Directory_and_Chronicle_1907 — Page 393

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ORDER IN COUNCIL

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 Siamese or foreigner, obtains an order of the Court against two or more defendants being British subjects jointly, and in another action one of them 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 action, and may set off any amount ordered 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 prejudice to the right of the British subject to require contribution from his co-defendant under the joint liability.

(6.) Where a Siamese or 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.

159.-(1.) Where it is proved that the attendance within the particular jurisdic- tion of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Court of Siam, or before a Siamese judicial officer, or in a Court or before a judicial officer of a State in amity with His Majesty, the Court may, if it thinks fit, in a case and in circumstances in which the Court would require his attendance before the Court, order that he do attend in such Court, or before such judicial officer, and for such purpose as aforesaid.

(2.) A District Court, however, 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 satisfaction of the Court, he shall (independently of any other liability) be guilty of an offence against this Order.

160. When a British subject invokes or submits to the jurisdiction of a Siamese or foreign Tribunal, and engages in writing to abide by the decision of such Tribunal, or to pay any fees or expenses ordered by such Tribunal to be paid by him, the Court for Siam or any District Court may, on such evidence as it thinks fits 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 and account for the same when levied to the proper Siamese or foreign authority, as the Court may direct.

PART XI.-MISCELLANEOUS.

161.-Where, by virtue of any Imperial Act, or of this Order, or otherwise, any provision of any Imperial Acts, or of any Law or of any Orders in Council other than this Order, are applicable in Siam, or any Form, Regulation, or procedure prescribed or established by or under any such Act or Law or Order, are made applicable for any purpose of this Order, such Act, Law, Order, Form, Regulation, or procedure shall be deemed applicable so far only as the constitution and jurisdiction of the Courts and the local circumstances permit; and, for the purpose of facilitating application, may be construed or used with such alterations and adaptations as may be necessary, and anything required to be done by, to, or before any Court, Judge, officer, or authority may be done by, to, or before a Court, Judge, officer, or authority having the like or analogous functions, or by, to, or before any officer designated by the Secretary of State or by the Court (as the case may require) for that purpose; and the seal of the Court may be substituted for any other seal; and in case any difficulty occurs in the application, it shall be lawful for the Secretary of State to direct by, to, or before whom and in what manner anything is to be done, and such Act, Law, Order, Form, Regulation, or procedure shall be constructed accordingly.

162.-Same as 160 in the Order for China and Corea. 163.-Same as 161 in the Order for China and Corea.

164.-Section 48 of the Conveyancing and Law of Property Act, 1881 (which relates to the deposit of instruments creating powers of attorney in the Central Office

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