[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/hoccta1847355.txt

[New search] [Help]

HOUSE OF COMMONS COSTS TAXATION ACT 1847

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - LONG TITLE

An Act for the more effectual Taxation of Costs on Private Bills
in the House of Commons.{1}
[22nd July 1847]
Preamble rep. by SLR 1891

S.1 rep. by SLR 1872

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 2
Parliamentary agent or solicitor, not to sue for costs in relation
to any private bill in the House of Commons until one month after
delivery of his bill.

2. No parliamentary agent or solicitor, nor any executor,
administrator, or assignee of any parliamentary agent or solicitor,
shall commence or maintain any action or suit for the recovery of
any costs, charges, or expences in respect of any proceedings in
the House of Commons in any future session of Parliament relating
to any petition for a private bill, or private bill, or in respect
of complying with the standing orders of the said House relative
thereto, or in preparing, bringing in, and carrying the same
through, or opposing the same in, the House of Commons, until the
expiration of one month after such parliamentary agent or solicitor,
or executor, administrator, or assignee of such parliamentary agent
or solicitor, has delivered unto the party to be charged therewith,
or sent by post to or left for him at his counting-house, office
of business, dwelling house, or last known place of abode, a bill
of such costs, charges, and expences, and which bill shall either
be subscribed with the proper hand of such parliamentary agent or
solicitor, or in the case of a partnership by any of the partners,
either with his own name or with the name of such partnership, or
of the executor, administrator, or assignee of such parliamentary
agent or solicitor, or be enclosed in or accompanied by a letter
subscribed in like manner referring to such bill: Provided always,
that it shall not in any case be necessary, in the first instance,
for such parliamentary agent or solicitor, or the executor,
administrator, or assignee of such parliamentary agent or solicitor,
in proving a compliance with this Act, to prove the contents of
the bill delivered, sent, or left by him, but it shall be
sufficient to prove that a bill of costs, charges, and expences,
subscribed in manner aforesaid, or inclosed in or accompanied by
such letter as aforesaid, was delivered, sent, or left, in manner
aforesaid; but nevertheless it shall be competent for the other
party to show that the bill so delivered, sent, or left was not
such a bill as constituted a bona8 fide compliance with this Act:
Provided also, that it shall be lawful for any judge of the
superior courts of law or equity in ... Ireland ..., to authorize
a parliamentary agent or solicitor to commence an action or suit
for the recovery of his costs, charges, and expences against the
party chargeable therewith, although one month has not expired from
the delivery of a bill as aforesaid, on proof to the satisfaction
of the said judge that there is probable cause for believing that
such party is about to quit that part of the United Kingdom in
which such judge hath jurisdiction.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 3
Taxing officer to be appointed by the Speaker.

3. The Speaker of the House of Commons shall appoint a fit person
to be the taxing officer of the House of Commons, and every person
so appointed shall hold his office during the pleasure of the
Speaker, and shall execute the duties of his office conformably to
such directions as he may from time to time receive from the
Speaker.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 4
The Speaker to prepare list of charges henceforth to be allowed.

4. The Speaker may from time to time prepare a list of such
charges as it shall appear to him that, after the present session
of Parliament, parliamentary agents, solicitors, and others may justly
make with reference to the several matters comprised in such list;
and the several charges therein specified shall be the utmost
charges thenceforth to be allowed upon the taxation of any such
bill of costs, charges, and expences in respect of the several
matters therein specified: Provided always, that the said taxing
officer may allow all fair and reasonable costs, charges, and
expences in respect of any matters not included in such list.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 5
Taxing officer may examine parties and witnesses on oath, &c.

5. For the purpose of any such taxation the said taxing officer
may examine upon oath any party to such taxation, and any witnesses
who may be examined in relation thereto, and may receive affidavits,
sworn before him or before any master or master extraordinary of
the High Court of Chancery, relative to such costs, charges, or
expences; ....

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 6
Taxing officer may call for books and papers.

6. The said taxing officer shall be empowered to call for the
production of any books or writings in the hands of any party to
such taxation relating to the matters of such taxation: Provided
always, that nothing herein contained shall be construed to authorize
such taxing officer to determine the amount of fees which may have
been payable to the House of Commons in respect of the proceedings
upon any private bill.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 7
Fees to be taken by taxing officer.

7. It shall be lawful for the said taxing officer to demand and
receive for any such taxation such fees as the House of Commons
may from time to time by any standing order authorize and direct,
and to charge the said fees, and also to award costs of such
taxation, against either party to such taxation, or in such
proportion against each party as he may think fit, and he shall
pay and apply the fees so received by him in such manner as shall
be directed by any such standing order as aforesaid.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 8
On application, taxing officer to tax the bill.

8. If any person upon whom any demand shall be made by any
parliamentary agent or solicitor, or executor, administrator, or
assignee of such parliamentary agent or solicitor, or other person,
for any costs, charges, or expences in respect of any proceedings
in the House of Commons in any future session of Parliament
relating to any petition for a private bill, or private bill, or
in respect of complying with the standing orders of the said House
relative thereto, or in preparing, bringing in, or carrying the same
through, or in opposing the same in, the House of Commons, or if
any parliamentary agent or solicitor, or the executor, administrator,
or assignee of such parliamentary agent or solicitor, or other
person, who shall be aggrieved by the nonpayment of any costs,
charges, and expences incurred or charged by him in respect of any
such proceedings as aforesaid, shall make application to the said
taxing officer at his office for the taxation of such costs,
charges, and expences, the said taxing officer, on receiving a true
copy of the bill of such costs, charges, and expences which shall
have been duly delivered as aforesaid to the party charged
therewith, shall in due course proceed to tax and settle the same;
and upon every such taxation, if either the parliamentary agent or
solicitor, or the executor, administrator, or assignee of such
parliamentary agent, or solicitor, or other person, by whom such
demand shall be made as aforesaid, or the party charged with such
bill of costs , charges, and expences, having due notice, shall
refuse or neglect to attend such taxation, the said taxing officer
may proceed to tax and settle such bill and demand ex parte; and
if pending such taxation any action or other proceeding shall be
commenced for the recovery of such bill of costs, charges, and
expences, the court or judge before whom the same shall be brought
shall stay all proceedings thereon until the amount of such bill
shall have been duly certified by the Speaker as herein-after
provided: Provided always, that no such application shall be
entertained by the said taxing officer if made by the party charged
with such bill after a verdict shall have been obtained or a writ
of inquiry executed in any action for the recovery of the demand
of any such parliamentary agent or solicitor, or the executor,
administrator, or assignee of such parliamentary agent or solicitor,
or other person, or after the expiration of six months after such
bill shall have been delivered, sent, or left as aforesaid: Provided
also, that if any such application shall be made after the
expiration of six months as aforesaid, it shall be lawful for the
Speaker, if he shall so think fit, on receiving a report of
special circumstances from the said taxing officer, to direct such
bill to be taxed.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 9
Taxing officer's report, and certificate of the Speaker.

9. The said taxing officer shall, if required by either party
report his taxation to the Speaker, and in such report shall state
the amount fairly chargeable in respect of such costs, charges, and
expences, together with the amount of costs and fees payable in
respect of such taxation as aforesaid; and within twenty-one clear
days after any such report shall have been made either party may
deposit in the office of the said taxing officer a memorial,
addressed to the Speaker, complaining of such report or any part
thereof, and the Speaker may, if he shall so think fit, refer the
same, together with such report, to the said taxing officer, and
may require a further report in relation thereto, and on receiving
such further report may direct the said taxing officer, if
necessary, to amend his report; and if no such memorial be
deposited as aforesaid, or so soon as the matters complained of in
any such memorial shall have been finally disposed of, the Speaker
shall, upon application made to him, deliver to the party concerned
therein, and requiring the same, a certificate of the amount so
ascertained, which certificate shall be binding and conclusive on the
parties as to the matters comprised in such taxation, and as to
the amount of such costs, charges, and expences, and of the costs
and fees payable in respect of such taxation, in all proceedings at
law or in equity or otherwise; and in any action or other
proceeding brought for the recovery of the amount so certified such
certificate shall have the effect of a warrant of attorney to
confess judgment; and the court in which such action shall be
commenced, or any judge thereof, shall, on production of such
certificate, order judgment to be entered up for the sum specified
in such certificate, in like manner as if the defendant in any
such action had signed a warrant to confess judgment in such action
to that amount: Provided always, that if such defendant shall have
pleaded that he is not liable to the payment of such costs,
charges, and expences, such certificate shall be conclusive only as
to the amount thereof which shall be payable by such defendant in
case the plaintiff shall in such action recover the same.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 10
Construction of certain words in this Act.

10. In the construction of this Act the word "month" shall be
taken to mean a calendar month; and every word importing the
singular number only shall extend and be applied to several persons,
matters, or things, as well as one person, matter, or thing; and
every word importing the plural number shall extend and be applied
to one person, matter, or thing, as well as several persons,
matters, or things; and every word importing the masculine gender
only shall extend and be applied to a female as well as a male;
and the word "person" shall extend to any body politic, corporate,
or collegiate, municipal, civil, or ecclesiastical, aggregate or sole,
as well as an individual; and the word "oath" shall include
affirmation in the case of Quakers, and any declaration lawfully
substituted for an oath in the case of any other person allowed by
law to make a declaration instead of taking an oath; unless in any
of the cases aforesaid it be otherwise specially provided, or there
be something in the subject or context repugnant to such
construction.

HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 11
Short title.

11. In citing this Act in other Acts of Parliament, and in legal
and other instruments, it shall be sufficient to use the expression
"The House of Commons Costs Taxation Act, 1847."

S.12 rep. by SLR 1875