Directory_and_Chronicle_1938 — Page 145

H.B.M. SUBJECTS IN CHINA AND COREA

(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 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-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.

of British subjects pefore Chinese or

oreign. Tribunals.

152.—(1) Where it is proved that the attendance within the parti- Attendance cular jurisdiction of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Court of China or Corea, or before a Chinese or Corean 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 Provincial 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 accord- ingly, 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.

153. When a British subject invokes or submits to the jurisdiction of a Chinese, Corean, or foreign Tribunal, and engages in writing to abide by the decision of that Tribunal, or to pay any fees or expenses ordered by such Tribunal 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, Corean, or foreign authority, as the Court may direct.

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Actions by

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British subjects in Chinese or foreign Court.

proceedings judgment of

in aid of

foreign Court

154.-(1) The Supreme Court may upon the application of any Garnishee British subject or foreigner who has obtained a judgment or order for the recovery or payment of money in a foreign Court in China or Corea against a person subject to the jurisdiction of that Court, and upon a certificate by the proper officer of the foreign Court that such judgment has been recovered or order made (specifying the amount), and that it is still unsatisfied, 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 judgment 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.

(2) The proceedings for the summoning of the garnishee, for the ascertainment of his liability, and for the payment of money ordered by. the Court to be paid, and all matters for giving effect to this Article, may be regulated by Rules of Court.

(3) An order shall not be made under this Article unless the Court is satisfied that the foreign Court is authorized to exercise similar power

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