1924

330
ORDERS IN COUNCIL
Attendance
of British
subjects
Chinese or
foreign
Tribunals.
Actions by
British
subjects in
Chinese or
foreign Court,
Garnishee
proceedings
judgment of
foreign Court.
(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 Opart 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 by paid by one party in one action against any
amount ordered to be paid by tbe other party in the other action, without
prejudice to the right of the Britisli 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 tbe
co-plaintiff ■British subject shall be responsible for all fees and costs.
' 152.—(1) Where it is proved that the attendance within the parti¬
cular jurisdiction of a British subject to. give evidence, or for any other
purpose connected with-the a,daninistration of justice, is required in a
Court of China or Corea, of before a Chinese or Corean judicial officer, or
in a Court or before ia 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'juristdictipn.
(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 subjectfiftvokes of submits to the jurisdiction
of a Chinese, Corean,.or foreign Tribunal, and engages in writing to
abide by tbe 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 tees and expenses in the same manner as if they
were fees payable in a proceeding by such pefson 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.
154. —(1) The Supreme Court may upon the application of any
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 tbe
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, ond all matters for giving effect to this Article, may
be regulated by Buies 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