CO129-486 - Public Offices - 1924 — Page 159

· Limited Company

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as the Minister may appoint by notice issued under his hand and seal and exhibited in the public office of the Consulate at Shanghai ; provided that this requirement shall not apply to such companies as are exempted from using the word limited" in English.

If any company to which this Article applies fails to comply with any of the requirements of this Article, the company and every officer or agent of the company shall be liable to a fine not exceeding $500, or in the case of a continuing offence, $50 for every day during which the offence continues.

204. Nothing in this Part of this Order shall prejudice or affect the jurisdiction of the Court over British companies other than China Companies and Hong Kong China Companies.

PART VIII.-FOREIGN SUBJECTS AND TRIBUNALS.

205.-(1) Where a foreigner desires to institute or take in the Court an action against a British subject, or a British subject desires to institute or take in the Court an action against a foreigner, the Court shall entertain the same, and the action shall be heard and determined either by the Judge sitting alone or, if all parties consent or the Court so directs, with a jury or assessors, but in all other respects according to the ordinary pro- cedure of the Court.

(2) Provided that the foreigner, if so required by the Court, first obtains and files in the Court the consent in writing of the competent authority on behalf of his own nation to his submitting, and does submit, to the jurisdiction of the Court, and, if required by the Court, give security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses, and abide by and perform such decision as shall be given by the Court or on appeal.

(3) Unless such consent is obtained and filed as aforesaid, a cross-action or counter-claim shall not be brought in the Court against a plaintiff, being a foreigner.

(4) Where a foreigner obtains in the Court an order against a defendant being a British subject, and in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.

(5) Where a plaintiff, being a foreigner, obtains an order in the Court against two or more defendants being British subjects jointly, and in another action one of them is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the appli cation of the British subject, stay the enforcement of the orde: pending that other action, and may set off any amount ordered

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to be paid by one party in one action against any amount ordered to be paid by the other party in the other action, without preju- dice to the right of the British subject to require contribution from his co-defendants under the joint liability.

(6) Where a foreigner is co-plaintiff in a suit with a British subject who is within the particular jurisdiction, it shall not be necessary for the foreigner to give security for costs, unless the Court so directs, but the co-plaintiff British subject shall be responsible for all fees and costs.

206.—(1) Where it is shown, either by the request of the Court or judicial officer concerned or otherwise, that the attendance of a British subject is required in a Chinese Court, or before a Chinese judicial officer, or in a Court of Consuls, or in a Court or before a judicial officer in China of a State in amity with His Majesty, for the purpose of giving evidence, or for any other purpose connected with the administration of justice, the Court may, if it thinks fit, in a case and in circumstances in which the Court would require the attendance of such person before itself, order that he do attend in such Court, or before such judicial officer, and for such purpose as aforesaid,

(2) A Provincial Court cannot so order attendance at any place beyond its particular jurisdiction.

(3) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satis- faction of the Court, he shall (independently of any other liability) be guilty of an offence against this Order.

207. When a British subject invokes or submits to the juris- diction of a Chinese or foreign Court, and engages in writing to abide by the decision of that Court, or to pay any fees or expenses ordered by such Court to be paid by him, the Supreme Court or any Provincial Court may, on such evidence as it thinks fit to require, enforce payment of such fees and expenses in the same manner as if they were fees payable in a proceeding by such person in that Court, and shall pay over or account for the same when levied to the proper Chinese or foreign authority, as the Court may direct.

208.-(1) The Court may, upon the application of any person who has obtained a judgment or order for the recovery or payment of money in a foreign Court in China against a person subject to the jurisdiction of that Court, and upon a certificate by a proper officer of the foreign Court that such judgment has been recovered or order made (specifying the amount), and that it is still unsatis- fied, and that a British subject is alleged to be indebted to such debtor and is within the jurisdiction, order that all debts owing or accruing from such British subject (hereinafter called the garnishee) to such debtor shall be attached to answer the judg- ment or order; and by the same or a subsequent order may order the garnishee to pay his debt or so much as may be sufficient to satisfy the judgment or order of the foreign Court.

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