Administration of Justice Act 1696

Last updated

Administration of Justice Act 1696 [a]
Act of Parliament
Coat of Arms of England (1694-1702).svg
Parliament of England
Long title An Act for the better preventing of frivolous and vexatious Suits. [b]
Citation 8 & 9 Will. 3. c. 11
Territorial extent  England and Wales
Dates
Royal assent 8 March 1697
Commencement 25 March 1697 [c]
Repealed30 July 1948
Other legislation
Amended by
Repealed by Statute Law Revision Act 1948
Status: Repealed
Text of statute as originally enacted
[30 July 1948 Revised text of statute as amended]

The Administration of Justice Act 1696 [a] (8 & 9 Will. 3. c. 11) was an act of the Parliament of England, originally titled An Act for the better preventing of frivolous and vexatious Suits.

Contents

Repeals

Sections 1 to 3 and 5 to 7 were repealed by section 2 of, and part II of the schedule to, the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59). Section 4(2) of that act provided that the repeal did not operate in respect of any court other than the Supreme Court of Judicature in England.

Section 4 was repealed by section 2 of, and part I of the schedule to, the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59).

Sections 1 to 3 and 5 to 7 were repealed by section 4 of the Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49). But see section 7 of that Act as to the Lancaster Palatine Court and the inferior civil courts (now abolished).

Sections 99(1)(f) and (g) of, and schedule 1 to, the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5. c. 49) provided that the whole act, so far as unrepealed, could be repealed by rules of court made under section 99 of that act.

In Section 8, the words from "from and after" to "ninety and seven" were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).

Case reference

The act was referred to by the Lord Chancellor in the House of Lords decision on Clydebank Engineering and Shipbuilding Co. Ltd. v. Don Jose Ramos Yzquierdo y Castaneda (1904) as the law "upon which English lawyers rely" for making the distinction between damages and penalties. [1]

See also

Notes

  1. 1 2 The citation of this act by this short title was authorised by section 5 of, and the second schedule to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ These words are printed against this act in the second column of the second schedule to the Statute Law Revision Act 1948, which is headed "Title".
  3. ↑ Start of session.

References

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.