring his action but it be object that the action which be so  long depend be the action which ought to have be revive and he ought not to  let the action fall and bring a bill in equity but that action ought to have  be carry on and the recovery ought to have be in that action and as to the  defendant the creditor who think fit to insist on the statute of limitation  their demand be entire bar for although they be merchant and the debt contract  in the way of trade yet it appear of their own show their account be long  since state and only open account be save by the statute vide Scudemore v  white ante I vol p and case cite in not there Webber v Tivill saun and not p  there Martin v Delboe vent Mod S c the Lord chancellor incline to be of  opinion that the statute of limitation be not to take place and a dispute  arise whether the plaintiff shall be entitle to Turkish interest at per cent  and for how long whether until such time as the party arrive in England refer  it to a master to state the fact and the quantum of the debt and asset and  reserve the further consideration of the case until the account shall be take  vide anon ante vol p and case cite in not there the time till whistler death  be answer and the executor be beyond sea the statute of the that that of the  late queen cap sec vide Dupleix v de roven ante before the statute take place  which save the right of action as well where the debtor be beyond sea as where  the creditor be beyond sea it be refer to the master to take a account of the  testator estate and also of his debt and of the proceed of the creditor as to  keep up their demand notwithstanding the statute of limitation and to certify  the Vernon chancery case proportion each creditor be to have of the say estate  but as to the plaintiff demand upon the testator note the say master be to  compute Turkish interest for the same accord to the say note Reg lib a fol the  note be as follow I the underwritten Henry whistler do confess to owe unto  William Jolliffe de Aleppo the sum of lion dollar which I receive of he in  money and for the aforesaid sum I do oblige to pay he interest at the rate of  si per cent per month for three month certain and for what time more may pass  till he be reimburse his money witness my hand in Tripoli dSoria that Aug  Henry whistler note at the time of give the note in question the plaintiff be  a merchant at Aleppo and whistler a merchant in Tripoli