490
Preamble.
Power to Court on Equity side to award damages in certain cases.
Damages may be assessed, or question of fact arising in any suit may be tried before the Court itself.
ORDINANCE No. 3 OF 1861.
Chancery Procedure.
No. 3 of 1861.
An Ordinance to amend the Course of Procedure in the Supreme Court of Hongkong in its Equity Jurisdiction, and to enable it to award Damages in certain Cases.
[25th June, 1861.]
WHEREAS it is expedient to further amend the practice and course of proceeding in the Supreme Court of Hongkong in its Equity Jurisdiction, and in part to adopt with alterations the provisions of "The Chancery Amendment Act 1858": Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. In all cases in which the said Court on its Equity side has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract, or agreement, it shall be lawful for the same Court, in its Equity Jurisdiction, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
2. It shall 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 question of fact arising in any suit or proceeding to be tried by a special or common jury before the Court itself; and the said Court in its Equity Jurisdiction may make all such rules and orders upon the sheriff or any other person for procuring the attendance of a special or common jury, for such assessment of damages or the trial of such question 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
490
Preamble.
Power to Court on Equity side to award damages in certain cases.
Damages may be assessed, or question of fact aris- ing in any
suit may be tried before
the Court itself.
ORDINANCE No. 3 OF 1861.
Chancery Procedure.
No. 3 of 1861.
An Ordinance to amend the Course of Procedure in the Supreme Court of Hongkong in its Equity Jurisdiction, and to enable it to award Damages in certain Cases.
W
[25th June, 1861.] HEREAS it is expedient to further amend the practice and course of proceeding in the Supreme Court of Hongkong in its Equity Jurisdiction, and in part to adopt with alterations the provisions of "The Chancery Amendment Act 1858": Be it therefore enacted by His Ex- cellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. In all cases in which the said Court on its Equity side has juris- diction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or con- tinuance of any wrongful act, or for the specific performance of any covenant, contract, or agreement, it shall be lawful for the same Court, in its Equity Jurisdiction, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
2. It shall 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 question of fact arising in any suit or proceeding to be tried by a special or common jury before the Court itself; and the said Court in its Equity Jurisdiction may make all such rules and orders upon the sheriff or any other person for procuring the attendance of a special or common jury, for such assessment of damages or the trial of such question 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 Com- mon 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
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