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HOUSE OF LORDS COSTS TAXATION ACT 1849

HOUSE OF LORDS COSTS TAXATION ACT 1849 - LONG TITLE

An Act for the more effectual Taxation of Costs on Private Bills
in the House of Lords, and to facilitate the Taxation of other
Costs on Private Bills in certain Cases.{1}
[28th July 1849]
Preamble rep. by SLR 1891

S.1 rep. by SLR 1875

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 2
Parliamentary agent or solicitor not to sue for costs in relation
to private bill in the House of Lords 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 expenses in respect of any
proceedings in the House of Lords 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
Lords, 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 expenses,
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 expenses,
subscribed in manner aforesaid, or enclosed 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 expenses 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 LORDS COSTS TAXATION ACT 1849 - SECT 3
Taxing officer to be appointed by the clerk of the Parliaments or
clerk assistant.

3. The clerk of the Parliaments, when discharging the duties of his
office in person, or in his absence the clerk assistant, shall
appoint a fit person to be the taxing officer of the House of
Lords; and every person so appointed shall hold his office during
the pleasure of the clerk of the Parliaments or clerk assistant,
and shall execute the duties of his office conformably to such
directions as he may from time to time receive from the clerk of
the Parliaments or clerk assistant.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 4
Clerk of Parliaments or clerk assistant to prepare list of charges
allowed.

4. The clerk of the Parliaments, when discharging the duties of his
office in person, or in his absence the clerk assistant, may from
time to time prepare a list of such charges, as it shall appear
to him, that 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 expenses in respect of the several
matters therein specified: Provided always, that the said taxing
officer may allow all fair and reasonable costs, charges, and
expenses in respect of any matters not included in such list.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 5
Taxing officer empowered to 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
expenses; ....

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 6
Taxing officer empowered to 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.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 7
Taxing officer to take fees allowed by House of Lords, and charge
them to the parties or one of them.

7. It shall be lawful for the said taxing officer to demand and
receive for any such taxation such fees as the House of Lords may
from time to time by any 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 order as aforesaid.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 8
On application of party chargeable, the 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 expenses in respect of any
proceedings in the House of Lords 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 Lords, 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 expenses 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 expenses, the said taxing
officer, on receiving a true copy of the bill of such costs,
charges, and expenses 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 expenses, 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 expenses, 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 clerk of the Parliaments or clerk assistant
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 clerk of the Parliaments or
clerk assistant aforesaid, 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 LORDS COSTS TAXATION ACT 1849 - SECT 9
Taxation after six months in special circumstances.

9. The said taxing officer shall report his taxation to the clerk
of the Parliaments or clerk assistant as aforesaid, and in such
report shall state the amount fairly chargeable in respect of such
costs, charges, and expenses, together with the amount of costs and
fees payable in respect of such taxation as aforesaid, and shall
also state in such report the amount due in respect of the said
costs, charges, and expenses; and within twenty-one clear days after
any such report shall have been made either party may deposit in
the office of the clerk of the Parliaments a memorial, addressed to
the clerk of the Parliaments or clerk assistant as aforesaid,
complaining of such report or any part thereof, and such clerk of
the Parliaments or clerk assistant as aforesaid 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, such clerk of the Parliaments or clerk assistant as aforesaid
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 expenses, and the amount due
in respect of the same, 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 to be due 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
expenses, 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 LORDS COSTS TAXATION ACT 1849 - SECT 10
Report to clerk of the Parliaments, and certificate of amount.

10. If any bill of costs taxable by virtue of this Act, or of
the House of Commons Costs Taxation Act, 1847, shall comprise any
costs, charges, and expenses incurred in respect of a private bill,
but not taxable by virtue of the Act in pursuance whereof such
bill shall come to be taxed, it shall be lawful for the taxing
officer of the House of Lords, or for the taxing officer of the
House of Commons, as the case may be, either to tax and settle
such last-mentioned costs, charges, and expenses, or to request the
taxing officer of the other House of Parliament, or the proper
officer of any court having such an officer, to assist him in
taxing and settling any part of such bill; and such officer so
requested shall thereupon proceed to tax and settle the same, and
shall return the same, with his opinion thereupon, to the officer
who shall have so requested him to tax and settle the same; and
in taxing such costs, charges, and expenses the taxing officer of
the House of Lords and the taxing officer of the House of Commons
respectively shall have the same powers, and may receive the same
fees in respect of such taxation, as if such costs, charges, and
expenses were taxable by virtue of this Act, or of the House of
Commons Costs Taxation Act, 1847, as the case may be; and the
proper officer of any court so requested to tax the same shall
have the same powers, and may receive the same fees, as upon a
reference from the court of which he is such officer.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 11
1847 c.69

11. The taxing officer of the House of Lords, or the taxing
officer of the House of Commons, as the case may be, may include
the amount of such last-mentioned costs, charges, and expenses in
the report of his taxation of any such bill of costs; and in case
the clerk of the Parliaments or clerk assistant, or the Speaker of
the House of Commons, as the case may be, shall deliver a
certificate of the amount so ascertained and declared in such
report, including such last-mentioned costs, charges, and expenses,
such certificate shall have the same force and effect as if the
whole of such bill of costs were taxable by virtue of the Act in
pursuance whereof such certificate shall be so delivered.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 12
Such costs to have effect as if taxable under the Act under which
certificate is issued.

12. In case the taxing officer of the House of Lords, or the
taxing officer of the House of Commons, shall be requested by the
proper officer of any other court to assist him in taxing and
settling any costs, charges, and expenses incurred in respect of a
private bill, being part of any bill of costs which shall have
been referred to him by the court of which he is such officer,
such taxing officer so requested shall thereupon proceed to tax and
settle the same, and shall return the same, with his opinion
thereupon, to the officer who shall have so requested him to tax
and settle the same, and shall have the same powers, and may
receive the same fees, in respect of such taxation, as if
application had been made to him for the taxation thereof in
pursuance of this Act, or of the House of Commons Costs Taxation
Act, 1847, as the case may be.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 13
Officers of other courts may request the taxing officer of either
House to tax costs in relation to private bills included in other
bills of costs.

13. It shall be lawful for the taxing officer of the House of
Lords, and for the taxing officer of the House of Commons, to take
an account between the parties to any taxation under this Act, or
the House of Commons Costs Taxation Act, 1847, of all sums of
money paid or received in respect of any bill of costs which is
the subject of such taxation, or any matters contained therein, and
to report the amount of all such sums of money, and the amount
due in respect of such bills of costs.

HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 14
Account between the parties of all sums paid or received in respect
of any bill of costs.

14. 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 LORDS COSTS TAXATION ACT 1849 - SECT 15
Interpretation.

15. 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 Lords Costs Taxation Act, 1849."

S.16 rep. by SLR 1875

Short title.