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HOUSE OF LORDS COSTS TAXATION ACT 1849 - SECT 9

Taxation after six months in special circumstances.

9. 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 expenses,
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 expenses; 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 expenses, 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; and in any action or other
proceeding brought for the recovery of the amount so certified to be due 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
expenses, 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.

© 1849 Crown Copyright

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