Directory_and_Chronicle_1907 — Page 392

II.B.M. SUBJECTS IN SIAM

319

the said Article, and civil and criminal jurisdiction has been, and is, exercised in Chiengmai subject to the limitations and provisions contained in the said Treaty ;

And whereas in pursuance of powers reserved in the said Treaty, it was agreed between Her said Majesty and His Majesty the King of Siam that the limits within which the jurisdiction of the said Commissioners and Judges under, and for the purposes of, the said Treaty shall be extended to the provinces of Muang Nan, Phre, Muang Thon, Raheng, Sawankaloke, Sukotai, Utaradit, and Pichai;

And whereas such limits of jurisdiction may hereafter be further extendel: It is hereby ordered as follows:—

154.-In this Part the expression "the International Court" means the Court of any Commissioners or Judges exercising jurisdiction in pursuance and under the provi- sions of the said recited Treaty as modified by any subsequent Agreement, whether made before or after the passing of this Order.

The expression "limits of the International Court" means the provinces and parts of provinces to which the jurisdiction of that Court for the time being extends.

155. With respect to any civil or criminal case arising within the limits of the International Court between British subjects or in which British subjects may be parties as complainants, accused, plaintiffs, or defendants, the principal Order shall not operate or have any effect as long as the said Treaty continues iu force, unless and until such case shall have been transferred to the District Court in manner provided by the said Treaty.

156. Where a case is so transferred, the District Court shall give such directions as seem proper for its determination, having regard to the proceedings (if any) in the International Court.

In a criminal case, if the accused is handed over by the International Court in custody, he may be detained in custody as if on the day on which he is handed over he had been arrested under a warrant of the District Court.

157.—Where, in pursuance of the IXth Article of the said Treaty, an appeal is brought to Bangkok from any Siamese Judge or Judges, Commissioner or Commis- sioners, the Minister shall take such steps as may be directed by the Secretary of State, in order that the final decision on appeal may be recorded at Bangkok and duly transmitted to the Court from which the appeal is brought, and in order that effect may be given thereto by such Court.

PART X.-FOREIGN SUBJECTS AND TRIBUNALS.

158.--(1.) Where a Siamese or 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 shall hear and determine it, either by the Court sitting alone, or, if all parties desire, or the Court, having regard to its jurisdiction, thinks fit to direct a trial with a jury or assessors, then with a jury or Assessors, but in all other respects according to the ordinary course of the Court.

(2.) Provided that the Siamese or 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, gives security to the satisfaction of the Court, and to such reasonable amount as the Courts 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.) A cross-action shall not be brought in the Court against a plaintiff, being a Siamese or foreigner.

(4.) Where a Siamese or foreigner obtains in the Court an order against a defendant being a British subject, and in another suit that defendant is plaintiff and the Siamese or 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

Digitized by oog e