The Short Title of this Act shall be “The Parliamentary Costs Taxation Act 1861.”

The Speaker of the Legislative Council and the Speaker of the House of Representatives shall appoint a fit person to be the Taxing Officer of the Houses of the General Assembly and in case they do not make such appointment after ten days notice of the necessity having arisen given by one to the other of them the Governor shall make such appointment and every person so appointed shall hold his office during the pleasure of the Governor and shall execute the duties of his office conformably to such directions as he may from time to time receive from the said Speakers.

The Speaker of the Legislative Council and the Speaker of the House of Representatives may from time to time prepare a list of such charges as it shall appear to them respectively that Parliamentary Agents Solicitors and others may justly make with reference to the several matters comprised in such list so far as concerns the Legislative Council and the House of Representatives respectively and the several charges therein respectively specified shall be the utmost charges thenceforth to be allowed upon the Taxation of any 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.

For the purpose of any such Taxation the 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 Solicitor of the Supreme Court relative to such costs charges or expenses and any person who on such examination upon Oath or in any such affidavit shall wilfully or corruptly give false evidence shall be liable to the penalties of wilful and corrupt perjury.

The Taxing Officer shall be empowered to call for the production of any books or writings in the hands of any party to such Taxation relating to the matters of such Taxation Provided always that nothing herein contained shall be construed to authorise such Taxing Officer to determine the amount of fees which may have been payable to the House of Representatives or the Legislative Council in respect of the proceedings upon any Private Bill.

It shall be lawful for the Taxing Officer to demand and receive for any such Taxation such fees as the Legislative Council and the House of Representatives respectively may from time to time by any Standing Order authorise 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 by him in such manner as shall be directed by any such Standing Order as aforesaid.

If any person upon whom any demand shall be made by any Parliamentary Agent or Solicitor or Executor Administrator or Assignee of such Parliamentary Agent or Solicitor or other person for any costs charges or expenses in respect of any proceedings of either House of the General Assembly relating to any petition for a Private Bill or in respect of complying with the Standing Orders of the said Houses or either of them relative thereto or in preparing bringing in or carrying the same through or in opposing the same in the Legislative Council or in the House of Representatives or if any Parliamentary Agent or Solicitor or other person who shall be aggrieved by the non-payment of any costs charges and expenses incurred or charged by him in respect of any such proceedings as aforesaid shall make application to the Taxing Officer at his office for the Taxation of such costs charges and expenses the Taxing Officer on receiving a true copy of the bill of such costs charges and expenses which shall have been delivered sent or left to or with 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 or Solicitor or the Executor Administrator or Assignee of such Parliamentary Agent 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 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 respective Speakers as herein-after provided Provided always that no such application shall be entertained by the Taxing Officer if made by the party charged with such bill after a verdict shall have been obtained in any action for the recovery of the demand of any such Parliamentary Agent or Solicitor or the Executor Administrator or Assignee of such Parliamentary Agent 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 respective Speakers if they shall so think fit on receiving a report of special circumstances from the said Taxing Officer to direct such Bill to be Taxed.

The Taxing Officer shall if required by either party report his Taxation to the respective Speakers 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 within twenty-one clear days after any such report shall have been made either party may deposit in the office of the Taxing Officer a Memorial addressed to the Speakers complaining of such report or any part thereof and the respective Speakers may if they shall so think fit refer the same together with such report to the 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 the respective Speakers shall upon application made to them 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 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 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.