CHANCERY PROCEDURE ORDINANCE
Title
CHANCERY PROCEDURE ORDINANCE
Description
Piiryer to
Court on
fiquity side ,
to award
damages in
certain cages.
Damage$ may
be assessed,
or n,~uestiou
of! act arlK-
in'g in any
snXt may be
tried before
:..':'the Court
itself.
ORDINANCE No. 3 OF 1861.
Chancery Procedzire.
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. ]
WFlEft-EAS it is e'x'pedient to furtber amend the practice and coutse
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 185 ': Be it therefore enacted by His Ei-
cellency the Governor of Hongkon0g, 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 o£ any wrongful act, or for the specific performance of any
covenant, contract, or agreement, it shall be lawful for the sanqCoizrt,
in its Equity Jurisdiction, if it shall think fit, to award damages to the
partyinjured, either in addition to or in substitution for such
injunction
or specific performance, and such damages mss be assessed in such
manner as the Court shall direct.
2. It shall be lawful for the said Court in its Equity Jurisdiction,
i£ it shall think fit, to cause the amount of such darna0-es in any case
to,
be assessed, or any question of fact arising 11 ally suit or proceeding to
be tried by a special or common j ury before the Court itself; and the
said Court in its Equity Jurisdiction relay make all such rules and orders
upon the sheriff or any other person for pr ocurina the attendance o£ a
special or common jury, for such assessment of damanes 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 o£ persons possessing the qualifications, and shall be
struck, summoned; ballotted for; and called in dike 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
ORDINANCE. No. 3 OF 1861.
Chancery Procedur6.
Court in its Common Law side; and evvery 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-
ages which shall be so ordered to be tried by a ,jury before the Court
itself in its Equity Jurisdiction 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
-Jurisdion.
4. It shall also be lawful for the said Court in its Equity Jurisdic-
tion, if it shall think fit, to cause the amount of such damages in ,any
.case to be assessed, or any question o£ fact arising in any suit or
proceed-
ing 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 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,
lj. In any case in which all parties to a suit are competent to make
'admissions, any party may call on any other party by notice to admit
any document, saving all just exceptions; and in case of refusal o'r
neglect to admit, the cost of proving the aocumeut shall be paid by the
.party so neglecting or refusing, whatever the result of the cause may he,
Questions or-,
derod to be
triad by jury
to be reduced
into -rv ruing.
Damages May,
be assessed,
or questions
of fact triad
before the
Court itself
Without a -
jarg:
are aouipetari
to make=a~::
Missions;* au
party rrity-. .:
gall on any.;;
other party
to admit:.do=-
tiiluan
a~: -
No. 4 of 1861.
Salvage Prize.
An Ordinance to repeal Ordinance No. a' of 1857.
[29th June, 1s61.]
Be it enacted and ordained by His Excellency the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows:-
1. The Ordinance No. 5 of 1857l, intituled 'An Ordinance for Salvage and Prize,
in certain case' is hereby repealed.
[Repealed by Ordinance No. 4 of 1887.]
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.
Questions ordered to be tried by jury to be reduced into writing.
Damages may be assessed, or questions of fact tried before the Court itself without a jury.
When parties ae competent to make admissions, any party may call on any other party to admit documents.
492
Rules and orders how and by whom to be made.
Practice until rules and orders made.
Court on
fiquity side ,
to award
damages in
certain cages.
Damage$ may
be assessed,
or n,~uestiou
of! act arlK-
in'g in any
snXt may be
tried before
:..':'the Court
itself.
ORDINANCE No. 3 OF 1861.
Chancery Procedzire.
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. ]
WFlEft-EAS it is e'x'pedient to furtber amend the practice and coutse
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 185 ': Be it therefore enacted by His Ei-
cellency the Governor of Hongkon0g, 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 o£ any wrongful act, or for the specific performance of any
covenant, contract, or agreement, it shall be lawful for the sanqCoizrt,
in its Equity Jurisdiction, if it shall think fit, to award damages to the
partyinjured, either in addition to or in substitution for such
injunction
or specific performance, and such damages mss be assessed in such
manner as the Court shall direct.
2. It shall be lawful for the said Court in its Equity Jurisdiction,
i£ it shall think fit, to cause the amount of such darna0-es in any case
to,
be assessed, or any question of fact arising 11 ally suit or proceeding to
be tried by a special or common j ury before the Court itself; and the
said Court in its Equity Jurisdiction relay make all such rules and orders
upon the sheriff or any other person for pr ocurina the attendance o£ a
special or common jury, for such assessment of damanes 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 o£ persons possessing the qualifications, and shall be
struck, summoned; ballotted for; and called in dike 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
ORDINANCE. No. 3 OF 1861.
Chancery Procedur6.
Court in its Common Law side; and evvery 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-
ages which shall be so ordered to be tried by a ,jury before the Court
itself in its Equity Jurisdiction 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
-Jurisdion.
4. It shall also be lawful for the said Court in its Equity Jurisdic-
tion, if it shall think fit, to cause the amount of such damages in ,any
.case to be assessed, or any question o£ fact arising in any suit or
proceed-
ing 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 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,
lj. In any case in which all parties to a suit are competent to make
'admissions, any party may call on any other party by notice to admit
any document, saving all just exceptions; and in case of refusal o'r
neglect to admit, the cost of proving the aocumeut shall be paid by the
.party so neglecting or refusing, whatever the result of the cause may he,
Questions or-,
derod to be
triad by jury
to be reduced
into -rv ruing.
Damages May,
be assessed,
or questions
of fact triad
before the
Court itself
Without a -
jarg:
are aouipetari
to make=a~::
Missions;* au
party rrity-. .:
gall on any.;;
other party
to admit:.do=-
tiiluan
a~: -
No. 4 of 1861.
Salvage Prize.
An Ordinance to repeal Ordinance No. a' of 1857.
[29th June, 1s61.]
Be it enacted and ordained by His Excellency the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows:-
1. The Ordinance No. 5 of 1857l, intituled 'An Ordinance for Salvage and Prize,
in certain case' is hereby repealed.
[Repealed by Ordinance No. 4 of 1887.]
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.
Questions ordered to be tried by jury to be reduced into writing.
Damages may be assessed, or questions of fact tried before the Court itself without a jury.
When parties ae competent to make admissions, any party may call on any other party to admit documents.
492
Rules and orders how and by whom to be made.
Practice until rules and orders made.
Abstract
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.
Questions ordered to be tried by jury to be reduced into writing.
Damages may be assessed, or questions of fact tried before the Court itself without a jury.
When parties ae competent to make admissions, any party may call on any other party to admit documents.
492
Rules and orders how and by whom to be made.
Practice until rules and orders made.
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.
Questions ordered to be tried by jury to be reduced into writing.
Damages may be assessed, or questions of fact tried before the Court itself without a jury.
When parties ae competent to make admissions, any party may call on any other party to admit documents.
492
Rules and orders how and by whom to be made.
Practice until rules and orders made.
Identifier
https://oelawhk.lib.hku.hk/items/show/162
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 3 of 1861
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHANCERY PROCEDURE ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 24, 2025, https://oelawhk.lib.hku.hk/items/show/162.
