THE HONGKONG GOVERNMENT GAZETTE, 29TH JUNE, 1861.
tion of Fact, as may be made by the said Court in its Common Law Jurisdiction, and may also make any other Orders which to the said Court in its Equity Jurisdiction may seem requisite; and every such Jury shall consist of Persons possessing the Qualifications, and shall be struck, summoned, ballotted for, and called in like Manner as if such Jury were a Jury for the Trial of any Cause in the said Court on its Common Law side; and every Juryman so summoned shall be entitled to the same Rights and subject to the same Duties and Liabilities as if he had been duly summoned for the Trial of any such Cause in the said Supreme Court in its Common Law side; and every Party to 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 in its Equity Jurisdiction shall have the same Jurisdiction, Powers, and Authority in all respects as belong to the said Court in its Common Law Jurisdiction.
195
Questions ordered
be reduced into Writ-
III. Any Question of Fact, and any Question as to the Amount of Damages which shall be so ordered to be tried by a Jury before the Court itself in its Equity Juris- to be tried by Jury to diction shall be reduced into Writing in such Form as the Court shall direct, and at the lug.. 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
IV. It shall also be lawful for the said Court in its Equity Jurisdiction, if it shall think fit, to cause the Amount of such Damages in any Case to be assessed, or any Ques- assessed, or Questions tion of Fact arising in any Suit or Proceeding to be tried before the Court itself without Court itself without a 9 Jury, and to cause the Evidence on the Trial of that Question to be taken by the oral Jury. 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 and same effect as the Verdict of a Jury under this Ordinance; and the Proceedings upon 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.
Admissions, any Party
ments.
V. In Case in which all Parties to a Suit are competent to make Admissions, any Where Parties are
any Party may
call on any
other Party by Notice to admit any Document, saving all just competent to make Exceptions; and in case of Refusal or Neglect to admit, the Cost of proving the Document may call on any other shall be paid by the Party so neglecting or refusing, whatever the Result of the Cause Party to admit Docu- may be, unless the Court shall certify that the Refusal to adinit 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
VI. The Chief Justice of the said Colony may, from time to time, make General Rules and Orders for carrying the Purposes of this Ordinance into effect, and for regulating how and by whom to the Times and Form and Mode of Procedure, and generally the Practice of the said Court he made. 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 Rules and Orders shall take effect as General Orders of the said Court.
and Orders made.
VII. Until General Rules and Orders shall be made in pursuance of the Powers Practice until Rules contained in this Ordinance, the Times and Forms and 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.
Passed the Legislative Council of Hongkong, this 25th Day of June, 1861.
L. D'ALMADA » CASTRO,
Clerk of Councils.