House of Lords Costs Taxation Act, 1849

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.

Proof of delivery of bill sufficient.

Power to judge to authorize action before expiration of one month.

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 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, 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 expences, 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 expences, 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 bonâ fide compliance with this Act: Provided also, that it shall be lawful for any judge of the superior courts of law or equity in England or Ireland, or of the Court of Session in Scotland, to authorize a parliamentary agent or solicitor to commence an action or suit for the recovery of his costs, charges, and expences 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.