THE SIAM ORDER IN COUNCII, 1886.
331
in Siam to suffer the punishment of death, the Judge pronouncing the sentence shall forthwith send a report of the sentence, with a copy of the Minutes of the proceed- ings, and notes of the evidence in the case and with any observation the Judge thinks fit to make, to the Governor in Council of the Straits Settlements. The sentence shall not be carried into execution without the order of the Governor of the Straits Settlements in Council. In any such case, if the said Governor in Council does not order that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punishment of death is to be inflicted on the person convicted, and the person convicted shall be punished accordingly. Where any offender convicted before a Court in Siam is sentenced to suffer imprisonment in respect of the crime or offence of which he is convicted, and it is expedient that the sentence be carried into effect within Iler Majesty's dominions, the offender may, in accordance with the 5th section of "The Foreign Jurisdiction Act, 1843," be sent for execution of his sentence as follows:-
(a.) In the case of a prisoner who is, or who appears to the person signing the warrant under the said 5th section to be, a native of Burmah or of any other part of British India, and not of European descent, to Her Majesty's possession of Burmah, or some other part of British India. (b.) In the case of any other prisoner, to the Colony of the Straits Settlements. And the person for the time being acting as Her Majesty's Consul-General or Consul in Siam shall have authority for the purposes of the said section.
If any British subject is guilty of publicly deriding, mocking, or insulting any religion established or observed in Siam, or publicly offering any insult to any reli- gious service, feast, or ceremony established or kept in any part of Siam, or to any place for worship, tomb, or sanctuary belonging to any such religion, or to the minis- ters or professors thereof, or of wilfully committing any act tending to bring any such religion or its ceremonies, mode of worship, or observances into hatred, ridicule, or contempt, and thereby to provoke a breach of the public peace, he shall be liable (in the discretion of the Court before which he is convicted), to imprisonment for any term not exceeding three months, with or without hard labour, and with or without a fine not exceeding five hundred dollars, or to a fine exceeding five hundred dollars without imprisonment. Notwithstanding anything in the Siam Orders in Council, every charge against a British subject of having committed any such offence shall be heard and determined in a summary way, and a District Court shall have power to impose the punishment aforesaid.
Where it is shown to any of Her Majesty's Courts that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Siamese Court or before a judicial officer in Siam of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in Sian, and if it seems to the Court just and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer, and for such purpose as aforesaid, but so that a District Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court. Any British subject duly served with such an order, and with reasonable notice of the time and place at which his attendance is required, and having had the reasonable expenses of attendance paid or tendered to him, failing to attend accordingly, and not excusing his failure to the satisfaction of the Court making the order, shall be liable to a fine not exceeding five hundred dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.
Any Court may order any person convicted before it of any crime or offence to pay all or any part of the expenses of or preliminary to his trial, and of his imprison- ment or other punishment. Where it appears to any Court that any charge made before it is malicious or is frivolous and vexatious, the Court may order all or any part of the expenses of the prosecution to be paid by the person making the charge. In either of the two last-mentioned cases the amount ordered to be paid shall be