Continuance of Laws Act 1694

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Continuance of Laws Act 1694
Act of Parliament
Coat of Arms of the United Kingdom (1801-1816).svg
Parliament of the United Kingdom
Long title An Act for continuing several Laws therein mentioned.
Citation 6 & 7 Will. & Mar. c. 14
Introduced by Edmund Waller (Commons)
Territorial extent  England and Wales
Dates
Royal assent 22 April 1695
Commencement 12 November 1694 [a]
Repealed15 July 1867
Other legislation
Amends
Repealed by Statute Law Revision Act 1867
Relates to
Status: Repealed
Text of statute as originally enacted

The Continuance of Laws Act 1694 (6 & 7 Will. & Mar. c. 14) was an act of the Parliament of England that continued and made perpetual various older acts.

Contents

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Many acts of parliament, however, contained time-limited sunset clauses, requiring legislation to revive enactments that had expired or to continue enactments that would otherwise expire. [1]

Passage

Following the expiry of the Licensing of the Press Act 1662 (14 Cha. 2. c. 33) [b] in 1694, a committee was appointed on 30 November 1964 to inspect laws "lately expired and expiring which are fit to be revived and continued". [2] The committee was enlarged on 3 January 1695. [2]

The committee reported on 9 January 1695, resolving: [2]

On 11 February 1662, the revival of the Licensing of the Press Act 1662 (14 Cha. 2. c. 33) was rejected by the Commons, without division, and a bill was ordered to be brought in by Edmund Waller. [2] [3] [4]

The Continuation Bill had its first reading in the House of Commons on 25 January 1695, presented by Edmund Waller. The bill had its second reading in the House of Commons on 21 March 1695 and was committed to a select committee, which reported on 26 March 1695, with amendments agreed to by the House. The amended bill had its third reading in the House of Commons on 29 March 1695, without amendments. [2]

The bill had its first reading in the House of Lords on 29 March 1695. The bill had its second reading in the House of Lords on 30 March 1695 and was committed to a committee of the whole house, which met and reported on 3 April 1695, with amendments. The amended bill had its third reading in the House of Lords on 8 April 1695 and passed, without amendments. [5]

The amended bill was returned to the House of Commons on 8 April 1695. The amendments, except for the continuation of the Licensing of the Press Act 1662 (14 Cha. 2. c. 33), were agreed to by the Commons on 17 April 1865, with detailed reasons expressing concerns about penalties under the act and the monopoly by the Company of Stationers. At a conference on 18 April 1695, the Lords allowed the bill to proceed without renewing the 1662 act. The Lords waived their amendments on 19 April 1695. [2] [5] [3] [4]

The amended bill was granted royal assent on 22 April 1695. [5]

Provisions

Continued enactments

Section 1 of the act made the Benefit of Clergy, etc. Act 1691 (3 Will. & Mar. c. 9), as continued by the Estreats (Personal Representatives) Act 1692 (4 Will. & Mar. c. 24), perpetual. [6]

Section 2 of the act made the Fraudulent Devises Act 1691 (3 Will. & Mar. c. 14) perpetual. [6]

Section 3 of the act continued the Judgment Act 1692 (4 Will. & Mar. c. 20) until the end of the next session of parliament after 1 year from the expiry of that act (which was the end of the next session of parliament after 25 March 1693). [6]

Subsequent developments

The Select Committee on Temporary Laws, Expired or Expiring, appointed in 1796, inspected and considered all temporary laws, observing irregularities in the construction of expiring laws continuance acts, making recommendations and emphasising the importance of the Committee for Expired and Expiring Laws. [7]

The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59).

Notes

  1. ↑ Start of session.
  2. ↑

References

  1. ↑ Imprisonment in Medieval England. CUP Archive. p. 345.
  2. 1 2 3 4 5 6 Commons, Great Britain House of (1803). The Journals of the House of Commons. Vol. 11. pp. 180, 195, 200, 213, 218, 224, 228, 247, 279, 282, 286, 296, 301, 305–306, 309, 313.
  3. 1 2 Deazley, Ronan (2004). On the Origin of the Right to Copy: Charting the Movement of Copyright Law in Eighteenth Century Britain (1695-1775). Hart Publishing. p. 1. ISBN   978-1-84113-375-1.
  4. 1 2 Professor Lyman Ray Patterson, Copyright And 'The Exclusive Right' Of Authors Journal of Intellectual Property, Vol. 1, No.1 Fall 1993. http://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1342&context=fac_artchop
  5. 1 2 3 Lords, Great Britain House of (1767). The Journals of the House of Lords. Vol. 15. pp. 527, 528, 529, 530, 532, 545–546, 561.
  6. 1 2 3 Raithby, John, ed. (1963) [1819]. "6° & 7° Gul. & Mar.". Statutes of the Realm. Vol. 6: The Statutes of King James II, and King William and Queen Mary (1685–1694). London: Dawsons. pp. 594–595 – via Hathi Trust.
  7. ↑ Commons, Great Britain Parliament House of (1803). Reports from Committees of the House of Commons which Have Been Printed by Order of the House: And are Not Inserted in the Journals [1715-1801. Vol. 14. pp. 34–118.
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