Chancery Amendment Act, 1858

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CHANCERY AMENDMENT ACT 1858

CHAPTER XXVII.

An Act to amend the Course of Procedure in . . . the Court of Chancery in Ireland [¹] . . . [28th June 1858.]

[Preamble.]

Short title.

1. This Act . . . may be cited and referred to as “The Chancery Amendment Act, 1858.”

Power to Court of Chancery to award damages in certain cases.

2. In all cases in which the Court of Chancery 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, 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 be assessed or question of fact arising in any suit may be tried by a jury before the Court itself, &c.

3. It shall be lawful for the Court of Chancery, 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 Court of Chancery 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 any of the Superior Courts of Common Law at Westminster, and may also make any other orders which to the Court of Chancery may seem requisite; and every such jury shall consist of persons possessing the qualifications, and shall be struck, summoned, balloted for, and called in like manner, as if such jury were a jury for the trial of any cause in any of the said Superior Courts; 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 any of the said Superior Courts; 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, . . . the Court of Chancery shall have the same jurisdiction, powers, and authority in all respects as belong to any Superior Court of Common Law, or to any judge thereof, for the like purposes: Provided, that from any order made by the Court on an application made for a new trial there shall be the same right of appeal as from any other order of the Court.

Questions ordered to be tried by jury to be reduced into writing, &c.

4. 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 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 every such trial the Court of Chancery shall have the same powers, jurisdiction, and authority, as belong to any judge of any of the said Superior Courts sitting at Nisi Prius.

Damages may be assessed or questions of fact tried before the Court itself without a jury, &c.

5. It shall also be lawful for the Court of Chancery, 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, before the Court itself without a jury, and to cause the evidence on the trial of that question to be taken by the oral examination of witnesses and other proofs in open court; 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 verdict of the judge shall be of the same effect as the verdict of a jury under this Act; and the proceedings 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 Act: . . .

Damages may be assessed by a jury before any judge of one of the Superior Courts of Common Law at Nisi Prius, &c. or before the sheriff of any county or city.

6. It shall also be lawful for the Court of Chancery, in any case in which it shall think fit so to do, to cause the amount of such damages to be assessed by a jury before any judge of one of the Superior Courts of Common Law at Nisi Prius, or at the assizes or before the sheriff of any county or city, and for that purpose to issue a precept to the sheriff of such county or city as the Court of Chancery shall think fit, or, where the sheriff is interested, then to the coroner, requiring him to return, summon, and impanel a common or special jury for the purpose aforesaid, in like manner as is done in cases of writs of inquiry at common law, which are to be executed before a judge or before the sheriff; and the Court of Chancery shall have power to set aside the verdict or inquisition on such inquiry, and to direct a new inquiry, in such manner and on such terms as the Court shall think fit.

[S. 7 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

This Act to extend to Court of Chancery in Ireland.

8. Sections I., II., III., IV., V., VI., . . . of this Act shall extend to, and all the powers therein contained may be exercised by, the Court of Chancery in Ireland in all suits and proceedings within its jurisdiction; and the Court may, for the purposes of this Act, make such rules and orders upon the sheriff, or any other person, for procuring the attendance of a jury, as may be made by any of the Superior Courts of Common Law at Dublin.

[Ss. 9, 12 rep. 55 & 56 Vict. c. 19. (S.L.R.) Ss. 10, 11 rep. 46 & 47 Vict. c. 49. s. 3.]

[¹Rep. as to E., 46 & 47 Vict. c. 49. s. 3, but see s. 7.]