672
Directions
which may be given where third party appears.
0. 16 r. 53. Schedule: Form No. 14.
Decision of questions of costs. Ib. r. 54.
Case of defendant claiming contribution or indemnity against co-defendant.
Ib. r. 55.
Cause not to abate by reason of marriage, etc., of party 2. if cause of action survives, nor to become defective by conveyance
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901. defendant giving the notice, to be tried in such manner, at or after the trial of the action, as the Court may direct; and, if it is not so satisfied, may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party.
90. The Court, on the hearing of the application mentioned in the last preceding section, may, if it appears desirable to do so, give the third party liberty to defend the action, on such terms as may be just, or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, documents to be delivered, or amendments to be made, and give such directions, as the Court may think proper for having the question most conveniently determined, and as to the mode and extent in or to which the third party shall be bound or made liable by the judgment in the action.
91. The Court may decide all questions of costs as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case may require.
92. Where a defendant claims to be entitled to contribution or indemnity against any other defendant to the action, a notice may be issued and the same procedure shall be adopted, for the determination of such questions between the defendants, as would be issued and taken against such other defendant if such last-mentioned defendant were a third party; but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action.
Change of Parties by Marriage, etc.
93. A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall not become defective by the conveyance, assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but judgment may in such case be entered, notwithstanding the death.
0.17 r. 1. Service of notice on husband, etc., in case of marriage, etc., of party. 16. r. 2.
94. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the Court may, if it is deemed necessary for the complete settlement of all the questions involved, order that the husband, personal representative, trustee, or other successor in interest, if any, of such party be made a party or be served with notice in such manner and form as is herein-