40—Absence from State of a joint debtor
When any such cause of action as is referred to in section 35 or 36 has
accrued against two or more joint debtors the party entitled to the action
shall not be entitled to any additional time within which to commence any
action against any such joint debtor who was within the State at the time when
the cause of action accrued by reason only that any such joint debtor was at
that time absent from the State: and the party so entitled shall not be barred
from commencing and prosecuting an action against any joint debtor after his
return to the State by reason only that judgment has already been recovered
against any joint debtor who was within the State when the cause of action
arose.