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HOUSE OF COMMONS COSTS TAXATION ACT 1847 - SECT 9

Taxing officer's report, and certificate of the Speaker.

9. The said taxing officer shall, if required by either party report his
taxation to the Speaker, 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
within twenty-one clear days after any such report shall have been made either
party may deposit in the office of the said taxing officer a memorial,
addressed to the Speaker, complaining of such report or any part thereof, and
the Speaker 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, the Speaker 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 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 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 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.

© 1847 Crown Copyright

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