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PARLIAMENTARY COSTS ACT 1865

PARLIAMENTARY COSTS ACT 1865 - LONG TITLE

An Act for awarding Costs in certain Cases of Private Bills.{1}
[26th May 1865]
Preamble rep. by SLR 1893

PARLIAMENTARY COSTS ACT 1865 - SECT 1
When committee on private Bill report ""preamble not proved'', or
insert provisions for benefit of petitioners, &c., petitioners to be
entitled to recover costs.

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.

PARLIAMENTARY COSTS ACT 1865 - SECT 2
When committee report unanimously ""opposition unfounded'', promoters
to be entitled to recover costs from petitioners.

2. 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 bona8 fide at his 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.

PARLIAMENTARY COSTS ACT 1865 - SECT 3
Taxation of costs.

3. 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 have 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.

PARLIAMENTARY COSTS ACT 1865 - SECT 4
Powers of taxing officer, evidence, and fees.

4. All powers given to the taxing officer by the House of Commons
Costs Taxation Act 1847 and the House of Lords Costs Taxation Act
1849, 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.

PARLIAMENTARY COSTS ACT 1865 - SECT 5
Recovery of costs.

5. 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 ... [Belfast], ... In such action it shall be sufficient,
in ... 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 dicit, 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.

PARLIAMENTARY COSTS ACT 1865 - SECT 7
Persons paying costs may recover proportionate shares thereof from
other persons liable thereto.

7. In every case it shall be 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.

S.8 rep. by SLR 1966

PARLIAMENTARY COSTS ACT 1865 - SECT 9
Definition of promoters.

9. 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.

PARLIAMENTARY COSTS ACT 1865 - SECT 10
Meaning of private Bill.

10. For the purposes of this Act the expression private Bill shall
extend to and include any Bill for a local and personal Act.

S.11 rep. by SLR 1893






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URL: http://www.bailii.org/nie/legis/num_act/pca1865232.txt