House of Lords Costs Taxation Act 1849(repealed)

The clerk of the Parliaments, F4. . ., 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.

The clerk of the Parliaments, F5. . ., 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, . . . F6 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.

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, F7. . ..

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.

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.

If any person upon whom any demand shall be made by any parliamentary agent, . . . F9 or solicitor, or executor, administrator, or assignee of such parliamentary agent . . . F9 or solicitor, or other person, for any costs, charges, or expences 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, . . . F9 or solicitor, or the executor, administrator, or assignee of such parliamentary agent . . . F9 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 . . . F9 or solicitor, or the executor, administrator, or assignee of such parliamentary agent . . . F9 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 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 F8judgment shall have been obtained F10. . . in any action for the recovery of the demand of any such parliamentary agent . . . F9 or solicitor, or the executor, administrator, or assignee of such parliamentary agent . . . F9 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.

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 expences, 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 expences; 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 expences, 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 F11. . .. . .: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.

If any bill of costs taxable by virtue of this Act, or of the M1House of Commons Costs Taxation Act 1847, shall comprise any costs, charges, and expences 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 expences, or to request the taxing officer of the other House of Parliament, or the proper officer of any other 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 expences 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 expences were taxable by virtue of this Act, or of the M2House 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.

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 expences 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 expences, 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.

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 expences 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 M3House of Commons Costs Taxation Act 1847, as the case may be.

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 M4House 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.

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; . . . F12unless in any of the cases aforesaid it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.

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.”