Search Legislation

House of Lords Costs Taxation Act 1849

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

IXTaxing Officer to report to the Clerk of the Parliaments.

And be it enacted, That 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources