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Parliamentary Costs Act 1865

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This is the original version (as it was originally enacted).

1When Committee report "Preamble not proved", Opponents to be entitled to recover Costs.

That the said University may, with the view of better promoting the teaching and Study of the Law in the said University, vary by Statute all or any of the Directions, Trusts, and Regulations now in force relating to the Vinerian Professorship and the Vinerian Fellowship and Scholarships respectively, and to the Application of the Funds held in trust by the said University under the Will of Charles Viner Esquire, deceased : Provided, that Part of the Income of such Funds shall always be applied to the teaching of Law, and the Residue towards encouraging the Study of the Law by means of Fellowships or Scholarships or both, and that the Name of the said Charles Viner, or the Title Vinerian, shall always be retained in connexion with the said Foundation: Provided also, that the Interests of the present Professor, Fellow, and Scholars respectively on the said Vinerian Foundation shall not, without their respective Consents, be altered or affected by any such Statute ; but every Person who, after the passing of this Act, may be elected a Vinerian Professor, or Fellow, or Scholar, shall be subject to any Statute to be afterwards made by the University under the Powers of this Act as fully as if he had been elected under such Statute. 2. Provisions of 25 & 26 Vict. c. 26 to apply to Statutes under this Act.

2

All the Provisions of the Oxford University Act, 1862, as to Statutes of the University passed by virtue thereof, shall extend and apply to Statutes of the University made by virtue of this Act; and the Oxford University Act, 1862, and this Act, shall be construed together as One Act. 3. Short Title.

3

This Act may be cited for all Purposes as the "Oxford University, Vinerian Foundation, Act, 1865."

1

When the Committee on a Private Bill shall decide that the Preamble is not proved, or shall insert in such Bill any Provision for the Protection of any Petitioner, or strike out or alter any Provision of such Bill for the Protection of such Petitioner, and further unanimously report, with respect to any or all of the Petitioners against the Bill, that such Petitioner or Petitioners has or have been unreasonably or vexatiously subjected to Expense in defending his or their Rights proposed to be interfered with by the Bill, such Petitioner or Petitioners shall be entitled to recover from the Promoters of such Bill his or their Costs in relation thereto, or such Portion thereof as the Committee may think fit, such Costs to be taxed by the Taxing Officer of the House as herein-after mentioned, or the Committee may award such a Sum for Costs as they shall think fit, with the Consent of the Parties affected.

2When Committee report unanimously "Opposition unfounded", Promoters to be entitled to recover Costs.

When the Committee on a Private Bill shall decide that the Preamble is proved, and further unanimously report that the Promoters of the Bill have been vexatiously subjected to Expense in the Promotion of the said Bill, by the Opposition of any Petitioner or Petitioners against the same, then the Promoters shall be entitled to recover from the Petitioners, or such of them as the Committee shall think fit, such Portion of their Costs of the Promotion of the Bill as the Committee may think fit, such Costs to be taxed by the Taxing Officer of the House as herein-after mentioned, or such a Sum for Costs as the Committee shall name, with the Consent of the Parties affected; and in their Report to the House the Committee shall state what Portion of the Costs, or what Sum for Costs, they shall so think fit to award, together with the Names of the Parties liable to pay the same and the Names of the Parties entitled to receive the same : Provided always, that no Landowner who bond fide at Ms own sole Risk and Charge opposes a Bill which proposes to take any Portion of the, said Petitioner's Property for the Purposes of the Bill shall be liable to any Costs in respect of his Opposition to such Bill.

3Costs to be taxed.

On Application made to the Taxing Officer of the House by such Promoters or Petitioners, or by their Solicitors or Parliamentary Agents, not later than Six Calendar Months after the Report of such Committee, and in Cases where no Sum shall have been named by the Committee, with the Consent of the Parties affected, not until One Month after a Bill of such Costs shall hate been delivered to the Party chargeable therewith, which Bill shall be sealed with the Seal or subscribed with the proper Hand of the Parties claiming such Costs, or of their Solicitor or Parliamentary Agent, the Taxing Officer shall examine and tax such Costs, and shall deliver to the Parties affected, or either or any of them, on Application, a Certificate signed by himself expressing the Amount of such Costs, or in Cases where a Sum for Costs shall have been named by the Committee, with the Consent as aforesaid, such Sum as shall have been so named, with the Name of the Party liable to pay the same, and the Name of the Party entitled to receive the same, and such Certificate shall be conclusive Evidence as well of the Amount of the Demand as of the Title of the Party therein named to recover the same from the Party therein stated to be liable to the Payment thereof; and the Party claiming under the same shall, upon Payment thereof, give a Receipt at the Foot of such Certificate, which shall be a sufficient Discharge for the same.

4Powers of Taxing Officer.

All Powers given to the Taxing Officer by the Acts Ten and Eleven Victoria, Chapter Sixty-nine, and Twelve and Thirteen Victoria, Chapter Seventy-eight, with reference to the Examination of Parties and Witnesses on Oath, and with reference to the Production of Documents, and with reference to the Fees payable in respect of any Taxation, shall be vested in the Taxing Officer for the Purposes of this Act.

5Recovery of Costs when taxed.

The Party entitled to such taxed Costs, or such Sum named by the Committee, with such Consent as aforesaid, or his Executors or Administrators, may demand, the whole Amount thereof, so certified as above, from any One or more of the persons liable to the Payment thereof, and in case of Nonpayment thereof on Demand .may recover the same by Action of Debt in any of Her "Majesty's Courts of Record at Westminster or Dublin, or by Action in the Court of Session in Scotland. In such Action it shall be sufficient in England or Ireland, for the Plaintiff to declare that the Defendant is indebted to him in the Sum mentioned in the said Certificate; and the said Plaintiff shall, upon filing the said Declaration, together with the said Certificate and an Affidavit of such Demand as aforesaid, be at liberty to sign Judgment as for "Want of Plea by Nil elicit, and take out Execution for the said Sum so mentioned in the said Certificate, together with the Costs of the said Action, according to due Course of Law: Provided always, that the Validity of such Certificate shall not be called in question in any Court.

6Form of Action in Scotland.

In such Action it shall he sufficient, in Scotland, for the Pursuer to allege that the Defender is indebted to him in the Sum mentioned in the said Certificate, under the like Proviso in regard to the Validity of the Certificate.

7Persons paying Costs may recover a Proportion, from other Persons liable thereto.

In every Case it shall he lawful for any Person from whom the Amount of such Costs or Sum named by the Committee with Consent as aforesaid has been so recovered to recover from the other Persons, or any of them, who are liable to the Payment of such Costs or Sum named by the Committee with Consent as aforesaid a proportionate Share thereof, according to the Number of Persons so liable, and according to the Extent of the Liability of each Person. 8.

8When Committee report "Preamble not proved", Promoters to pay Costs out of Deposits.

In any Case in which the Committee shall have reported that the Preamble is not proved, and where, in accordance with the Standing Orders of either House of Parliament and of an Act of the Ninth Year of Her present Majesty, Chapter Twenty, a Deposit of Money or Stock is made with respect to the Application to Parliament for an Act, the Money or Stock so deposited shall be a Security for the Payment by the Promoters of the Bill for the Act of all Costs or Sums in respect of Costs, if any, payable by them under this Act; and every Party entitled to receive any Costs or Sum so payable shall accordingly have a Lien available in Equity for the same on the Money or Stock so deposited, and the Lien shall attach thereon at the Time when the Bill is first referred to a Committee of either House of Parliament; provided that where several Parties have the Lien for an Amount exceeding in the aggregate the net Value of the Money or Stock, their respective Claims shall proportionately abate.

9Definition of Promoters.

When a Bill is not promoted by a Company already formed, all Persons whose Names shall appear in such Bill as promoting the same, and in the event of the Bill passing the Company thereby incorporated, shall be deemed to be Promoters of such Bill for all the Purposes of this Act.

10Meaning of Private Bill.

For the Purposes of this Act the Expression Private Bill shall extend to and include any Bill for a Local and Personal Act.

11Commencement of Act.

That this Act shall not take effect before the First Day o November One thousand eight hundred and sixty-five.

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