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In forceUpdated to 1 Jan 2006
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Part VIII · Of Indemnity and Guarantee

100. Liability of co-sureties bound in different sums

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Co-sureties who are bound in different sums are liable to pay equally as far as the limits of their respective obligations permit.

(a)

A, B and C, as sureties for D, enter into three several bonds, each in a different penalty—namely, A in the penalty of RM10,000, B in that of

RM20,000, C in that of RM40,000, conditioned for D’s duly accounting to E.

D makes default to the extent of RM30,000. A, B and C are each liable to pay

RM10,000.

Contracts 61

(b)

A, B and C, as sureties for D enter into three several bonds, each in a different penalty—namely, A in the penalty of RM10,000, B in that of

RM20,000, C in that of RM40,000, conditioned for D’s duly accounting to E.

D makes default to the extent of RM40,000. A is liable to pay RM10,000, and

B and C RM15,000.

(c)

A, B and C, as sureties for D, enter into three several bonds, each in a different penalty—namely, A in the penalty of RM10,000, B in that of

RM20,000, C in that of RM40,000, conditioned for D’s duly accounting to E.

D makes default to the extent of RM70,000. A, B and C have to pay each the full penalty of his bond.

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