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SOLICITORS (IRELAND) ACT 1849

SOLICITORS (IRELAND) ACT 1849 - LONG TITLE

An Act for consolidating and amending several of the Laws relating
to Attornies and Solicitors in Ireland.{1}
[28th July 1849]
Preamble rep. by SLR 1891

S.1 rep. by SLR 1875

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.

SOLICITORS (IRELAND) ACT 1849 - SECT 3
Taxation of bills upon application of third parties.

3. Where any person not the party chargeable with any such bill
within the meaning of the provisions hereinbefore contained shall be
liable to pay or shall have paid such bill, either to the
solicitor, his executor, administrator, or assignee, or to the party
chargeable with such bill as aforesaid, it shall be lawful for such
person, his executor, administrator, or assignee, to make such
application for a reference for the taxation and settlement of such
bill as the party chargeable therewith might himself make; and the
same reference and order shall be made thereupon, and the same
course pursued in all respects, as if such application was made by
the party so chargeable with such bill as aforesaid: Provided
always, that in case such application is made when under the
provisions herein contained a reference is not authorized to be made
except under special circumstances, it shall be lawful for the court
or judge to whom such application shall be made to take into
consideration any additional special circumstances applicable to the
person making such application, although such circumstances might not
be applicable to the party so chargeable with the said bill as
aforesaid as if he were the party making the application.

SOLICITORS (IRELAND) ACT 1849 - SECT 4
Taxation of bills chargeable on trustees, executors, &c.

4. It shall be lawful, in any case in which a trustee, executor,
or administrator has become chargeable with any such bill as
aforesaid, for the Lord High Chancellor or the Master of the Rolls,
if in his discretion he shall think fit, upon the application of a
party interested in the property out of which such trustee,
executor, or administrator may have paid or been entitled to pay
such bill, to refer the same, and such solicitor's, or executor's,
administrator's, or assignee's demand thereupon, to be taxed and
settled by the proper officer of the High Court of Chancery, with
such directions and subject to such conditions as such judge shall
think fit, and to make such order as such judge shall think fit
for the payment of what may be found due, and of the costs of
such reference, to or by such solicitor, or the executor,
administrator, or assignee of such solicitor, by or to the party
making such application, having regard to the provisions herein
contained relative to applications for the like purpose by the party
chargeable with such bill, so far as the same shall be applicable
to such cases; and in exercising such discretion as aforesaid the
said judge may take into consideration the extent and nature of the
interest of the party making the application: Provided always, that
where any money shall be so directed to be paid by such solicitor,
or the executor, administrator, or assignee of such solicitor, it
shall be lawful for such judge, if he shall think fit, to order
the same or any part thereof to be paid to such trustee, executor,
or administrator so chargeable with such bill, instead of being paid
to the party making such application; and when the party making
such application shall pay any money to such solicitor, or executor,
administrator, or assignee of such solicitor, in respect of such
bill, he shall have the same right to be paid by such trustee,
executor, or administrator so chargeable with such bill as such
solicitor, or executor, administrator, or assignee of such solicitor,
had.

SOLICITORS (IRELAND) ACT 1849 - SECT 5
Copy of bill to be delivered to third party applying for taxation.

5. For the purpose of any such reference upon the application of
the person not being the party chargeable within the meaning of the
provisions of this Act as aforesaid, or of a party interested as
aforesaid, it shall be lawful for such court or judge to order any
such solicitor, or the executor, administrator, or assignee of any
such solicitor, to deliver to the party making such application a
copy of such bill, upon payment of the costs of such copy:
Provided always, that no bill which shall have been previously taxed
and settled shall be again referred, unless, under special
circumstances, the court or judge to whom such reference is made
shall think fit to direct a re-taxation thereof.

SOLICITORS (IRELAND) ACT 1849 - SECT 6
Payment of bill not to preclude reference to taxation under special
circumstances.

6. The payment of any such bill as aforesaid shall in no case
preclude the court or judge to whom application shall be made from
referring such bill for taxation, if the special circumstances of
the case shall in the opinion of such court or judge appear to
require the same, upon such terms and conditions and subject to
such directions as to such court or judge shall seem right,
provided the appplication for such reference be made within twelve
calendar months after payment.

SOLICITORS (IRELAND) ACT 1849 - SECT 7
Assistance of other officers in taxing.

7. In all cases in which such bill shall have been referred to be
taxed and settled, the officer to whom such reference is made shall
be at liberty to request 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 have the same powers
in respect thereof as upon a reference to him by the court of
which he is such officer, and shall return the same, with his
opinion thereon, to the officer who shall have so requested him to
tax and settle the same.

SOLICITORS (IRELAND) ACT 1849 - SECT 8
Form of application and effect of taxation.

8. All applications made under this Act to refer any such bill as
aforesaid to be taxed and settled, and for the delivery of such
bill, and for the delivering up of deeds, documents, and papers,
shall be made in the matter of such solicitor; and upon the
taxation and settlement of any such bill the certificate of the
officer by whom such bill shall be taxed shall (unless set aside
or altered by order, decree, or rule of court,) be final and
conclusive as to the amount thereof, and payment of the amount
certified to be due and directed to be paid may be enforced
according to the course of the court in which such reference shall
be made; and in case such reference shall be made in any court of
common law it shall be lawful for such court or any judge thereof
to order judgment to be entered up for such amount, with costs,
unless the retainer shall be disputed, or to make such other order
thereon as such court or judge shall deem proper.

SOLICITORS (IRELAND) ACT 1849 - SECT 9
Interpretation.

9. In the construction of this Act the word "month" shall be taken
to mean a calendar month; and every word importing the singular
number only shall extend 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 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; 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.

S.10 rep. by SLR 1875






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URL: http://www.bailii.org/nie/legis/num_act/sa1849206.txt