SOLICITORS (IRELAND) ACT 1849 - SECT 2 No solicitor in Ireland to commence an action for fees until one month after delivery of his bill.

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SOLICITORS (IRELAND) ACT 1849 - SECT 2

No solicitor in Ireland to commence an action for fees until one month after delivery of his bill.

2. No solicitor, nor any executor, administrator, or assignee of any
solicitor, shall commence or maintain any action or suit for the recovery of
any fees, charges, or disbursements for any business done by such solicitor,
until the expiration of one month after such solicitor, or executor,
administrator, or assignee of such solicitor, shall have delivered unto the
party to be charged therewith, or sent by the 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 fees, charges, and disbursements, and which bill shall
either be subscribed with the proper hand of such solicitor, (or, in the case
of a partnership, by any of the partners, either with his own name or with the
name or style of such partnership,) or of the executor, administrator, or
assignee of such solicitor, or be enclosed in or accompanied by a letter,
subscribed in like manner, referring to such bill; and upon the application of
the party chargeable by such bill within such month it shall be lawful, in
case the business contained in such bill or any part thereof shall have been
transacted in the High Court of Chancery, or in any other court of equity, or
in any matter of bankruptcy or lunacy, or in case no part of such business
shall have been transacted in any court of law or equity, for the Lord High
Chancellor or the Master of the Rolls, and in case any part of such business
shall have been transacted in any other court, for the Courts of Queen's
Bench, Common Pleas, or Exchequer, or any judge of either of them, and they
are hereby respectively required, to refer such bill, and the demand of such
solicitor, executor, administrator, or assignee thereupon, to be taxed and
settled by the proper officer of the court in which such reference shall be
made, without any money being brought into court; and the court or judge
making such reference shall restrain such solicitor, or executor,
administrator, or assignee of such solicitor, from commencing any action or
suit touching such demand pending such reference; and in case no such
application as aforesaid shall be made within such month as aforesaid, it
shall be lawful for such reference to be made as aforesaid, either upon the
application of the solicitor, or the executor, administrator, or assignee of
the solicitor, whose bill may have been so as aforesaid delivered, sent, or
left, or upon the application of the party chargeable by such bill, with such
directions, and subject to such conditions as the court or judge making such
reference shall think proper; and such court or judge may restrain such
solicitor, or the executor, administrator, or assignee of such solicitor, from
commencing or prosecuting any action or suit touching such demand pending such
reference, upon such terms as shall be thought proper: Provided always, that
no such reference as aforesaid shall be directed upon an application made by
the party chargeable with such bill after a verdict shall have been obtained
or a writ of inquiry executed in any action for the recovery of the demand of
such solicitor, or executor, administrator, or assignee of such solicitor, or
after the expiration of twelve months after such bill shall have been
delivered, sent, or left as aforesaid, except under special circumstances, to
be proved to the satisfaction of the court or judge to whom the application
for such reference shall be made; and upon every such reference, if either the
solicitor, or executor, administrator, or assignee of the solicitor, whose
bill shall have been delivered, sent, or left, or the party chargeable with
such bill, having due notice, shall refuse or neglect to attend such taxation,
the officer to whom such reference shall be made may proceed to tax and settle
such bill and demand ex parte; and in case any such reference as aforesaid
shall be made upon the application of the party chargeable with such bill, or
upon the application of such solicitor, or the executor, administrator, or
assignee of such solicitor, and the party chargeable with such bill shall
attend upon such taxation, the costs of such reference shall, except as
hereinafter provided for, be paid according to the event of such taxation;
that is to say, if such bill when taxed be less by a sixth part than the bill
delivered, sent, or left, then such solicitor, or executor, administrator, or
assignee of such solicitor, shall pay such costs; and if such bill when taxed
shall not be less by a sixth part than the bill delivered, sent, or left, then
the party chargeable with such bill, making such application or so attending,
shall pay such costs; and every order to be made for such reference as
aforesaid shall direct the officer to whom such reference shall be made to tax
such costs of such reference to be so paid as aforesaid, and to certify what
upon such reference shall be found to be due to or from such solicitor, or
executor, administrator or assignee of such solicitor, in respect of such bill
and demand, and of the costs of such reference, if payable: Provided also,
that such officer shall in all cases be at liberty to certify specially any
circumstances relating to such bill or taxation, and the court or judge shall
be at liberty to make thereupon any such order as such court or judge may
think right respecting the payment of the costs of such taxation: Provided
also, that where such reference as aforesaid shall be made when the same is
not authorized to be made except under special circumstances, as hereinbefore
provided, then the said court or judge shall be at liberty, if it shall be
thought fit, to give any special directions relative to the costs of such
reference: Provided also, that it shall be lawful for the said respective
courts and judges, in the same cases in which they are respectively authorized
to refer a bill which has been so as aforesaid delivered, sent, or left, to
make such order for the delivery by any solicitor, or the executor,
administrator, or assignee of any solicitor, of such bill as aforesaid, and
for the delivery up of deeds, documents, or papers in his possession, custody,
or power, or otherwise touching the same, in the same manner as has heretofore
been done as regards such solicitor, by such courts or judges respectively,
where any such business had been transacted in the court in which such order
was made: Provided also, that it shall not in any case be necessary in the
first instance for such solicitor, or the executor, administrator, or assignee
of such solicitor, in proving a compliance of this Act, to prove the contents
of the bill he may have delivered, sent, or left, but it shall be sufficient
to prove that a bill of fees, charges, or disbursements, subscribed in the
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 bona8 fide compliance with this Act.

Proviso rep. by 1876 c.44 s.2 sch.
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Northern Irish Legislation

SOLICITORS (IRELAND) ACT 1849 - SECT 2
