Statute Law Revision and Civil Procedure Act 1881
The Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59) is an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to civil procedure from 1235 to 1880 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.
Background
[edit]In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.[3]
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law.[2] The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law.[2] The Commission made four reports.
An alternative approach, focusing on expunging obsolete laws from the statute book, followed by consolidation, was proposed by Peter Locke King MP, who was heavily critical of the expenditure of the Commission and the lack of results.[4] This approach was taken by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64), considered to be the first Statute Law Revision Act.[2]
On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.[2]
| Year passed |
Title | Citation | Effect |
|---|---|---|---|
| 1861 | Statute Law Revision Act 1861 | 24 & 25 Vict. c. 101 | Repealed or amended over 800 enactments |
| 1863 | Statute Law Revision Act 1863 | 26 & 27 Vict. c. 125 | Repealed or amended over 1,600 enactments for England and Wales |
| 1867 | Statute Law Revision Act 1867 | 30 & 31 Vict. c. 59 | Repealed or amended over 1,380 enactments |
| 1870 | Statute Law Revision Act 1870 | 33 & 34 Vict. c. 69 | Repealed or amended over 250 enactments |
| 1871 | Promissory Oaths Act 1871 | 34 & 35 Vict. c. 48 | Repealed or amended almost 200 enactments |
| 1871 | Statute Law Revision Act 1871 | 34 & 35 Vict. c. 116 | Repealed or amended over 1,060 enactments |
| 1872 | Statute Law Revision Act 1872 | 35 & 36 Vict. c. 63 | Repealed or amended almost 490 enactments |
| 1872 | Statute Law (Ireland) Revision Act 1872 | 35 & 36 Vict. c. 98 | Repealed or amended over 1,050 enactments |
| 1872 | Statute Law Revision Act 1872 (No. 2) | 35 & 36 Vict. c. 97 | Repealed or amended almost 260 enactments |
| 1873 | Statute Law Revision Act 1873 | 36 & 37 Vict. c. 91 | Repealed or amended 1,225 enactments |
| 1874 | Statute Law Revision Act 1874 | 37 & 38 Vict. c. 35 | Repealed or amended over 490 enactments |
| 1874 | Statute Law Revision Act 1874 (No. 2) | 37 & 38 Vict. c. 96 | Repealed or amended almost 470 enactments |
| 1875 | Statute Law Revision Act 1875 | 38 & 39 Vict. c. 66 | Repealed or amended over 1,400 enactments |
| 1876 | Statute Law Revision (Substituted Enactments) Act 1876 | 39 & 40 Vict. c. 20 | Updated references to repealed acts |
| 1878 | Statute Law Revision (Ireland) Act 1878 | 41 & 42 Vict. c. 57 | Repealed or amended over 460 enactments passed by the Parliament of Ireland |
| 1878 | Statute Law Revision Act 1878 | 41 & 42 Vict. c. 79 | Repealed or amended over 90 enactments. |
| 1879 | Statute Law Revision (Ireland) Act 1879 | 42 & 43 Vict. c. 24 | Repealed or amended over 460 enactments passed by the Parliament of Ireland |
| 1879 | Civil Procedure Acts Repeal Act 1879 | 42 & 43 Vict. c. 59 | Repealed or amended over 130 enactments |
Passage
[edit]The Statute Law Revision and Civil Procedure Bill had its first reading in the House of Lords on 1 July 1881, presented by the Lord Chancellor, Roundell Palmer, 1st Baron Selborne.[5] The bill had its second reading in the House of Lords on 7 July 1881, introduced by the Lord Chancellor, Roundell Palmer, 1st Baron Selborne, and was committed to a committee of the whole house,[5] which met and reported on 8 July 1881, without amendments.[5] The bill had its third reading in the House of Lords on 15 July 1881 and passed, without amendments.[5]
The bill had its first reading in the House of Commons on 20 July 1881.[6] The bill had its second reading in the House of Commons on 26 July 1881 and, following a division,[7] was committed to a committee of the whole house,[6] which met and reported on 18 August 1881, without amendments.[6] The bill had its third reading in the House of Commons on 22 August 1881 and passed, without amendments.[6]
The bill was granted royal assent on 27 August 1881.[5]
Legacy
[edit]The act was criticised for not including any repeals related to the Common Law Procedure Act 1852 (15 & 16 Vict. c. 76) and for not repealing Keating's Act/Victoria Constitution Act 1855 (18 & 19 Vict. c. 55).[8] The act was also criticised for repealing part of the Statute of Frauds (29 Cha. 2. c. 33) and for reviving the power of surveyors of taxes to make domiciliary visits, a power taken away by the Taxes Management Act 1880 (43 & 44 Vict. c. 19).[8][9]
The schedule to the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).
The Crown Office Rules 1906 were made under the authority conferred by this section. As to this section and those rules, see R v Amendt.[10]
Section 6 of the act was repealed by section 226(1) of, and Schedule 6 to, the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5. c. 49).
The act was repealed by section 1(1) of, and Part XI of Schedule 1 to, the Statute Law (Repeals) Act 1989.
Repealed acts
[edit]Section 2 of the act provided that the act did not extend to Scotland or Ireland.[11]
Section 3 of the act repealed 98 enactments, listed in the schedule to the act, across six categories:[12][d]
- Expired
- Spent
- Repealed in general terms
- Virtually repealed
- Superseded
- Obsolete
Section 4 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts.[11]
Section 5 of the act provided that any repeals would not revive any former rights, offices, or jurisdictions that had already been abolished.[11]
Section 6 of the act extended the powers in the Judicature Acts, including the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77) to make rules of court.[11]
| Citation | Short title | Title | Extent of repeal |
|---|---|---|---|
| 20 Hen. 3. c. 1 | Damages on Writ Dower Act 1235 | The Provisions of Merton. Chapter one. Damages to widows on a writ of dower. | The whole act. |
| 52 Hen. 3. c. 3 | Resisting King's officers in replevin, etc. | The Statute of Marlborough. Chapter three. Of resisting the King's officers in replevin. Distresses for services not due. | The whole act. |
| 52 Hen. 3. c. 5 | Confirmation of charters | The Statute of Marlborough. Chapter five. Confirmation of the Great Charter. Charter of the Forest. | The whole act. |
| 52 Hen. 3. c. 9 | Suits of Court Act 1267 | The Statute of Marlborough. Chapter nine. Who shall try suits of Court. Suits of Court by parceners, &c. The tenant's remedy against the lord, distraining for suits not due. The lord's remedy against the tenants, withholding their due suits. | The whole act. |
| 52 Hen. 3. c. 10 | Sheriff's tourns | The Statute of Marlborough. Chapter ten. Exemptions from attending the sheriff's turns. | The whole act. |
| 52 Hen. 3. c. 21 | Replevin | The Statute of Marlborough. Chapter twenty-one. Sheriff, upon plaint, shall make replevin. | The whole act. |
| 52 Hen. 3. c. 23 | Waste Act 1267 | The Statute of Marlborough. Chapter twenty-three. Remedy against accountants. Farmers shall do no waste. Remedy thereon. | from "and it is provided" to "make their account." |
| 3 Edw. 1. c. 19 | Crown Debts Act 1275 | The Statutes of Westminster; the First. Sheriff, &c. receiving the King's debts shall acquit the debtor. Penalty. Taking of summons. | The whole act. |
| 13 Edw. 1. c. 2 | Real actions | The Statutes of Westminster; the Second. Chapter two. Mischiefs to lords distraining their tenants by replevin. A recordare to remove the plaint out of the county courts. Pledges to prosecute a replevin. Replevin of distress after judgment for return. Writ of second deliverance. Distress irreplevible. | The whole act. |
| 13 Edw. 1. c. 30 | Justices of nisi prius, etc. | The Statutes of Westminster; the Second. Chapter thirty. Assignment of justices of nisi prius. Adjournment of assises. Inquisitions of trespas, &c. may be determined before justices of nisi prius. The writ of nisi prius. Proceedings after verdict. Clerks of nisi prius precluded that there shall be repel'd before another in their own clerks. Double verdicts. None shall be in prius unless summoned. | The whole act. |
| 13 Edw. 1. c. 31 | Bills of exceptions | The Statutes of Westminster; the Second. Chapter thirty-one. Proceedings on bills of exceptions. | The whole act. |
| 21 Edw. 1 | Justices of Assize Act 1293 | Statute of the Justices of Assise. | The whole act.[e] |
| 27 Edw. 1 | Statutum de Finibus Levatis | The Statute of Fines levied. | The whole act. |
| 28 Edw. 1. c. 16 | False returns | Articles upon the Charters. Chapter sixteen. False returns. | The whole act. |
| 9 Edw. 2. stat. 2 | Statutum Lincoln' de Vicecomitibȝ | The Statute of Sheriffs. | from "and that the execution of writs" to end of Statute. |
| 12 Edw. 2 | Statutum Eborac' | The Statute of York. | The whole act. |
| Statutes of uncertain date | Les Estatuz del Eschekere | The Statutes of the Exchequer. | from "And the treasurer and barons" to "the King's revenue." |
| 1 Edw. 3. stat. 1. c. 1 | Personal | Statute the First. | The whole act. |
| 1 Edw. 3. stat. 1. c. 2 | Personal | Statute the First. | The whole act. |
| 1 Edw. 3. stat. 1. c. 3 | Civil Procedure, etc. Act 1327 | Statute the First. | The whole act. |
| 1 Edw. 3. stat. 1. c. 4 | False Judgment | Statute the First. | The whole act. |
| 1 Edw. 3. stat. 1. c. 5 | Liberty | Statute the First. | The whole act. |
| 2 Edw. 3. c. 2 | Pardons for Felony, Justices of Assize, etc. Act 1328 | Statute made at Northampton. Chapter two. Pardons for felony. Justices of assise and gaol delivery. Oyers and terminers. | The whole act. |
| 4 Edw. 3. c. 1 | Justices of assise & gaol delivery: justices of the peace | Statute made at Westminster. | Except chapter seven. |
| 4 Edw. 3. c. 9 | Hundred: Sheriff | Statute made at Westminster. | Except chapter seven. |
| 4 Edw. 3. c. 11 | Justices of assize | Statute made at Westminster. | Except chapter seven. |
| 14 Edw. 3. stat. 1. c. 16 | Nisi prius | Statute made at Westminster. Chapter sixteen. Nisi prius may be granted before a justice of Common Pleas in his own county or before justices of assise or before justices of nisi prius appointed by the King in the time appointed by the law; or before justices of assise, and justices of nisi prius may give judgments at nisi prius against darrain presentment. | The whole act. |
| 18 Edw. 3. stat. 3. c. 5 | Prohibitions | Statute the Third. Chapter five. Prohibitions. | The whole act. |
| 20 Edw. 3 Ordinance for the Justices c. 1 | Civil Procedure Act 1346 | Ordinance for the Justice. | The whole act. |
| 20 Edw. 3 Ordinance for the Justices c. 2 | Exchequer Court | Ordinance for the Justice. | The whole act. |
| 20 Edw. 3 Ordinance for the Justices c. 3 | Maintenance and Champerty | Ordinance for the Justice. | The whole act. |
| 20 Edw. 3 Ordinance for the Justices c. 6 | Justices of Assize | Ordinance for the Justice. | The whole act. |
| 8 Ric. 2. c. 1 | Confirmation of liberties, etc | Statute made at Westminster in the Eighth Year. | The whole act. |
| 8 Ric. 2. c. 2 | Justices of assize, etc. | Statute made at Westminster in the Eighth Year. | The whole act. |
| 8 Ric. 2. c. 3 | Administration of justice | Statute made at Westminster in the Eighth Year. | The whole act. |
| 8 Ric. 2. c. 4 | False entries of pleas, etc. | Statute made at Westminster in the Eighth Year. | The whole act. |
| 8 Ric. 2. c. 6 | Jurisdiction of constable and marshal | Statute made at Westminster in the Eighth Year. | The whole act. |
| 11 Ric. 2. c. 10 | N/A | The Statute made at Westminster in the Eleventh year. | The whole act. |
| 12 Ric. 2. c. 10 | Justices of the Peace Quarter Sessions Act 1388 | Statute made at Cambridge in the Twelfth year. Chapter ten. Six justices of the peace in each county; Quarterly sessions, &c. Wages of justices and their clerk. No steward, &c. shall be assigned. Judges, &c., need not attend the sessions regularly. | from "and that no steward of any lord shall be assigned" to "in any of the said Commissions." |
| 13 Ric. 2. stat. 1. c. 4 | Clerk of market of King's house | Statute of the Thirteenth Year. | Except chapter one. |
| 13 Ric. 2. stat. 1. c. 5 | Jurisdiction of admiral and deputy | Statute of the Thirteenth Year. | Except chapter one. |
| 13 Ric. 2. stat. 1. c. 7 | Justices of the Peace Act 1389 | Statute of the Thirteenth Year. | Except chapter one. |
| 7 Hen. 4. c. 3 | Fines and Forfeitures | Statute of the Seventh Year. Chapter three. The rolls of estreats of issues, fines, &c., shall contain particular of the order and forfeiture, &c. The Statute 42 Edw. 3. c. 9., touching gathering of Green Wax, confirmed. | The whole act. |
| 34 & 35 Hen. 8. c. 26 | Laws in Wales Act 1542 | All Acts for certain Ordinances in the King's Dominions and Principality of Wales. | Sections five to twenty-two, twenty-nine to fifty-two, seventy-three to seventy-seven, eighty-nine, eighty-three, eighty-eight, eighty-nine, ninety-six, ninety-nine, one hundred and three, one hundred and thirteen, one hundred and fourteen, and one hundred and fifteen. |
| 23 Eliz. c. 3 | Fines and Recoveries Act 1580 | An Act for the reformation of errors in fines and recoveries. | The whole act. |
| 17 Chas. 2. c. 7 | Distresses and Avowries for Rents Act 1665 | An Act for more speedy and effectual proceeding upon distresses and avowryes for rents. | The whole act. |
| 29 Chas. 2. c. 3 | Statute of Frauds | An Act for Prevention of Frauds and Perjuries. | Section ten, to "execution shall be sued," and Section seventeen. |
| 12 & 13 Will. 3. c. 2 | Act of Settlement | An Act for the further Limitation of the Crown, and better securing the rights and liberties of the Subject. | Section three, from "That after the said limitation shall take effect as aforesaid, judges commissions" to "remove them." |
| 9 Anne. c. 25 | Municipal Offices Act 1710 | An Act the title whereof begins with the words,—An Act for rendering,—and ends with the words,—in corporations and boroughs. | from "An Act for rendering" to "in corporations and boroughs". |
| 5 Geo. 2. c. 27 | Process for Small Debts Act 1731 | An Act to explain, amend, and render more effectual an Act, made in the twelfth year of the reign of His late Majesty King George the First [intituled an Act to prevent frivolous and vexatious Arrests]. | The whole act. |
| 11 Geo. 2. c. 19 | Distress for Rent Act 1737 | An Act for the more effectual securing the payment of Rents and preventing Frauds by Tenants. | Section twenty-three. |
| 12 Geo. 2. c. 27 | Justices of Assize Act 1738 | An Act the title whereof begins with the words,—An Act for explaining and amending,—and ends with the words,—Justice of Assize in his County. | The whole act. |
| 43 Geo. 3. c. 161 | House Tax Act 1803 | An Act the title whereof begins with the words,—An Act for repealing,—and ends with the words,—on Commission. | Section ten, from "and where any such dwelling-house" to end of section. |
| 52 Geo. 3. c. 101 | Charities Procedure Act 1812 | An Act to provide a summary remedy in cases of abuses of trusts created for charitable purposes. | Section one, from "and such order shall be final and conclusive unless" to end of section. |
| 1 Will. 4. c. 7 | Execution of Judgments Act 1831 | An Act the title whereof begins with the words,—An Act for the more speedy judgment,—and ends with the words,—in cases of bankruptcy. | Sections four, eight, and nine. |
| 1 Will. 4. c. 21 | Prohibition and Mandamus Act 1831 | An Act to improve the proceedings in Prohibition and on Writs of Mandamus. | Section six. |
| 2 & 3 Will. 4. c. 33 | Service of Process out of the Jurisdiction (England and Ireland) Act 1832 | An Act to effectuate the service of process issuing from the Courts of Chancery and Exchequer in England and Ireland respectively. | Sections nine and eleven, the words "of England," "England or," and "respectively" in Section three. |
| 3 & 4 Will. 4. c. 42 | Civil Procedure Act 1833 | An Act for the further amendment of the Law and the better advancement of Justice. | Sections twenty-three, twenty-four, and twenty-five, except as far as these sections may be in force as regards any court other than the Supreme Court of Judicature in England. |
| 5 Vict. c. 5 | Court of Chancery Act 1841 | An Act to make further provisions for the administration of justice. | In section five the words "in the form set out in the first schedule to this Act," section six, and the first schedule. |
| 5 & 6 Vict. c. 54 | Tithe Act 1842 | An Act the title whereof begins with the words,—An Act to amend,—and ends with the words,—time to be limited. | Section seventeen. |
| 6 & 7 Vict. c. 67 | Writs of Mandamus Act 1843 | An Act to enable parties to sue out and prosecute Writs of Error in certain cases on the proceedings on Writs of Mandamus. | Section one, from "and it shall be lawful," to end of section, and section two. |
| 12 & 13 Vict. c. 96 | Admiralty Offences (Colonial) Act 1849 | The Admiralty Offences Colonial Act, 1849. | Section five, from "and the word 'governor'" to end of section. |
| 13 & 14 Vict. c. 35 | Court of Chancery (England) Act 1850 | An Act to diminish the delay and expense of proceedings in the High Court of Chancery in England. | Except sections nineteen to twenty-five. |
| 15 & 16 Vict. c. 80 | Master in Chancery Abolition Act 1852 | An Act to abolish the office of Master in Ordinary of the High Court of Chancery, and to make provision for the more speedy and efficient dispatch of business in the said Court. | In section fifteen the words "and enrolled," section twenty-one from "but subject," and sections fifty-three and fifty-six. |
| 15 & 16 Vict. c. 86 | Court of Chancery Procedure Act 1852 | An Act to amend the practice and course of proceeding in the High Court of Chancery. | Sections one to ten, twelve to twenty-one, twenty-six to thirty, thirty-six, thirty-seven, forty-nine, fifty-one, fifty-two, and fifty-three, fifty-eight to sixty-two, and schedule. |
| 15 & 16 Vict. c. 87 | Suitors in Chancery Relief Act 1852 | An Act for the relief of the suitors of the High Court of Chancery. | Section four. |
| 17 & 18 Vict. c. 78 | Admiralty Court Act 1854 | An Act to appoint persons to administer oaths, and to substitute stamps in lieu of fees, and for other purposes, in the High Court of Admiralty of England. | Section five. |
| 17 & 18 Vict. c. 82 | Court of Chancery of Lancaster Act 1854 | An Act further to improve the administration of justice in the Court of Chancery of the County Palatine of Lancaster. | Sections two to five. |
| 18 & 19 Vict. c. 45 | Commissions of Assize in County Palatine of Lancaster Act 1855 | An Act for further assimilating the practice in the Court Palatine of Lancaster to that of other counties with respect to the trial of issues from the Court of Chancery. | The whole act. |
| 18 & 19 Vict. c. 90 | Crown Suits Act 1855 | An Act the title whereof begins with the words, "An Act for the payment of costs," and ends with the words, "Court of Exchequer". | In section three the words "for the Barons of Her Majesty's Court of Exchequer in England, or any three of them," and "and also." |
| 19 & 20 Vict. c. 86 | Cursitor Baron of the Exchequer Act 1856 | An Act to abolish the office of Cursitor Baron of the Exchequer. | The whole act. |
| 19 & 20 Vict. c. 113 | Foreign Tribunals Evidence Act 1856 | An Act to provide for taking evidence in Her Majesty's Dominions in relation to civil and commercial matters pending before foreign tribunals. | Section six, from "Provided" to the end of the section. |
| 20 & 21 Vict. c. 77 | Court of Probate Act 1857 | An Act to amend the law relating to probates and letters of administration in England. | Sections five, six, nine, twelve, twenty-five, forty, forty-one, and forty-five. |
| 21 & 22 Vict. c. 27 | Chancery Amendment Act 1858 | An Act to amend the course of procedure in the High Court of Chancery, the Court of Chancery in Ireland, and the Court of Chancery of the County Palatine of Lancaster. | Sections three, four, six, and seven. |
| 21 & 22 Vict. c. 95 | Court of Probate Act 1858 | An Act to amend the Act of the twentieth and twenty-first Victoria, chapter seventy-seven. | Sections one and two, section six from "and from and after," to end of section, section thirty-one, and Schedule. |
| 22 & 23 Vict. c. 6 | High Court of Admiralty Act 1859 | An Act to enable Serjeants, Barristers-at-Law, Attorneys, and Solicitors to practise in the High Court of Admiralty. | The whole act. |
| 22 & 23 Vict. c. 21 | Queen's Remembrancer Act 1859 | An Act to regulate the office of Queen's Remembrancer, and to amend the practice and procedure on the Revenue side of the Court of Exchequer. | Sections nine, ten, eleven, eighteen, nineteen, twenty, twenty-two, twenty-six, and twenty-seven. |
| 22 & 23 Vict. c. 59 | Railway Companies Arbitration Act 1859 | Railway Companies Arbitration Act, 1859. | In section twenty-six, the words, "and where requisite frame" for the purpose. |
| 23 & 24 Vict. c. 34 | Petitions of Right Act 1860 | The Petitions of Right Act, 1860. | Section fifteen. |
| 23 & 24 Vict. c. 54 | Court of Queen's Bench Act Amendment Act | An Act to amend an Act for abolishing certain offices on the Crown side of the Court of Queen's Bench, and for regulating the Crown Office. | The whole act. |
| 23 & 24 Vict. c. 127 | Solicitors Act 1860 | An Act to amend the laws relating to Attorneys, Solicitors, Proctors, and Certificated Conveyancers. | Section twenty-five. |
| 24 & 25 Vict. c. 10 | Admiralty Court Act 1861 | The Admiralty Court Act, 1861. | Sections fourteen, fifteen, seventeen, nineteen, twenty, twenty-two, and thirty-two. |
| 25 & 26 Vict. c. 42 | Chancery Regulation Act 1862 | The Chancery Regulation Act, 1862. | Except as far as it may be in force with respect to the Court of Chancery of the County Palatine of Lancaster. |
| 25 & 26 Vict. c. 67 | Declaration of Title Act 1862 | The Declaration of Title Act, 1862. | Sections forty and forty-one, section forty-two, from "and every such" to end of section, and the words "all general rules and orders made as aforesaid including" in section forty-three. |
| 25 & 26 Vict. c. 89 | Companies Act 1862 | The Companies Act, 1862. | In section thirty-five the words "if a court of common law," and the words "on a writ of error or appeal in the manner directed by 'The Common Law Procedure Act, 1854,' shall lie"; Section one hundred and seventy. |
| 26 & 27 Vict. c. 122 | Power to Alter the Circuits of Judges Act 1863 | An Act to enable Her Majesty in Council to make alterations in the Circuits of the Judges. | Section three. |
| 28 & 29 Vict. c. 104 | Crown Suits, &c. Act 1865 | The Crown Suits, &c. Act, 1865. | Sections twenty-six, twenty-eight, and thirty, section fifty-eight, from "and such judgment" to end of section, sections sixty and sixty-two, and section sixty-three from "on general rules" to end of section. |
| 30 & 31 Vict. c. 64 | Court of Appeal in Chancery Act 1867 | An Act to make further provision for the dispatch of Business in the Court of Appeal in Chancery. | The whole act. |
| 30 & 31 Vict. c. 68 | Common Law Chambers Act 1867 | An Act to provide for the better dispatch of Business in the Chambers of the Judges of the Supreme Court of Common Law. | The whole act. |
| 30 & 31 Vict. c. 87 | Court of Chancery (Officers) Act 1867 | The Court of Chancery (Officers) Act, 1867. | Sections one and five. |
| 30 & 31 Vict. c. 131 | Companies Act 1867 | The Companies Act, 1867. | In section twenty, the words "one hundred and seventieth." |
| 31 & 32 Vict. c. 11 | Court of Appeal in Chancery Act 1868 | An Act to amend an Act to make further provision for the despatch of Business in the Court of Appeal in Chancery. | The whole act. |
| 31 & 32 Vict. c. 40 | Partition Act 1868 | The Partition Act, 1868. | Section eleven. |
| 31 & 32 Vict. c. 54 | Judgments Extension Act 1868 | The Judgments Extension Act, 1868. | In section seven, the words "Westminster and," and "England and," and the words "respectively" wherever it occurs. |
| 33 & 34 Vict. c. 6 | Judges Jurisdiction Act 1870 | An Act to extend the jurisdiction of the Judges of the Superior Courts of Common Law at Westminster. | The whole act. |
| 43 & 44 Vict. c. 19 | Taxes Management Act 1880 | The Trust Management Act, 1859. | In sub-section (2) (b.), the words "and all such orders shall be final and conclusive"; in sub-section (2) (d.) of the same section, the words "of the High Court" after the word "orders;" subsection (2) (e.) of the same section; and in subsection (3) of the same section the words "therein referred to." |
See also
[edit]Notes
[edit]- ^ Section 1.
- ^ Section 2.
- ^ The Acts of Parliament (Commencement) Act 1793.
- ^ The Note of the Bill, unlike the schedule, gives commentary on each act, noting any earlier repeals and the reason for the new repeal.
- ^ This act was already repealed for England and Wales by Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), for Ireland by Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. c. 53) and for India by Criminal Law (India) Act 1828 ([9 Geo. 4]]. c. 74)
References
[edit]- ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
- ^ a b c d e f Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. pp. 43–76. Retrieved 9 September 2024.
This article incorporates text from this source, which is in the public domain.
- ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
- ^ "Supply—Miscellaneous Estimates". Parliamentary Debates (Hansard). Vol. 142. Parliament of the United Kingdom: House of Commons. 2 June 1856. col. 865–880.
- ^ a b c d e Lords, Great Britain Parliament House of (1879). Journals of the House of Lords. Vol. 111. H.M. Stationery Office. pp. 182, 185, 212, 217, 223, 226, 288, 289, 330, 475.
- ^ a b c d Commons, Great Britain House of (1881). The Journals of the House of Commons (PDF). Vol. 136. pp. 389, 394, 405, 407, 411, 414, 420, 424, 442, 449, 458, 466, 469, 471, 473, 485, 494. Retrieved 29 October 2024.
- ^ "Statute Law Revision And Civil Procedure Bill—Lords". Parliamentary Debates (Hansard). Vol. 263. Parliament of the United Kingdom: House of Lords. 21 July 1881. col. 1595–1597.
- ^ a b The Solicitors' Journal and Reporter. Law Newspaper Company. 1881. pp. 692, 813, 882.
- ^ The Law Times. Office of The Law times. 1882. pp. 20, 231, 235, 248, 256, 275.
- ^ R v Amendt [1915] 2 KB 276 [1] [2]; (1915) 113 LT 35 [3] [4]; (1915) 84 LJKB 1259 [5] [6]; (1914) 30 TLR 543 [7]; (1915) 31 TLR 287 [8]; (1914) 78 JP 388 [9]; (1915) 79 JP 324 [10]. See also The Law Reports, Ten Years' Digest, 1911 to 1920, p dccxiii; and Halsbury's Statutes of England, 1st Ed, Butterworth & Co (Publishers) Ltd, 1930, vol 13: [11] [12], p 236; Darby, Bosanquet and Marchant, A Practical Treatise on the Statutes of Limitations in England and Ireland, 2nd Ed, 1893, p 538.
- ^ a b c d "The" Public General Acts: Passed in the ... Years of the Reign of ... Being the ... Session of the ... Parliament of the United Kingdom of Great Britain and Northern Ireland and the Church Assembly Measures. Law Journal Reports. 1879.
- ^ Commons, Great Britain Parliament House of (1881). Public Bills.
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