the-ordinances-of-the-legislative-counci-1890 — Page 526

490 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. ]
Preamble. HEREAS it is expedient to further amend the practice and course
W 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 :

Power to
Court on 1. In all cases in which the said Court on its Equity side has juris
Equity side diction to entertain an application for an injunction against a breach of
to award
damages in any covenant, contract, or agreement , or against the commission or con
certain cases .
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.

Damages may 2. It shall be lawful for the said Court in its Equity Jurisdiction,
be assessed,
or question if it shall think fit, to cause the amount of such damages in any case to
of fact aris
ing in any be assessed, or any question of fact arising in any suit or proceeding to
suit may be
tried before be tried by a special or common jury before the Court itself ; and the
the Court
itself. 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