Solicitors (Ireland) Act 1849

• Jurisdiction: Ireland
• Citation: 1849 c. 53

Anno Regni VICTORI, Britanniarum Regin,Duodecimo & Decimo Tertio. An Act for consolidating and amending several of the Laws relating to Attornies and Solicitors inIreland .

(12 & 13 Vict.) C A P. LIII.

[28th July 1849]

'WHEREAS it is expedient to amend several of the Laws relating to Attornies and Solicitors practising inIreland: ' Be it therefore 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 ^Authorityof the same, That from and after the passing of this Act so much of an Act passed in the Parliament ofIreland in the Seventh Year of the Reign of George the Second, intituled An Act for the Relief of Mortgagees, and for making the Process in Courts of Equity more effectual against Mortgagors who abscond and cannot be served therewith, and against Persons who, being served, refuse to appear, and also for better regulating the Payment of the Fees of Attornies and Solicitors , as relates to the better regulating the Payment of the Fees of Attornies and Solicitors, and also another Act passed in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty King George the Fourth, intituled Irelandpassed in the Seventh Year of the Reign of His Majesty King George the Second, for better regulating the Payment of Fees of Attornies and Solicitors, and other Purposes therein mentioned, be and the same are hereby repealed, save so far as such Acts or Parts of Acts, or any of them, repeal the whole or any Part of the same or any other Act or Acts, and also save and except so far as relates to any Matters or Things done at any Time before the passing of this Act, all which Matters and Things shall be and remain good, valid, and effectual to all Intents and Purposes whatsoever as if this Act had not passed, and also save and except as to the Recovery and Application of any Penalty for any Offence which shall have been committed before the passing of this Act.

II Attornies and Solicitors not to commence an Action for Fees until One Month after Delivery of their Bill.

II. And be it enacted, That from and after the passing of this Act no Attorney or Solicitor, nor any Executor, Administrator, or Assignee of any Attorney or Solicitor, shall commence or maintain any Action or Suit for the Recovery of any Fees, Charges, or Disbursements for any Business done by such Attorney or Solicitor, until the Expiration of One Month after such Attorney or Solicitor, or Executor, Administrator, or Assignee of such Attorney or 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 Attorney or 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 Attorney or Solicitor, or be enclosed in or accompanied by a Letter, subscribed in like Manner, referring to such Bill; and upon the ^Applicationof 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 Attorney or 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 Attorney or Solicitor, or Executor, Administrator, or Assignee of such Attorney or Solicitor, from commencing any Action or Suit touching such ^Demandpending such Reference; and in case no such Application as aforesaid shall be made within such Month as aforesaid, that it shall be lawful for such Reference to be made as aforesaid either upon the Application of the Attorney or Solicitor, or the Executor, Administrator, or Assignee of the Attorney or Solicitor, whose Bill may have been so as aforesaid delivered, sent, or left, or upon the Application of the...