Directory_and_Chronicle_1907 — Page 385

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ORDER IN COUNCIL

81.-(1.) Notwithstanding anything in this Order, the Court (for reasons recorded in the Minutes) may at any time do any of the following things as the Court thinks just:-

(i.) Defer or adjourn the hearing or determination of any action, proceeding,

or application;

(ii.) Order or allow any amendment of any pleading or other document; (iii.) Appoint or allow a time for, or enlarge or abridge the time appointed or allowed for, or allow further time for, the doing of any act or the taking of any proceeding.

(2.) Any order within the discretion of the Court may be made on such terms respecting time, costs, and other matters as the Court thinks fit.

82.—(1.) Subject to the provisions of this Order, every action in the Court for Siam which involves the amount or value of £200 or upwards shall, on the demand of either party in writing, filed in the Court seven days before the day appointed for the hearing, be heard with a jury.

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[Other provisions are identical with Sections 92 to 95 in the China and Corea Order in Council, the "Court of Siam" being substituted for Supreme Court," and "District Court" for "Provincial Court."]

Arbitration.

86-88. Same as Sections 96-98 in the Order in Council for China and Corea, excepting that in this (the Siam) Order the Registrar is not specifically suggested as a referee.

Bankruptcy.

89.-(1.) Each Court shall, as far as circumstances admit, have, for and within its own district, with respect to the following classes of persons being either resident in Siam or carrying on business there, namely, resident British subjects and their debtors and creditors, being British subjects, or foreigners submitting to the jurisdic- tion of the Court, all such jurisdiction in bankruptcy as for the time being belongs to the High Court and the County Courts in England.

(2.) Proceedings in bankruptcy shall be originated by a summons to the party to be made bankrupt to show cause why he should not be adjudicated bankrupt, or by a summons issued by a debtor himself to his creditor, or any of his creditors, to show cause why he (the debtor) should not be adjudicated bankrupt.

(3.) On or at any time after the issue of such a summons, the Court for Siam may stay any proceedings pending in any Court in any action, execution, or other legal process against the debtor in respect of any debt provable in bankruptcy, or it may allow such proceedings, whether pending at the commencement of the bankruptcy or begun during the continuance of the bankruptcy, to proceed on such terms as the Court thinks fit.

(4.) The Court may, on or at any time after the issue of such a summons, appoint a receiver or manager of the property or business of the debtor, or of any part thereof, and may direct immediate possession to be taken by an officer of the Court, or under the control of the Court, of that property or business, or of any part thereof.

Admiralty.

90.-(1.) The Court for Siam shall have Admiralty jurisdiction for and within the limits of this Order, and over vessels and persons coming within the same.

(2.) The following enactments of the Colonial Courts of Admiralty Act, 1890- that is to say, Section 2, Sub-sections 2 to 4; Sections 5 and 6; Section 16, Sub- Section 3-shall apply to the Court for Siam as if that Court were a Colonial Court of Admiralty, and as if Siam were a British possession; and for the purpose of this application the expressions “judgment" and "appeal" shall in the enactments so applied have the same respective meanings as are assigned thereto in Section 15 of the said Act.

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