184
THE HONGKONG GOVERNMENT GAZETTE, 22ND JUNE, 1861.
Questions ordered
be reduced into Writ- ing.
any such Proceeding shall be entitled to the same Rights as to Challenge and otherwise as if he were a party to any such Cause; and generally for all Purposes of or auxiliary to the Assessment of Damages or the Trial of Questions of Fact by a Jury before the Court itself, and in respect of new Trials, the said Court on its Equity Jurisdiction shall have the same Jurisdiction, Powers, and Authority in all respects as belong to the said Court in its Cominon Law Jurisdiction.
III. Any Question of Fact, and any Question as to the Amount of Damages which to be tried by Jury to shall be so ordered to be tried by a Jury before the Court itself in its Equity Juris- diction shall be reduced into Writing in such Form as the Court shall direct, and at the Trial the Jury shall be sworn to try the said Question, and a true Verdict to give thereon according to the Evidence; and upon, and for the purposes of, every such Trial the Court in its Equity Jurisdiction shall have the same Powers, Jurisdiction, and Authority as belong to the said Supreme Court in its Common Law Jurisdiction.
Damages may be
of Fact tried before the
Jury.
IV. It shall also be lawful for the said Court in its Equity Jurisdiction, if it shalf assessed, or Questions think fit, to cause the Amount of such Damages in any Case to be assessed, or any Ques- Court itself without a tion of Fact arising in any Suit or Proceeding to be tried before the Court itself without a Jury, and to cause the Evidence on the Trial of that Question to be taken by the oral Examination of Witnesses and other Proofs in open Court, and by such other Evidence as is now admissible in Proceedings before the said Supreme Court in its Equity Juris- diction; and any Question of Fact, and any Question as to the Amount of Damages, which shall be so ordered to be tried before the Court itself, shall be reduced into Writing in such Form as the Court shall direct; and the Decision of the Judge shall be of the same effect as the Verdict of a Jury under this Ordinance; and the Proceedings upon and after such Trial, as to the Power of the Court, the Evidence, and otherwise, shall be the same as in the Case of Trial by Jury under this Ordinance.
Where Parties are
Admissions, any Party
ments.
V. In any Case in which all Parties to a Suit are competent to make Admissions, any competent to make Party may call on any other Party by Notice to admit any Document, saving all just may call on any other Exceptions; and in case of Refusal or Neglect to admit, the Cost of proving the Document Party to admit Docu- shall be paid by the Party so neglecting or refusing, whatever the Result of the Cause may be, unless the Court shall certify that the Refusal to admit was reasonable; and no Costs of proving any Document shall be allowed unless such Notice be given, except in Cases where the Omission to give the Notice is, in the Opinion of the Taxing Master, a saving of Expense.
Rules and Orders
be made,
VI. The Chief Justice of the said Colony may, from time to time, make General Rules how and by whom to and Orders for carrying the Purposes of this Ordinance into effect, and for regulating the Times and Form and Mode of Procedure, and generally the Practice of the said Court in respect of the Matters to which this Ordinance relates, and for regulating the Fees and Allowances to all Officers of the said Court and Practitioners therein in respect to such Matters, and so far as may be found expedient for altering the Course of Proceed- ing hereinbefore prescribed in respect to the Matters to which this Ordinance relates, or any of them, and such Rules and Orders may from time to time be rescinded or altered by the like Authority, and all such Rales and Orders shall take effect as Ceneral Orders of the said Court.
Practice until Rules and Orders made.
No. 70.
VII. Until General Rules and Orders shall be made in pursuance of the Powers contained in this Ordinance, the Times and Forms an 1 Mode of Procedure, and generally. the Practice of the said Court in its Equity Jurisdiction in respect of the Matters to which this Ordinance relates, and the Fees and Allowances in respect to such Matters, shall be regulated and determined by and according to the Practice now in force in the said Supreme Court in its Common Law Jurisdiction or in its Equity Jurisdiction, as the case may be, or as near thereto as the Circumstances of the Case will admit, and in case of Ques- tion in any particular Suit or Cause, then by the Decision of the said Supreme Court.
GOVERNMENT NOTIFICATION.
With reference to Government Notifications No. 39 of 19th April last, and No. 61 of 6th Instant, it is hereby announced that the following Gentlemen have been appointed to act as a Committee to arrange the representation of the Colony in the International Exhibition to be held in London during 1862.
The Honorable W. T. MERCER, Esquire, Chairman.
>
J. J. MACKENZIE, Esquire.
J. D. GIBB, Esquire.
W. WALKINSHAW, Esquire. DR. KANE.
By Order,
Colonial Secretary's Office, Victoria, Hongkong, 17th June, 1861.
2
W. T. MERCER,
Colonial Secretary.