ORDINANCE No. 3 OF 1861 . 491
Chancery Procedure.
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 .
3. Any question of fact, and any question as to the amount of dam Questions or
dered to be
ages which shall be so ordered to be tried by a jury before the Court tried
to be by jury
reduced
itself in its Equity Jurisdiction shall be reduced into writing in such into writing.
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
4. It shall also be lawful for the said Court in its Equity Jurisdic be assessed,
tion , if it shall think fit, to cause the amount of such damages in any or questions
of fact tried
before the
case to be assessed, or any question of fact arising in any suit or proceed Court itself
ing to be tried before the Court itself without a jury, and to cause the without a
jury.
evidence on the trial of that question to be taken by the oral examina
tion 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 Jurisdiction ; 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 pro
ceedings 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.
5. In any case in which all parties to a suit are competent to make Where parties
are competent
admissions, any party may call on any other party by notice to admit to make ad
missions, any
any document, saving all just exceptions ; and in case of refusal or party may
call on any
neglect to admit, the cost of proving the document shall be paid by the other party
to admit do
party so neglecting or refusing, whatever the result of the cause may be, cuments.