1298
No. 3 of 1901.
R.S.C., 1883. App. B, Part II, No. 1...
To E.F., of
CODE OF CIVIL PROCEDURE.
FORM No. 12. Third-party notice.
[s. 85.]
Action No. of 19
IN THE SUPREME COURT Of Hongkong, ORIGINAL JURISDICTION.
Between A.B., Plaintiff, and C.D., Defendant.
Notice filed , 19
To
Let
Take notice that this action has been brought by the plaintiff against the defendant (as surety for M.N., upon a bond conditioned for payment of $2,000 and interest to the plaintiff.
The defendant claims to be entitled to contribution from you to the extent of one-half of any sum which the plaintiff may recover against him, on the ground that you are [his co-surety under the said bond; or, also surety for the said M.N., in respect of the said matter, under another bond made by you in favour of the said plaintiff, dated the day of 19 ].
Or [as acceptor of a bill of exchange for $5,000, dated the day of 19 drawn by you upon and accepted by the defendant, and payable three months after date.
The defendant claims to be indemnified by you against liability under the said bill, on the ground that it was accepted for your accommodation].
Or [to recover damages for a breach of a contract for the sale and delivery to the plaintiff of 1,000 tons of coal.
The defendant claims to be indemnified by you against liability in respect of the said contract, or any breach thereof, on the ground that it was made by him on your behalf and as your agent].
And take notice that, if you wish to dispute the plaintiff's claim in this action as against the defendant C.D. or your liability to the defendant C.D., you must cause an appearance to be entered for you within eight days after the service of this notice on you, inclusive of the day of such service.
In default of your so appearing, you will be deemed to admit the validity of any judgment obtained by the plaintiff against the defendant C.D., and your own liability to contribute or indemnify to the extent herein claimed, which may be summarily enforced against you pursuant to Chapter II of the Code of Civil Procedure.
Dated the day of 19
(Signed.) C.D., of [or G.H., Solicitor for the defendant C.D.]
NOTE. Appearance is to be entered at the Registry of the Supreme Court. in Victoria, Hongkong.
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