Trust, or by Judgment, Decree, or Order of any Superior
Court of Law or Equity duly registered, and also any Legacy,
Portion, Lien, or other Charge, whereby a gross Sum of Money
is secured to be paid on an Event or at a Time certain, and
also any annual or periodical Charge which by the Instrument
creating the same, or by any other Instrument, is made repur-
chasable on Payment of a gross Sum of Money, and also any
Arrear remaining unpaid of any annual or periodical Charge,
for Payment of which Arrear a Sale of any Land charged
therewith might be decreed by a Court of Equity; and the
Word "Incumbrancer" shall mean any Person entitled to such "Incum-
Incumbrance, or entitled to require the Payment or Discharge brancer:"
thereof; and the Word "Possession" shall include the Receipt "Possession:"
of the Rents and Profits; and the Word "Owner," as applied "Owner:"
to any Land, shall include any Person entitled in possession in
Fee Simple or in Tail, or quasi in Tail, and any Person entitled
in possession for a Life or Lives, or for a Term of Years de-
terminable on the dropping of any Life or Lives, or for a Term
of Years of which not less than Ninety-nine Years are unex-
pired, not being a Lessee at a Rent, and also any Person
entitled in possession as Tenant by the Curtesy, whether at Law
or in Equity, and any Person entitled in possession, whether
in Fee or for any lesser Estate as aforesaid, to the Equity of
Redemption in any Land, or to the Land subject to any In-
cumbrance, or a Trust for the Payment of any Incumbrance,
and any Feoffees or Trustees for charitable or other Purposes,
entitled in possession; and the Word "Owner," as applied to
a Lease in Perpetuity or other Lease, shall include any Person
entitled in possession to the Land comprised in such Lease for
the whole Estate created or agreed to be created by such Lease,
or for any derivative Estate (created by Settlement, or testa-
mentary or other Disposition thereof), quasi in Tail, or for Life
or Lives, or for Years determinable on the dropping of a Life
or Lives, or for Years of which not less than Fifty Years are
unexpired, not being an Under-lease at a Rent derived out of
such Lease, and any Person entitled in possession, for such
whole Estate or such derivative Estate as aforesaid, to the
Equity of Redemption in such Lease or to such Lease subject
to any Incumbrance, or a Trust for the Payment of any Incum-
brance; and the Word "Person and the Word "Owner
shall extend to a Body Politic or Corporate as well as to an
Individual; the Word "Commissioners" shall mean "the Com-
missioners for Sale of Incumbered Estates in Ireland;" the sioners:"
Expression "the Commissioners of Her Majesty's Treasury" "Commis-
shall mean such Commissioners for the Time being or any Majesty's Trea-
Three of them, or the Lord High Treasurer for the Time sury:"
being; and every Word importing the Singular Number only
shall extend to several Persons or Things, and every Word
importing the Plural Number shall apply to One Person or Number.
Thing; and every Word importing the Masculine Gender only
shall extend to a Female.

LV. And

"Person" and
"Owner:"

"Commis

sioners of Her

a

16

Act to extend to

LV. And be it enacted, That this Act shall, except so far as Ireland only, &c. the special Provisions of the same otherwise require, extend only to Ireland, and may be amended or repealed by any to be passed in this Session of Parliament.

Act

SCHEDULE.

Form of Conveyance on Sales by the Commissioners (which may be used with such Variations as the Circumstances may appear to the Commissioners to require).

Two of the Commissioners for

WE Sale of Incumbered Estates in Ireland, under the Authority of an Act passed in the Year of the Reign of Queen Victoria, intituled [here set forth the Title of this Act], in consideration of the Sum of by E.F. of, &c., paid into the Bank of Ireland to our Account to the Credit of do grant unto the said E.F. all [here describe the Premises to be sold], to hold the same unto the said E.F., his Heirs and Assigns, [or, in the Case of a Chattel Interest in a Lease, his Executors, Administrators, and Assigns,] for ever, [or for the unexpired Term created by a certain Lease [describing the Lease, as the Case may be], subject to [here specify, where the Sale is made subject thereto, the Tenancies, Leases, Under-leases, or Charge, either by reference to a Schedule or otherwise].

In witness whereof we the said A.B. and C.D. have hereunto set our Hands and the Seal of the said Commissioners, this in the Year of our

Day of

Lord

A.B.

C.D.

[Seal of the Commission.]

The Certificate of Payment to be endorsed on or written at the Foot of the Conveyance or Assignment may be in the following Form:

WE certify that the within [or above] mentioned Sum of was paid into the Bank of Ireland to the Account and Credit within [or above] mentioned on the

Day of

A.B.

C.D.

[Seal of the Commission.]

CAP.

CAP. LXXVIII.

An Act for the more effectual Taxation of Costs on
Private Bills in the House of Lords, and to facilitate
the Taxation of other Costs on Private Bills in
certain Cases.
[28th July 1849.]

WHEREAS an Act was passed in the Seventh Year of the Reign of His late Majesty King George the Fourth, intituled An Act to establish a Taxation of Costs on Private 7&8 G. 4. c. 64. Bills in the House of Lords: And whereas it is expedient to repeal the same, and to make more effectual Provision for taxing the Costs and Expenses to be charged by Parliamentary Agents, Attornies, Solicitors, and others, in future Sessions of Parliament, in respect of Bills subject to the Payment of Fees in Parliament, commonly called Private Bills, and to be incurred in complying with the Standing Orders of the • House of Lords relative to such Bills, and in preparing, bringing in, and carrying the same through, or in opposing the same in, the House of Lords, and to facilitate the Taxation of other Costs incurred in respect of Private Bills, in certain Cases:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, except Recited Act as to any Costs, Charges, and Expenses which shall have been 7 & 8 G. 4. c. 64. incurred in the present or any preceding Session of Parliament, repealed. the said recited Act shall be repealed.

not to sue for

II. And be it enacted, That no Parliamentary Agent, Attor- Parliamentary ney, or Solicitor, nor any Executor, Administrator, or Assignee Agent, Attor of any Parliamentary Agent, Attorney, or Solicitor, shall com- ney, or Solicitor mence or maintain any Action or Suit for the Recovery of any Costs until One Costs, Charges, or Expenses in respect of any Proceedings in Month after the House of Lords in any future Session of Parliament relating Delivery of his 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, Attorney, or Solicitor, or Executor, Administrator, or Assignce of such Parliamentary Agent, Attorney, 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 Expenses, and which Bill shall either be subscribed with the proper Hand of such Parliamentary Agent, Attorney, 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, Attorney, or Solicitor, or be enclosed in or accompanied by a Letter subscribed in like [No. 32. Price 2d.] Manner

I i

Evidence of

Manner referring to such Bill: Provided always, that it shall Delivery of Bill. not in any Case be necessary, in the first instance, for such Parliamentary Agent, Attorney, or Solicitor, or the Executor, Administrator, or Assignee of such Parliamentary Agent, Attorney, 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 Expenses, 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 bona fide ComPower to Judge pliance 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, Attorney, or Solicitor to commence 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 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.

to authorize
Action before
Expiration of
One Month.

Taxing Officer

to be appointed

by the Clerk of Parliaments or

Clerk Assistant.

The Clerk of

Parliaments or to prepare List

Clerk Assistant

of Charges thenceforth to be allowed.

Taxing Officer empowered to examine Parties and Witnesses on Oath.

III. And be it enacted, That the Clerk of the Parliaments, when discharging the Duties of his Office in Person, or in his Absence the Clerk Assistant, shall appoint a fit Person to be the Taxing Officer of the House of Lords; and every Person so appointed shall hold his Office 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 from the Clerk of the Parliaments or Clerk Assistant.

IV. And be it enacted, That the Clerk of the Parliaments, when discharging the Duties of his Office in Person, or in his Absence the Clerk Assistant, may from Time to Time prepare a List of such Charges as it shall appear to him that, after the present Session of Parliament, Parliamentary Agents, Attornies, Solicitors, 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.

V. And be it enacted, That for the Purpose of any such Taxation the said Taxing Officer may examine upon Oath any Party to such Taxation, and any Witnesses who may be examined in relation thereto, and may receive Affidavits, sworn before him 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

L

Oath or in any such Affidavit shall wilfully or corruptly give false Evidence shall be liable to the Penalties of wilful and

corrupt Perjury.

VI. And be it enacted, That the said Taxing Officer shall be Taxing Officer empowered to call for the Production of any Books or Writings empowered to in the Hands of any Party to such Taxation relating to the and Papers. Matters of such Taxation.

to take such Fees as may be allowed by House of Lords.

VII. And be it enacted, That it shall be lawful for the said Taxing Officer Taxing Officer to demand and receive for any such Taxation such Fees as the House of Lords may from Time to Time by any Order authorize and direct, and to charge the said Fees, and also to award Costs of such Taxation against either Party to such Taxation, or in such Proportion against each Party as he may think fit, and he shall pay and apply the Fees so received Application of by him in such Manner as shall be directed by any such Order Fees. as aforesaid.

able, or on Ap

the Taxing

VIII. And be it enacted, That if any Person upon whom On Application any Demand shall be made by any Parliamentary Agent, At- of Party chargetorney, or Solicitor, or Executor, Administrator, or Assignee plication of Parof such Parliamentary Agent, Attorney, or Solicitor, or other liamentary Person, for any Costs, Charges, or Expenses in respect of Expenses in respect of any Agent, AttorProceedings in the House of Lords in any future Session of ney, or Solicitor, Parliament relating to any Petition for a Private Bill, or Pri- Officer to tax vate Bill, or in respect of complying with the Standing Orders the Bill. of the said House 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: Pro- No Application vided always, that no such Application shall be entertained by to be enter

Ii 2

the

tained by Tax