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Civil Procedure Acts Repeal Act 1879

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Civil Procedure Acts Repeal Act 1879[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act for repealing certain Enactments relating to Civil Procedure which have ceased to be in force, or have become unnecessary, and for abolishing Outlawry in Civil Proceedings.
Citation42 & 43 Vict. c. 59
Introduced byHugh Cairns, 1st Earl Cairns (Lords)
Territorial extent United Kingdom
Dates
Royal assent15 August 1879
Commencement15 August 1879[b]
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Amended by
Repealed byStatute Law Revision Act 1958
Relates to
Status: Repealed
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted

The Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59) was an act of the Parliament of the United Kingdom that repealed for the United Kingdom acts of parliament related to relating to civil procedure from ? to ?. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.

Section 7 of the Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49) provided that if and so far as any enactment repealed by this act applied, or may have been by Order in Council applied, to the Court of the County Palatine of Lancaster, or to any inferior court of civil jurisdiction, such enactment was to be construed as if it were contained in a local and personal act specially relating to such court, and was to have effect accordingly.

Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statues, 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. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).

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]

Passage

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The Civil Procedure Acts Repeal Bill had its first reading in the House of Lords on 27 June 1879, introduced by the Lord Chancellor, Hugh Cairns, 1st Earl Cairns.[4] The Bill had its second reading in the House of Lords on 11 July 1879 and was committed to a Committee of the Whole House,[4] which met and reported on 14 July 1879, without amendments.[4] The Bill had its third reading in the House of Lords on 15 July 1879 and passed, without amendments.[4]

The Bill had its first reading in the House of Commons on 21 July 1879.[5] The Bill had its second reading in the House of Commons on 24 July 1879 and was committed to a Committee of the Whole House,[5] which met on 4 August 1879 and 8 August 1879 and reported on 8 August 1879, with amendments.[5] The amended Bill had its third reading in the House of Commons on 10 May 1879 and passed, with amendments.[5]

The amended Bill was considered and agreed to by the House of Lords on 12 August 1879.[4]

The Bill was granted royal assent on 15 August 1879.[4]

Legacy

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The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.[6]

The enactments mentioned in Part II of this schedule were repealed by section 4 of the Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49). The repeal of these enactments was criticised for their complexity, specifically where multiple enactments served the same purpose, serving to "incumber the Statute-book".[7] For example, the Supreme Court of Judicature received powers under the Insolvent Debtors Relief (No. 2) Act 1728 (2 Geo. 2. c. 22) and the Set-off Act 1734 (8 Geo. 2. c. 24) that established the right of set-off for mutual debts in legal actions, through the Rules of Court 1875, and the County Court through the County Court Rules in 1876. These acts were affected by the Civil Procedure Repeal Act 1879 (42 & 43 Vict. c. 59) and these provisions were further extended to the Court of the County Palatine of Lancaster and other inferior civil courts by section 7 of the act.

The preamble, section 3 from the beginning of this section to the word "Act" and the schedule were repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).

Section 4(2), the words from "and shall not" to the end and Section 4(3) were repealed by section 1 of, and the first part of the schedule to, the Statute Law Revision Act 1898 (61 & 62 Vict. c. 22).

This act was repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1958 (6 & 7 Eliz. 2. c. 46).

This act was repealed for the Republic of Ireland by sections 2(1) and 3(1) of, and Part 4 of Schedule 2 to, the Statute Law Revision Act 2007.

As to sections 2 and 4, see Snelling v Pulling.[8] As to section 4(1), see Hanak v Green.[9]

Repealed Acts

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Section 2 of the act repealed ? acts, listed in the schedule to the act.[6]

See also

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Notes

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  1. ^ Section 1. Due to the repeal of that enactment, it is now authorised for the United Kingdom by section 19(2) of the Interpretation Act 1978 and for the Republic of Ireland by section 3 of the Short Titles Act 1896
  2. ^ The Acts of Parliament (Commencement) Act 1793.

References

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  • John Mounteney Lely. "The Civil Procedure Acts Repeal Act, 1879". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1895. Volume 6. Title "Judicature". Pages 61 to 66. Chitty's Collection of Statutes of Practical Utility. Fourth Edition. Volume 3. Pages 775 to 779.
  • J M Lely. "Civil Procedure Acts Repeal Acts". Wharton's Law-Lexicon. Ninth Edition. Stevens and Sons Limited. Chancery Lane, London. 1892. Page 142. See also "Outlawry", p 533.
  • Ilbert, Courtenay P. The Supreme Court of Judicature (Officers) Act, 1879 (42 & 43 Vict. c. 78). Stevens and Sons. Chancery Lane, London. 1880. Page 18.
  • Thomas J Bullen and Charles Walter Clifford. Bullen and Leake's Precedents of Pleadings. Fourth Edition. Stevens and Sons. Chancery Lane, London. 1888. Part 2. Pages 3 and 464.
  • Charles Burney, Montague Johnstone Muir Mackenzie and Sir Charles Arnold White. Wilson's Practice of the Supreme Court of Judicature. Seventh Edition. Stevens and Sons Limited. Chancery Lane, London. 1888. Page 473.
  • "Solicitor's Journal" (1879) 67 The Law Times 347 (13 September 1879)
  • Sheelagh McCracken. The Banker's Remedy of Set-Off. Butterworths. 1993. Page 57.
  1. ^ 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.
  2. ^ a b c d e Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024. Public Domain This article incorporates text from this source, which is in the public domain.
  3. ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  4. ^ a b c d e f Lords, Great Britain Parliament House of (1879). Journals of the House of Lords. Vol. 111. H.M. Stationery Office. pp. 277, 300, 306, 311, 315, 372, 386, 421.
  5. ^ a b c d Commons, Great Britain House of (1878). The Journals of the House of Commons (PDF). Vol. 134. pp. 360, 372, 379, 400, 412, 418. Retrieved 29 October 2024.
  6. ^ a b “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.
  7. ^ The Law Times. Office of Law Times. 1890.
  8. ^ The Law Times Reports of Cases Decided in the House of Lords, the Privy Council, the Court of Appeal ... [new Series]. Butterworth. 1885.
  9. ^ Hanak v Green [1958] 2 QB 9; [1958] 2 WLR 755; [1958] 2 All ER 141
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