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sent, or left by him, but it shall be sufficient to prove that a Bill of Costs, Charges, and Expenses, subscribed in manner afore. said, 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 boná Power 10 Judge fide Compliance with this Act: Provided also, that it shall be to authorize lawful for any Judge of the Superior Courts of Law or Equity in Action before

England or Ireland, or of the Court of Session in Scotland, to Expiration of

authorize a Parliamentary Agent, Attorney, or Solicitor to comOne Month.

mence an Action or Suit for the Recovery of his Costs, Charges, and Expenses against the Party chargeable therewith, although One Month has not expired from the Delivery of a Bill as afore. said, 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. Taxing Office III. And be it enacted, That the Clerk of the Parliaments, to be appointed when discharging the Duties of his Office in Person, or in his by the Clerk of Absence the Clerk Assistant, shall appoint a fit Person to be the Parliaments or Taxing Officer of the House of Lords ; and every person so Clerk Assistant. appointed shall hold his Ofice during the Pleasure of the Clerk

of the Parliaments or Clerk Assistant, and shall execute the Duties of his Office conformably to such Directions as he may from Time to Time receive froin the Clerk of the Parliaments

or Clerk Assistant, The Clerk of

IV. And be it enacted, That the Clerk of the Parliaments, when Parliaments or discharging the Duties of his Office in Person,

o, or in his Absence Clerk Assistant the Clerk Assistant, may from Time to Time prepare a List of to prepare List such Charges as it shall appear to him that, after the present of Charges thenceforth to

Session of Parliament, Parliamentary Agents, Attornies, Solicitors, be allowed.

and others may justly make with reference to the several Matters comprised in such List; and the several Charges therein specified shall be the utmost Charges thenceforth to be allowed upon the Taxation of any such Bill of Costs, Charges, and Expenses in respect of the several Matters therein specified : Provided always, that the said Taxing Officer may allow all fair and reasonable Costs, Charges, and Expenses in respect of any Matters not included in

such List. Taxing Officer V. And be it enacted, That for the Purpose of any such empowered to Taxation the said Taxing Officer may examine upon Oath any examine Parties Party to such Taxation, and any Witnesses who may be examined and Witnesses

in relation thereto, and may receive Affidavits, sworn before him on Oath.

or before any Master or Master Extraordinary of the High Court of Chancery, relative to such Costs, Charges, or Expenses; and any Person who on such Examination on Oath or in any such Affidavit shall wilfully or corruptly give false Evidence shall be

liable to the Penalties of wilful and corrupt Perjury. Taking Officer VI. And be it enacted, That the said Taxing Officer shall be empowered to empowered to call for the Production of any Books or Writings call for Books in the Hands of any Party to such Taxation relating to the and Papers. Matters of such Taxation. Taxing Officer VII. And be it enacted, That it shall be lawful for the said to take and apply Taxing Officer to demand and receive for any such Taxation such

Fees

Fees as the House of Lords may from Time to Time by any such Fees as may Order authorize and direct, and to charge the said Fees, and also be allowed by to award Costs of such Taxation against either Party to such House of Lords. Taxation, or in such Proportion against each Party as he may *think fit, and he shall pay and apply the Fees so received by him in such Manner as shall be directed by any such Order as aforesaid.

VIII. And be it enacted, That if any Person upon whom any On Application Demand shall be made by any Parliamentary Agent, Attorney, of Party chargeor Solicitor, or Executor, Administrator, or Assignee of such able, or on apParliamentary Agent, Attorney, or Solicitor, or other Person, for liamentary any Costs, Charges, or Expenses in respect of any Proceedings Agent, Attorin the House of Lords in any future Session of Parliament re- ney, or Solicitor, lating to any Petition for a Private Bill, or Private Bill, or in the Taxing

Officer to tax respect of complying with the Standing Orders of the said House

the Bill. relative thereto, or in preparing, bringing in, or carrying the same through, or in opposing the same in, the House of Lords, or if any Parliamentary Agent, Attorney, or Solicitor, or the Executor, Administrator, or Assignee of such Parliamentary Agent, Attorney, or Solicitor, or other Person, who shall be aggrieved by the Nonpayment of any Costs, Charges, and Expenses incurred or charged by him in respect of any such Proceedings as aforesaid, shall make Application to the said Taxing Officer at his Office for the Taxation of such Costs, Charges, and Expenses, the said Taxing Officer, on receiving a true Copy of the Bill of such Costs, Charges, and Expenses which shall have been duly delivered as aforesaid to the Party charged therewith, shall in due Course proceed to tax and settle the same; and upon every such Taxation, if either the Parliamentary Agent, Attorney, or Solicitor, or the Executor, Administrator, or Assignee of such Parliamentary Agent, Attorney, or Solicitor, or other Person, by whom such Demand shall be made as aforesaid, or the Party charged with such Bill of Costs, Charges, and Expenses, having due Notice, shall refuse or neglect to attend such Taxation, the said Taxing Officer may proceed to tax and settle such Bill and Demand ex parte; and if pending such Taxation any Action or other Proceeding shall be commenced for the Recovery of such Bill of Costs, Charges, and Expenses, the Court or Judge before whom the same shall be brought shall stay all Proceedings thereon until the Amount of such Bill shall have been duly certified by the Clerk of the Parliaments or Clerk Assistant as herein-after provided : Provided always, that no such Application shall be entertained by No Application the said Taxing Officer if made by the Party charged with such to be enterBill after a Verdict shall have been obtained or a Writ of Inquiry ing Officer after executed in any Action for the Recovery of the Demand of any Verdict obsuch Parliamentary Agent, Attorney, or Solicitor, or the Exé- tained, cutor, Administrator, or Assignee of such Parliamentary Agent, Attorney, or Solicitor, or other person, or after the Expiration of Six Months after such Bill shall have been delivered, sent, or left as aforesaid : Provided also, that if any such Application shall be made after the Expiration of Six Months as aforesaid it shall be lawful for the Clerk of the Parliaments or Clerk Assistant aforesaid, if he shall so think fit, on receiving a Report of special Circumstances from the said Taxing Officer, to direct such Bill to be taxed, 12 & 13 Vict,

Z

IX. And

Taxing Officer IX. And be it enacted, That the said Taxing Officer shall report to report to the his Taxation to the Clerk of the Parliaments or Clerk Assistant as Clerk of the aforesaid, and in such Report shall state the Amount fairly chargeParliaments.

able 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 stats in such Report the

Amount due in respect of the said Costs, Charges, and Expenses ; If either Party and within Twenty-one clear Days after any such Report shall complain of have been mad either Party may deposit in the Office of the Report, they

Clerk of the Parliaments a Memorial, addressed to the Clerk of may deposit a

the Parliaments or Clerk Assistant as aforesaid, complaining of Memorial, and the Clerk, &c.

such Report or any Part thereof, and such Clerk of the Parliamay require a ments or Clerk Assistant as aforesaid may, if he shall so think fit, further Report 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 If no Memorial Officer, if necessary, to amend his Report ; and if no such deposited, Clerk Memorial be deposited as aforesaid, or so soon as the Matters of the Parlia

complained of in any such Memorial shall have been finally disments may

issue

posed of, such Clerk of the Parliaments or Clerk Assistant as Certificate of the Amount

aforesaid shall, upon Application made to him, deliver to the found due. 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 ProCertificate to ceedings at Law or in Equity or otherwise ; and in any Action have the Effect or other Proceeding brought for the Recovery of the Amount of a Warrant 60 certified to be due such Certificate shall have the Effect of a to confess Judg. 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. Taxing Officer X. And be it enacted, That if any Bill of Costs taxable by of either House virtue of this Act, or of “The House of Commons Costs Taxmay tax Costs

ation Act, 1847,” shall comprise any Costs, Charges, and Exnot otherwise taxable under

penses incurred in respect of a Private Bill, but not taxable by the Act by virtue of the Act in pursuance whereof such Bill shall come to be virtue of which taxed, it shall be lawful for the Taxing Officer of the House of any Bill shall

Lords, or for the Taxing Officer of the House of Commons, as the be taxed; and

Case may be, either to tax and settle such last-mentioned Costs, may request other Officers

Charges, and Expenses, or to request the Taxing Officer of the to assist him. other House of Parliament, or the proper Officer of any other

Court having such an Officer, to assist him in taxing and settling any Part of such Bill; and such Officer so requested shall thereupon proceed to tax and settle the same, and shall return the 0

same,

ment.

same, with his Opinion thereupon, to the Officer who shall have so requested him to tax and settle the same; and in taxing such Such Officers to Costs, Charges, and Expenses the Taxing Officer of the House have the same of Lords and the Taxing Officer of the House of Commons Powers as in respectively shall have the same Powers and may receive the taxing other

Costs. same Fees in respect of such Taxation as if such Costs, Charges, and Expenses were taxable by virtue of this Act, or of the “ House of Commons Costs Taxation Act, 1847," as the Case may be; and the proper Officer of any Court so requested to tax the same shall have the same Powers and may receive the same Fees as upon a Reference from the Court of which he is such Officer.

XI. And be it enacted, That the Taxing Officer of the House Taxing Officers of Lords, or the Taxing Officer of the House of Commons, as the to include cerCase may be, may include the Amount of such last-mentioned tain Costs in Costs, Charges, and Expenses in the Report of his Taxation of

their Reports,

and Certificates any such Bill of Costs ; and in case the Clerk of the Parliaments of the Amount or Clerk Assistant, or the Speaker of the House of Commons, as to be delivered. the Case may be, shall deliver a Certificate of the Amount so ascertained and declared in su Report, including such last-mentioned Costs, Charges, and Expenses, such Certificate shall have the same Force and Effect as if the whole of such Bill of Costs were taxable by virtue of the Act in pursuance whereof such Certificate shall be so delivered.

XII. And be it enacted, That in case the Taxing Officer of Officers of other the House of Lords, or the Taxing Officer of the House of Com- Courts may remons, shall be requested by the proper Officer of any other Court quest the Taxto assist him in taxing and settling any Costs, Charges, and Ex. ing Officer of penses incurred in respect of a Private Bill, being Part of any

Bill

to tax Parts of of Costs which shall have been referred to him by the Court of Bills. which he is such Officer, such Taxing Officer so requested shall thereupon proceed to tax and settle the same, and shall return the same, with his Opinion thereupon, to the Officer who shall have so requested him to tax and settle the same, and shall have the same Powers and may receive the same Fees in respect of such Taxation as if Application had been made to him for the Taxation thereof in pursuance of this Act, or of the “ House of Commons Costs Taxation Act, 1847," as the Case may

be. XIII. And be it enacted, That it shall be lawful for the Taxing Taxing Officer Officer of the House of Lords and for the Taxing Officer of the of either House House of Commons to take an Account between the Parties to may take an any Taxation under this Act or the “House of Commons Costs Taxation Act, 1847,” of all Sums of Money paid or received in Parties. respect of

any Bill of Costs which is the Subject of such Taxation, or any Matters contained therein, and to report the Amount of all such Sums of Money and the Amount due in respect of such Bills of Costs.

XIV. And be it enacted, That in the Construction of this Act Construction of the Word “Month” shall be taken to mean a Calendar Month ; certain Words and every Word importing the Singular Number only shall extend in this Act. and be applied to several Persons, Matters, or Things, as well as one Person, Matter, or Thing; and every Word importing the Plural Number shall extend and be applied to one Person, Matter, or 'Thing as well as several Persons, Matters, or Things; and every Word importing the Masculine Gender only shall extend and be

ጊ 2

applied

Account between the

applied to a Female as well as a Male ; and the Word “Person” shall extend to any Body Politic, Corporate, or Collegiate, Municipal, Civil, or Ecclesiastical, Aggregate or Sole, as well as an Individual ; and the Word “Oath” shall include Affirmation in the Case of Quakers, and any Declaration lawfully substituted for an Oath in the Case of any other Person allowed by Law to make a Declaration instead of taking an Oath ; unless in any of the Cases aforesaid it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction.

XV. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal and other Instruments, it shall be sufficient to use the Expression “ The House of Lords Costs Taxation Act, 1849.”

XVI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

Form of citing the Act.

Act may be amended, &c.

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Letters Patent, dated 12th Feb. (4 Vict.)

6

Letters Patent, dated 4th Aug. (7 Vict.)

CA P. LXXIX.
An Act to facilitate the Execution of Conveyances and other

Instruments by or on behalf of the New Zealand Company
in New Zealand.

[1st August 1849.] WI

HEREAS Her present Majesty, by Her Royal Letters

Patent bearing Date the Twelfth Day of February in the · Fourth Year of Her Reign, granted and ordained that certain • Persons therein named and described should be and constitute

a Body Corporate, with perpetual Succession and a Common • Seal, by the Name of the New Zealand Company, for the Purpose

of purchasing and acquiring, settling, improving, cultivating, letting, selling, granting, alienating, mortgaging, charging, or • otherwise dealing with and making a Profit of Lands, Tenements, • and Hereditaments within Her Majesty's Colony of New Zealand • and its Dependencies, and of laying out Settlements and Towns, * and for other the Purposes therein set forth ; and by Her Royal · Letters Patent, bearing Date the Fourth Day of August in the • Seventh Year of Her Reign, extended the Powers in the said • first-mentioned Letters Patent contained : And whereas by an • Act of Parliament passed in the Session of Parliament holden ' in the Ninth and Tenth Years of the Reign of Her present Majesty, intituled An Act to grant certain Powers to the New Zealand Company, fur

further Powers were granted to the said Company, and special Provisions made for facilitating the Conveyance of Lands ' in the said Colony then contracted to be sold or thereafter to be ' contracted to be sold by the said Company : And whereas by

an Act of Parliament passed in the Session of Parliament holden " in the Tenth and Eleventh Years of the Reign of Her present

Majesty, intituled An Act to promote Colonization in New Zealand, I und to authorize a Loan to the New Zealand Company, all the · Demesne Lands of the Crown in the Province of New Munster

in New Zealand, and all the Estate and Right of Her Majesty • therein, or Power and Authority over the same or any Part

thereof, were, from and immediately after the passing of the said • now-reciting Act, until the Fifth Day of July One thousand eight hundred and fifty, and during such further Time as shall be

• directed

9 & 10 Vict. c. 382.

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10 & 11 Vict.

c. 112.

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