The Repeal of Obsolete Statutes Act 1856 [1] [2] (19 & 20 Vict. c. 64), also known as the Statute Law Revision Act 1856, [3] was an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1285 to 1777 which had ceased to be in force or had become necessary.
Halsbury's Laws labelled this act as the first act for statute law revision (in the sense of repealing enactments which are obsolete, spent, unnecessary or superseded, or which no longer serve a useful purpose). [4] Courtenay Ilbert described this act as the first Statute Law Revision Act. [5]
In the United Kingdom, acts of Parliament remain in force until expressly repealed.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. [5]
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. [6] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. [6] 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. [7]
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. [6] The Board issued three reports dated 18 August 1853, 31 January 1854 and 2 June 1854, 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. [6] 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. [8]
The Sleeping Statutes Bill had its first reading in the House of Commons on 29 April 1856, [9] introduced by Peter Locke King MP . [10] The bill had its second reading in the House of Commons on 7 May 1856 and was committed to a committee of the whole house, [11] which met and reported without amendments on 20 May 1856. [10] The bill had its third reading in the House of Commons on 5 June 1856. [12]
The bill had its first reading in the House of Lords on 6 June 1856. [13] The bill had its second reading in the House of Lords on 24 June 1856, introduced by Hugh Fortescue, 3rd Earl Fortescue. [14] The bill was supported by George Campbell, 8th Duke of Argyll and the Lord Chancellor, Robert Rolfe, 1st Baron Cranworth. A similar process for Irish statutes was suggested, leading to the Statute Law Revision (Ireland) Act 1872. The bill was committed to a committee of the whole house, which met on 27 June 1856 and reported with amendments on 1 July 1856, renaming the bill to the "Statutes not in Use Repeal". [15] The bill had its third reading in the House of Lords on 8 July 1856 with further amendments made. [16]
The amended bill was considered by the House of Commons on 17 July 1856, which agreed to the change of the short title to "Statutes not in Use Repeal". [10]
The bill was granted royal assent on 21 July 1856. [17]
The act was itself repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1875 (38 & 39 Vict. c. 66).
The act repealed 120 obsolete acts that had been deemed unnecessary by the Statute Law Commission. In addition to the explicitly listed acts, any act "confirming, continuing, or perpetuating the same" were also repealed.
Citation | Short Title | Description | Extent of repeal |
---|---|---|---|
Statute of Westminster the Second 13 Edw. 1. c. 33 | Forfeiture of lands | Lands where Crosses be set shall be forfeited as Lands aliened in Mortmain. | The whole. |
Statute of Westminster the Second 13 Edw. 1. c. 41 | Alienation by religious houses, etc. | A Contra formam collationis and a Cessarit to recover Lands given in Alms. | The whole. |
Articuli super Chartas 28 Edw. 1. c. 5 | Chancery and Queen's Bench | The Chancellor and the Justices of the King's Bench shall follow the King. | The whole. |
Articuli super Chartas 28 Edw. 1. c. 20 | Vessels of Gold, Assaying, etc., of Act 1300 | Vessels of Gold shall be essayed, touched, and marked; the King's Prerogative shall be saved. | The whole. |
5 Edw. 3. c. 14 | Arrest, etc., of Night Walkers, etc. Act 1331 | Night Walkers and suspected Persons shall be safely kept. | The whole. |
Statute of Nottingham | Statute of Nottingham | De cibariis utendis. | The whole. |
25 Edw. 3. Stat. 5. c. 22 | Provisors | He that purchaseth a Provision in Rome for an Abbey shall be out of the King's Protection, and any Man may do with him as with the King's Enemy. | The whole. |
28 Edw. 3. c. 10 | Misprisions in cities and boroughs | The Penalty of the Mayor, Sheriffs, &c. of London, if they do not redress Errors and Misprisions there; and in what Counties the Trial thereof shall be. | The whole. |
37 Edw. 3. c. 15 | Clothiers | Clothiers shall make Cloths sufficient of the aforesaid Prices, so that this Statute for Default of such Cloths be in nowise infringed. | The whole. [b] |
6 Ric. 2. Stat. 1. c. 9 | Victuallers | No Victualler shall execute a judicial Place in a City or Town Corporate. | The whole. |
7 Ric. 2. c. 13 | Riding armed | No Man shall ride in Harness within the Realm, nor with Launcegays. | The whole. |
12 Ric. 2. c. 12 | Expenses of knights of shires | In what Cases the Lords and Spiritual Persons shall be contributory to the Expenses of the Knights of Parliament. | The whole. |
12 Ric. 2. c. 13 | Nuisances in Towns Act 1388 | The Punishment of them which cause Corruption near a City or great Town, to corrupt the Air. | The whole. |
13 Ric. 2. Stat. 1. c. 8 | Statute of Victuallers and Hostellers 1389 | The Rates of Labourers Wages shall be assessed and proclaimed by the Justices of Peace. and they shall assess the Gains of Victuallers who shall make Horsebread. and the Weight and Price thereof. | The whole. [c] |
17 Ric. 2. c. 4 | Malt | Malt sold to London shall be cleansed from the Dust. | The whole. |
17 Ric. 2. c. 10 | Gaol delivery | Two learned Men in the Law shall be in Commission of Jail Delivery. | The whole. |
20 Ric. 2. c. 1 | Riding armed | No Man shall ride or go armed; Launcegays shall be put out. | The whole. |
20 Ric. 2. c. 2 | Liveries | Who only may wear another's Livery. | The whole. |
1 Hen. 4. c. 15 | London | The Punishment of the Mayor, &c. of London for Defaults committed there. | The whole. |
4 Hen. 4. c. 5 | Sheriffs | Every Sheriff shall in Person continue in his Bailiwick and shall not let it. | The whole. |
4 Hen. 4. c. 10 | Coinage | The Third Part of the Silver bought to the Bullion shall be coined in Halfpence and Farthings. | The whole. |
4 Hen. 4. c. 25 | Hostlers | An Hostler shall not make Horsebread. How much he may take for Oats. | The whole. [d] |
4 Hen. 4. c. 27 | Penal laws against the Welsh | There shall be no Wasters, Vagabonds, &c. in Wales. | The whole. |
4 Hen. 4. c. 29 | Welshmen | Welshmen shall not be armed. | The whole. |
5 Hen. 4. c. 2 | Approvers | The Penalty of him which procureth Pardon for an Approver that committeth Felony again. | The whole. |
5 Hen. 4. c. 13 | Plating | What Things may be gilded and laid on with Silver and Gold, and what not. | The whole. |
7 Hen. 4. c. 7 | Arrowheads | Arrowheads shall be wellboiled, brased, and hard. | The whole. |
11 Hen. 4. c. 1 | Elections to Parliament | The Penalty on a Sheriff for making an untrue Return of the Election of the Knights of Parliament. | The whole. |
1 Hen. 5. c. 4 | Bailiffs of sheriffs, etc. | Sheriff's Bailiffs shall not be in the same Office in Three Years after; Sheriff's Officers shall not be Attorneys. | The whole. |
2 Hen. 5. Stat. 2. c. 4 | Gilding of Silver Act 1414 | There shall be no gilding of Silver Ware but of the Allay of English Sterling. | The whole. |
4 Hen. 5 Stat. 2 c. 6 | Irish | Penalty on Irish Prelates for collating an Irishman to a Benefice in England or bringing an Irishman to Parliament to discover the Counsels of Englishmen to Rebels. | The whole. |
8 Hen. 5. c. 3 | Gold and Silver | What Things only may be gilded and what laid on with Silver. | The whole. |
9 Hen. 5 Stat. 1. c. 10 | Coal-keels at Newcastle | Keels that carry Sea Coals to Newcastle shall be measured and marked. | The whole. |
1 Hen. 6. c. 3 | Irishmen | What Sort of Irishmen only may come to dwell in England. | The whole. |
6 Hen. 6. c. 4 | Parliament Act 1427 | The Sheriff's Traverse to an Inquest found touching returning Knights of Shires for the Parliament. | The whole. |
8 Hen. 6. c. 22 | Wool | What is requisite to be done in winding and packing of Wool. None shall force, clack, or beard any Wool. | The whole. |
11 Hen. 6. c. 1 | Stews in Southwark Act 1433 | They that dwell at the Stews in Southwark shall not be impanelled in Juries nor keep any Inn or Tavern but there. | The whole. |
18 Hen. 6. c. 18 | Soldiers Act 1439 | How much a Captain shall forfeit that doth detain any Part of his Soldier's Wages. | The whole. |
23 Hen. 6. c. 4 | Welshmen | Welshmen indicted of Treason or Felony that do repair unto Herefordshire shall be apprehended and imprisoned or else pursued by Hue and Cry, and a Forfeiture of those which do not pursue them. | The whole. |
28 Hen. 6. c. 5 | Customs | The Penalty of the Officers of the Customs which by Colour of their Offices shall distrain any Man's Ships or Goods. | The whole. |
4 Edw. 4. c. 8 | Horn Act 1464 | No Stranger shall buy English Horns unwrought gathered or growing in London or within Twenty-four Miles thereof. Certain Powers vested in the Wardens of the Horners of London. | The whole. |
17 Edw. 4. c. 4 | Tiles Act 1477 | An Act for making of Tile. | The whole. |
4 Hen. 7. c. 2 | Gold and Silver Act 1488 | An Act for Finers of Gold and Silver. | The whole. |
4 Hen. 7. c. 3 | Slaughter of Beasts Act 1488 | An Act that no Butcher slay any Manner of Beast within the Walls of London. | The whole. |
4 Hen. 7. c. 16 | Isle of Wight Act 1488 | An Act concerning the Isle of Wight. | The whole. |
11 Hen. 7. c. 19 | Upholsterers Act 1495 | An Act against Upholsterers. | The whole. |
11 Hen. 7. c. 21 | Perjury Act 1495 | An Act against Perjury. | The whole. |
11 Hen. 7. c. 27 | Fustians Act 1495 | An Act against unlawful and deceitful making of Fustians. | The whole. |
19 Hen. 7. c. 6 | Pewterers Act 1503 | Pewterers walking. | The whole. |
19 Hen. 7. c. 10 | Gaols Act 1503 | De voluntariis et negligentibus escapiis. | The whole. |
3 Hen. 8. c. 14 | Oils Act 1511 | An Act for the searching of Oils within the City of London. | The whole. |
4 Hen. 8. c. 7 | Pewterers Act 1512 | The Act made for Pewterers, and true Weights and Beams. | The whole. |
5 Hen. 8. c. 4 | Worsteds Act 1513 | An Act for avoiding Deceits in Worsteds. | The whole. |
14 & 15 Hen. 8. c. 2 | Aliens Act 1523 | The Act concerning the taking of Apprentices by Strangers. | The whole. |
14 & 15 Hen. 8. c. 3 | Worsteds (Great Yarmouth) Act 1523 | The Act concerning the draping of Worsteds, Sayes and Stamins for the Town of Great Yarmouth. | The whole. |
14 & 15 Hen. 8. c. 12 | Coining Act 1523 | An Act concerning coining of Money. | The whole. |
21 Hen. 8. c. 12 | Manufacture of Cables, etc. Act 1529 | An Act for true making of great Cables, Halsers, Ropes, and all other Tackling for Ships, &c., in the Borough of Burport in the County of Dorset. | The whole. |
21 Hen. 8. c. 16 | Aliens Act 1529 | An Act ratifying a Decree made in the Star Chamber concerning Strangers Handicraftsmen inhabiting the Realm of England. | The whole. |
22 Hen. 8. c. 10 | Egyptians Act 1530 | An Act concerning Egyptians. | The whole. |
24 Hen. 8. c. 10 | Destruction of Crows, etc. Act 1532 | An Act made and ordained to destroy Choughs, Crows, and Rooks. | The whole. |
25 Hen. 8. c. 5 | Worsteds Act 1533 | An Act for calendering of Worsteds. | The whole. |
25 Hen. 8. c. 9 | Pewterers Act 1533 | An Act concerning Pewterers. | The whole. |
25 Hen. 8. c. 13 | Tillage Act 1533 | An Act concerning Farms and Sheep. | The whole. |
25 Hen. 8. c. 18 | Cloths Act 1533 | An Act for Clothiers within the Shire of Worcester. | The whole. |
26 Hen. 8. c. 5 | Ferries on the Severn Act 1534 | An Act that Keepers of Ferries on the Water of Severn shall not convey in their Ferry Boats any manner of Person, Goods, or Chattels after the Sun going down till the Sun be up. | The whole. |
26 Hen. 8. c. 6 | Marches in Wales Act 1534 | An Act that Murders and Felonies done or committed within any Lordship Marcher in Wales shall be inquired of at the Sessions holden within the Shire Grounds next adjoining, with many good Orders for Administration of Justice there to be had. | The whole. |
26 Hen. 8. c. 16 | Worsteds (Norwich, Lynn, and Yarmouth) Act 1534 | An Act for the making of Worsteds in the City of Norwich and in the Towns of Lynn and Yarmouth. | The whole. |
32 Hen. 8. c. 13 | Lordships of Wales Act 1541 | For Breed of Horses. | The whole. |
33 Hen. 8. c. 16 | Worsted Yarn Act 1541 | An Act for Worsted Yarn in Norfolk. | The whole. |
34 & 35 Hen. 8. c. 10 | Coverlets Act 1542 | An Act for the true making of Coverlets in York. | The whole. |
35 Hen. 8. c. 11 | Parliament Act 1543 | An Act for the due Payment of the Fees and Wages of Knights and Burgesses for the Parliament in Wales. | The whole. |
1 Edw. 6. c. 6 | Worsted Yarn Act 1547 | An Act for the Continuance of making of Worsted Yarn in Norfolk. | The whole. |
2 & 3 Edw. 6. c. 9 | Leather Act 1548 | An Act for the true currying of Leather. | The whole. |
2 & 3 Edw. 6. c. 11 | Leather (No. 2) Act 1548 | An Act for the true tanning of Leather. | The whole. |
2 & 3 Edw. 6. c. 19 | Abstinence from Flesh Act 1548 | An Act for Abstinence from Flesh. | The whole. |
2 & 3 Edw. 6. c. 27 | Gads of Steel Act 1548 | An Act against the false forging of Gadds of Steel. | The whole. |
3 & 4 Edw. 6. c. 2 | Woollen Cloths Act 1549 | An Act for the true making of Woollen Cloths. | The whole. |
3 & 4 Edw. 6. c. 9 | Buying of Hides Act 1549 | An Act for the buying of raw Hides and Calf Skins. | The whole. |
5 & 6 Edw. 6. c. 6 | Woollen Cloth Act 1551 | An Act for the making of Woollen Cloth. | The whole. |
5 & 6 Edw. 6. c. 24 | Making of Hats, etc. Act 1551 | An Act for the making of Hats, Dornecks, and Coverlets at Norwich and in the County of Norfolk. | The whole. |
7 Edw. 6. c. 5 | Wines Act 1553 | An Act to avoid the great Price and Excess of Wines. | The whole. |
7 Edw. 6. c. 7 | Assize of Fuel Act 1553 | An Act for the Assize of Fuel. | The whole. |
1 Mar. Sess. 3. c. 8 | Leather Act 1554 | An Act touching the buying and currying of Leather. | The whole. |
1 & 2 Ph. & M. c. 4 | Egyptians Act 1554 | An Act for the Punishment of certain Persons calling themselves Egyptians. | The whole. |
1 & 2 Ph. & M. c. 7 | Towns Corporate Act 1554 | An Act that Persons dwelling in the Country shall not sell divers Wares in Cities or Towns Corporate by Retail. | The whole. |
1 Eliz. 1. c. 8 | Leather Act 1558 | An Act touching Shoemakers and Curriers. | The whole. |
1 Eliz. 1. c. 9 | Leather (No. 2) Act 1558 | An Act touching Tanners and the selling of tanned Leather. | The whole. |
1 Eliz. 1. c. 15 | Timber Act 1558 | An Act that Timber shall not be felled to make Coals for the making of Iron. | The whole. |
5 Eliz. 1. c. 8 | Leather Act 1562 | An Act touching Tanners, Curriers, Shoemakers, and other Artificers occupying the cutting of Leather. | The whole. |
8 Eliz. 1. c. 8 | Horses Act 1566 | An Act for the Repeal of a Branch of a Statute made Anno 32 H. 8., for the Stature of Horses within the Isle of Ely, and other Places confining thereunto. | The whole. |
8 Eliz. 1. c. 9 | Prices of Barrels, etc. Act 1566 | An Act to repeal a Branch of the Statute made Anno 23 H. 8. touching the Prices of Barrels and Kilderkins. | The whole. |
8 Eliz. 1. c. 10 | Bows Act 1566 | An Act for Bowyers and the Prices of Bows. | The whole. |
8 Eliz. 1. c. 12 | Cloths (Lancashire) Act 1566 | An Act for the Aulneger's Fees in Lancashire and for Length Breadth and Weight of Cottons Frizes and Rugs. | The whole. |
23 Eliz. 1. c. 5 | Preservation of Wood Act 1580 | An Act touching Iron Mills near unto the City of London and the River of Thames. | The whole. |
23 Eliz. 1. c. 8 | Wax Act 1580 | An Act for the true melting, making, and working of Wax. | The whole. |
27 Eliz. 1. c. 19 | Preservation of Timber Act 1584 | An Act for the Preservation of Timber in the Wealds of the Counties of Sussex, Surrey, and Kent, and for the Amendment of Highways decayed by Carriages to and from Iron Mills there. | The whole. |
35 Eliz. 1. c. 9 | Cloths Act 1592 | An Act touching Breadth of Cloths. | The whole. |
1 Jas. 1. c. 6 | Labourers Act 1603 | An An Act made for the Explanation of the Statute made in the Fifth Year of the late Queen Elizabeth's Reign concerning Labourers. | The whole. |
1 Jas. 1. c. 20 | Painting Act 1603 | An Act for Redress of certain Abuses and Deceits used in Painting. | The whole. |
3 Jas. 1. c. 9 | Skinners Act 1605 | An Act for the Relief of such as lawfully use the Trade and Handicraft of Skinners. | The whole. |
3 Jas. 1. c. 16 | Kerseys Act 1605 | An Act for the Repeal of One Act made in the Fourteenth Year of Queen Elizabeth's Reign concerning the Length of Kersies. | The whole. |
3 Jas. 1. c. 17 | Welsh Cottons Act 1605 | An Act concerning Welsh Cottons. | The whole. |
4 Jas. 1. c. 2 | Woollen Cloths Act 1606 | An Act for the true making of Woollen Cloth. | The whole. |
4 Jas. 1. c. 6 | Leather Act 1606 | An Act for repealing of so much of One Branch of a Statute made in the First Year of His Majesty's Reign, intituled "An Act concerning Tanners Curriers Shoemakers and other Artificers occupying the cutting of Leather," as concerneth the sealing of Sheepskins and to avoid selling of tanned Leather by Weight. | The whole. |
21 Jas. 1. c. 18 | Woollen Cloths Act 1623 | An Act for Continuance of a Statute made for the making of Woollen Cloths. | The whole. |
21 Jas. 1. c. 21 | Horsebread Act 1623 | An Act concerning Hostlers and Innholder. | The whole. |
12 Cha. 2. c. 32 | Exportation Act 1660 | An Act for prohibiting the Exportation of Wool, Wool Fells, Fullers Earth, or any Kind of scouring Earth. | The whole. |
14 Cha. 2. c. 18 | Wool Act 1662 | An Act against exporting of Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Wool Flocks, Fullers Earth, Fulling Clay, and Tobacco Pipe Clay. | The whole. |
5 & 6 Will. & Mar. c. 13 | Pardon of Felony Act 1694 | An Act to repeal the Statute made in the Tenth Year of King Edward the Third for finding Sureties for the good abearing by him or her that hath a Pardon of Felony. | The whole. |
9 Will. 3. c. 40 | Exportation Act 1697 | An Act for the Explanation and better Execution of former Acts made against Transportation of Wool, Fullers Earth, and Scouring Clay. | The whole. |
10 Will. 3. c .2 | Buttons Act 1698 | An Act to prevent the making or selling of Buttons made of Cloth, Serge, Drugget, or other Stuffs. | The whole. |
1 Ann. c. 15 | Water Measure of Fruit Act 1702 | An Act for preventing Frauds in the Duties upon Salt, and for the better Payment of Debentures at the Custom House. | The whole. |
8 Ann. c. 11 | Silk Manufacturers Act 1709 | An Act for employing the Manufacturers by encouraging the Consumption of Raw Silk and Mohair Yarn. | The whole. |
4 Geo. 1. c. 7 | Silk Manufacturers Act 1717 | An Act for making more effectual an Act made in the Eighth Year of the late Queen Anne, intituled "An Act for employing the Manufacturers by encouraging the Consumption of Raw Silk and Mohair Yarn." | The whole. |
7 Geo. 1. St. 1. c. 12 | Silk Manufacturers Act 1720 | An Act for employing the Manufacturers and encouraging the Consumption of Raw Silk and Mohair Yarn by prohibiting the wearing of Buttons and Button-holes made of Cloth, Serge, and other Stuffs. | The whole. |
11 Geo. 2. c. 28 | Cloth Manufacture Act 1737 | An Act for the better regulating the Manufacture of narrow Woollen Cloths in the West Riding of the County of York. | The whole. |
10 Geo. 3. c. 49 | Bricks and Tiles Act 1770 | An Act for continuing and amending several Acts for preventing Abuses in making Bricks and Tiles. | The whole. |
17 Geo. 3. c. 42 | Bricks and Tiles Act 1776 | An Act for preventing Abuses in the making and vending Bricks and Tiles. | The whole. |
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The Statute Law Revision Act 1867 is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1688 to 1770 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
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