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Parliamentary Costs Act 1865 (repealed)
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Changes over time for: Section 5
Version Superseded: 05/11/1993
Alternative versions:
- 01/02/1991- Amendment
- 01/01/1992
Point in time - 05/11/1993- Amendment
- Stop date 01/04/2007- Amendment
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5 Recovery of costs when taxed. U.K.
The party entitled to such taxed costs or such sum named by the committee with such consent as aforesaid, or his executors or administrators, may demand the whole amount thereof, so certified as above, from any one or more of the persons liable to the payment thereof, and in case of nonpayment thereof on demand may recover the same by action in [F1the High Court at the Royal Courts of Justice or Belfast], or by action in the Court of Session in Scotland. In such action it shall be sufficient, in England or Ireland, for the plaintiff to declare that the defendant is indebted to him in the sum mentioned in the said certificate; and the said plaintiff shall, upon filing the said declaration, together with the said certificate and an affidavit of such demand as aforesaid, be at liberty to sign judgment as for want of plea by nil dicit, and take out execution for the said sum so mentioned in the said certificate, together with the costs of the said action, according to due course of law: Provided always, that the validity of such certificate shall not be called in question in any court.
Textual Amendments
F1Words substituted by virtue of S.R. & O. 1921/1804 (Rev. XVI, p. 967: 1921, p. 422), art. 7(b), Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), ss. 18, 224(1) and Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. I para. 1(1)
Modifications etc. (not altering text)
C1S. 5 applied with modifications by Private Legislation Procedure (Scotland) Act 1936 (c. 52), s. 6(6)
C2Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298; 1923, p. 400) art. 2
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