Statute Law Revision Act 1878

An Act for promoting the Revision of the Statute Law by repealing certain Enactments which have ceased to be in force or have become unnecessary. [16th August 1878.]

WHEREAS, with a view to the revision of the Statute Law, and particularly to the preparation of the Revised Edition of the Statutes now in progress, it is expedient that certain enactments (mentioned in the First Schedule to this Act) which may be regarded as spent, or have ceased to be in force otherwise than by express and specific repeal by Parliament, or have, by lapse of time and change of circumstances, become unnecessary, should be expressly and specifically repealed:

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 authority of the same as follows:

Enactments in first schedule repealed.

1. The enactments described in the First Schedule to this Act are hereby repealed, subject to the excpetions and qualifications in the said schedule mentioned:

Savings.

Provided, that where any enactment not comprised in the said schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act;

and the repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated, or referred to;

nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon, or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto;

and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,-or any existing status or capacity,-or any right or title already acquired or accrued, or any remedy or proceeding in respect thereof,-or any release or discharge of or from any debt, penalty, claim, or demand,-or any indemnity,-or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, or established jurisdiction, form or course of pleading, practice, or procedure, or existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, or emolument, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;

nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter or thing not now existing or in force;

and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of Her Majesty's Dominions out of the United Kingdom, except where otherwise expressed in the said First Schedule.

Enactments in Second Schedule (repealed by Statute Law Revision Acts, 1873, 1875,) revived.

2. The enactments described in the Second Schedule to this Act, which were repealed by the Statute Law Revision Acts, 1873 and 1875, respectively, are hereby revived as from the respective dates of the repeals thereof; and all proceedings taken under the said enactments respectively since the dates of the respective repeals thereof shall be as valid and effectual as if the said enactments respectively had not been repealed.

Amendment of Statute Law Revision Act, 1875, as to partial repeal of 29 & 30 Vict. c. 118.

3. The Statute Law Revision Act, 1875, shall be read and construed as if in the entry in the schedule to that Act relating to the Act passed in the twenty-ninth and thirtieth years of Her present Majesty, chapter one hundred and eighteen, the words "The First Schedule" had been substituted for the words "The Schedule."

Short title.

4. This Act may be cited as the Statute Law Revision Act, 1878.

SCHEDULES.

The First Schedule, so far as respects Acts of the reign of Queen Anne, refers to the Edition prepared under the direction of the Record Commission, intituled "The Statutes of the Realm ; printed by Command of His Majesty King George the Third, in pursuance of an Address of the House of Commons of Great Britain. From original Records and authentic Manuscripts."

A description or citation of a portion of an Act is inclusive of the words, section, or other part first or last mentioned, or otherwise referred to as forming the beginning, or as forming the end, of the portion comprised in the description or citation.

THE FIRST SCHEDULE.

ENACTMENTS REPEALED.

ANNE.

6 Anne. c. 41. ([1]) in part.	An Act for the Security of Her Majesties Person and Government and of the Succession to the Crown of Great Britain in the Protestent Line	in part; namely,-
	Section Four, from "for and during" to "above-mentioned," and from "and continue" to the end of that Section.
	Section Five, from "for and during" to the end of that Section.
c. 53. ([2]) in part.	An Act for settling and establishing a Court of Exchequer in the North Part of Great Britain called Scotland	in part; namely,-
	Section Twenty-six. ([3])

THE SECOND SCHEDULE.

ENACTMENTS REVIVED.

GEORGE IV.

9 Geo. 4. c. 58. in part.	An Act the title of which begins with the words-An Act to regulate the granting of certificates-and ends with the words-prevention of such houses being kept without such certificate	in part; namely,-
	Section Two.
	Section Three, from "Provided always," to the end of that Section.
	Section Four, from "Provided always," to the end of that Section.
	Section Eighteen.
	Section Twenty-three, from "and all such" to the end of that Section.
	So much of the form in the Schedule, designated by the letter A., as prescribes the form of deliverance at the end of each days register.
	So much of the form in the Schedule, designated by the letter D., prescribes the form of a warrant of imprisonment, and the note to that form.
10 Geo. 4. c. 44. in part.	An Act for improving the Police in and near the Metropolis	in part; namely,-
	Section Nine.

VICTORIA.

8 & 9 Vict. c. 100. in part.	An Act for the Regulation of the Care and Treatment of Lunatics	in part; namely,-
	So much of Sections Ninety-nine and One hundred and five as was repealed by the Statute Law Revision Act, 1875.
9 & 10 Vict. c. 115. in part.	An Act the title of which begins with the words-An Act to amend the Laws as to District Lunatic Asylums in Ireland ;-and ends with the words-Inspector of Lunatics in Ireland	in part; namely,-
	Section Two, except so much thereof as was repealed by 18 & 19 Vict. c. 109. s. 4.
	Section Three.
16 & 17 Vict. c. 67. in part.	An Act for the better Regulation of Public Houses in Scotland	in part; namely,-
	Section Eleven, to "contained in the said Schedule".
	Section Twelve.
	So much of the Schedule as prescribes the form of the register of applications.

1. Chap. 7 in the ordinary editions.
2. Chap. 26 in the ordinary editions.
3. Sect. 18 in the ordinary editions.