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Damages may be assessed or question of fact arising in any suit may be tried by a jury before the Court itself, &c.
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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.
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