The Statute Law Revision (Substituted Enactments) Act 1876 (39 & 40 Vict. c. 20) was an act of the Parliament of the United Kingdom that substituted references of repealed enactments in various acts with references to non repealed enactments.
The Statute Law Revision (Substituted Enactments) Act 1876 (39 & 40 Vict. c. 20) was an act of the Parliament of the United Kingdom that substituted references of repealed enactments in various acts with references to non repealed enactments.
In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statutes, 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.
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. [4] This approach was taken by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64), considered to be the first Statute Law Revision Act. [2]
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]
| Year passed | Title | Citation | Effect |
|---|---|---|---|
| 1861 | Statute Law Revision Act 1861 | 24 & 25 Vict. c. 101 | Repealed or amended over 800 enactments |
| 1863 | Statute Law Revision Act 1863 | 26 & 27 Vict. c. 125 | Repealed or amended over 1,600 enactments for England and Wales |
| 1867 | Statute Law Revision Act 1867 | 30 & 31 Vict. c. 59 | Repealed or amended over 1,380 enactments |
| 1870 | Statute Law Revision Act 1870 | 33 & 34 Vict. c. 69 | Repealed or amended over 250 enactments |
| 1871 | Promissory Oaths Act 1871 | 34 & 35 Vict. c. 48 | Repealed or amended almost 200 enactments |
| 1871 | Statute Law Revision Act 1871 | 34 & 35 Vict. c. 116 | Repealed or amended over 1,060 enactments |
| 1872 | Statute Law Revision Act 1872 | 35 & 36 Vict. c. 63 | Repealed or amended almost 490 enactments |
| 1872 | Statute Law (Ireland) Revision Act 1872 | 35 & 36 Vict. c. 98 | Repealed or amended over 1,050 enactments |
| 1872 | Statute Law Revision Act 1872 (No. 2) | 35 & 36 Vict. c. 97 | Repealed or amended almost 260 enactments |
| 1873 | Statute Law Revision Act 1873 | 36 & 37 Vict. c. 91 | Repealed or amended 1,225 enactments |
| 1874 | Statute Law Revision Act 1874 | 37 & 38 Vict. c. 35 | Repealed or amended over 490 enactments |
| 1874 | Statute Law Revision Act 1874 (No. 2) | 37 & 38 Vict. c. 96 | Repealed or amended almost 470 enactments |
| 1875 | Statute Law Revision Act 1875 | 38 & 39 Vict. c. 66 | Repealed or amended over 1,400 enactments |
The bill had its first reading in the House of Lords on 11 May 1876, presented by the Lord Chancellor, Hugh Cairns, 1st Baron Cairns. [5] The bill had its second reading in the House of Lords on 15 May 1876 and was committed to a committee of the whole house, [5] which met on 22 May 1876 and reported on 23 May 1876, with amendments. [5] The amended Bill had its third reading in the House of Lords on 16 May 1876 and passed, without amendments. [5]
The bill had its first reading in the House of Commons on 2 June 1876. [6] The bill had its second reading in the House of Commons on 15 June 1876 and was committed to a committee of the whole house, [6] which met and reported on 16 June 1876, without amendments. [6] The bill had its third reading in the House of Commons on 19 June 1876 and passed, without amendments. [6]
The bill was granted royal assent on 27 June 1876. [5]
Section 1 of the act substituted the Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43) for the repealed act Malicious Injuries to Property (England) Act 1827 (7 & 8 Geo. 4). c. 30 in certain sections of the Inclosure Acts, including: [7]
Immediately before its repeal, this section read:
... Any offence under section ten of the Inclosure Act 1848 [c] and under section ten of the Inclosure Act 1849 [d] and under section thirty-three of the Inclosure Act 1852 [e] shall be deemed to be an offence punishable on summary conviction under the Summary Jurisdiction ... Acts ... : Provided ... that any information in relation to any such offence as is mentioned in this section shall be heard, tried, determined, and adjudged before two justices. [8]
The words at the beginning were repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39). The words in the second and third places were repealed by the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56). The words in the last place were repealed by section 46(2) of, and Part III of Schedule 7 to, the Justices of the Peace Act 1949.
Section 2 of the act repealed part of section 2 of the Portuguese Deserters Act 1849 (12 & 13 Vict. c. 25), providing that the penalty for the offence shall be "recovered, paid, and applied in the same manner as a penalty for harbouring or secreting any seaman deserting from a British ship is for the time being recoverable, payable, and applicable". [7]
The first paragraph of this section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).
This section was repealed by the Statute Law Revision Act 1950 (14 Geo. 6. c. 6).
Section 3 of the act repealed part of section 7 of the Municipal Corporation Mortgages, &c. Act 1860 (23 & 24 Vict. c. 16) as provides for misdemeanours under the repealed Punishment of Frauds Act 1857 (20 & 21 Vict. c. 54), substituting the punishment with section 75 the Larceny Act 1861 (24 & 25 Vict. c. 96). [7]
This section was repealed as to England and Wales and by section 48(1) of, and the Schedule to, the Larceny Act 1916 (6 & 7 Geo. 5. c. 50).
Section 4 of the act repealed part of section 23 of the Criminal Justice Act 1855 (18 & 19 Vict. c. 126) as provides for the definition of "property" by reference to the repealed Larceny Act 1827 (7 & 8 Geo. 4), substituting it with the definition of "property" in the Larceny Act 1861 (24 & 25 Vict. c. 96). [7]
The first paragraph of this section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).
This section was repealed by section 33(3) of, and Part II of Schedule 3 to, the Theft Act 1968.
Section 5 of the act repealed part of section 10 of the Prevention of Crimes Act 1871 (34 & 35 Vict. c. 112) as provides "any person convicted under that section shall have a right to appeal against such conviction in the manner in all respects as if the said conviction had been for an offence committed against" the partly repealed Alehouse Act 1828 (9 Geo. 4), substituting the right of appeal with "the same manner in all respects as a person who feels aggrieved by a conviction made by a court of summary jurisdiction under" the Licensing Act 1872 (35 & 36 Vict. c. 94). [7]
The first paragraph of this section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).
This section was repealed by Part IX of the Schedule to the Statute Law (Repeals) Act 1971.
Section 6 of the act provided that nothing in the act affects: [7]
This section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).
Section 7 of the act provided that the acts cited in the body of the act were defined in the schedule to the act.
This section was repealed by the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).
Section 8 of the act provided that the act may be cited as "The Statute Law Revision (Substituted Enactments) Act, 1876".
The schedule was repealed by the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).
The act was repealed on 5 November 1993 by section 1(1) of, and Part IV of Schedule 1 to, the Statute Law (Repeals) Act 1993.
The act was repealed for Northern Ireland by section 13 of, and Schedule 2 to, the Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968 (c 9) (NI).
The act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 4 of Schedule 1 to, the Statute Law Revision Act 2007.
The Offences Against the Person Act 1828, also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single act. Among the laws it replaced was clause XXVI of Magna Carta, the first time any part of Magna Carta was repealed, and the Buggery Act 1533. The act also abolished the crime of petty treason.
The Offences Against the Person Act 1837 was an act of the Parliament of the United Kingdom that amended the law to lessen the severity of punishment of offences against the person, lessening the severity of the punishment of offences.
The Coinage Offences Act 1832 was an act of the Parliament of the United Kingdom that consolidated England and Wales all legislation concerning the counterfeiting and clipping of coins into one act. Such conduct was often considered to be high treason: this act downgraded the offence to felony and abolished the death penalty for all coinage offences.
The Criminal Law Act 1826 is an act of the Parliament of the United Kingdom that consolidated a large number of acts relating to criminal procedure.
The Forgery Act 1837 was an act of the Parliament of the United Kingdom that abolished the punishment of the death penalty for all offences of forgery, substituting it for transportation or imprisonment.
The Statute Law Revision Act 1863 is an act of the Parliament of the United Kingdom that repealed for England and Wales enactments from 1235 to 1685 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.
The Statute Law Revision Act 1873 is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1742 to 1830 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.
The Statute Law Revision Act 1875 is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1725 to 1868 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.
The Statute Law Revision Act 1887 was an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1275 to 1822 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes, then in progress.
The Statute Law Revision Act 1888 was an act of the Parliament of the United Kingdom that repealed various United Kingdom statutes which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes, then in progress.
The Civil Procedure Acts Repeal Act 1879 was an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments related to relating to civil procedure from 1235 to 1852 which had ceased to be in force or had become necessary. The act also abolished the offence of outlawry in English civil law. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.
The Criminal Statutes Repeal Act 1861(24 & 25 Vict. c. 95) was an act of the Parliament of the United Kingdom that repealed for England and Wales and Ireland statutes relating to the English criminal law from 1634 to 1860. The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The Summary Jurisdiction Act 1884, also known as the Summary Jurisdiction (Repeal) Act 1884, was an act of the Parliament of the United Kingdom that clarified the Summary Jurisdiction Acts as amended by the Summary Jurisdiction Act 1879 and repealed for England and Wales statutes from 1691 to 1882.
The Forgery, Abolition of Punishment of Death Act 1832 was an act of the Parliament of the United Kingdom that for the United Kingdom the death penalty for all offences of forgery, except for forging wills and certain powers of attorney.
The Offences Against the Person (Ireland) Act 1829, also known as the Offences Against the Person Act (Ireland) 1829, is an act of the Parliament of the United Kingdom that consolidated for Ireland provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single act.
The Juries Act 1825, also known as the County Juries Act 1825, is an act of the Parliament of the United Kingdom that consolidated and amended statutes for England and Wales related to juries. The act abolished outdated penalties, moved responsibility for creating jury lists from petty constables to churchwardens and parish overseers, expanded jury qualification to include bankers and merchants and devise a new method of jury selection. The act repealed for England and Wales statutes from 1259 to 1824.
The Criminal Statutes Repeal Act 1827 or the Criminal Statutes (England) Repeal Act 1827 was an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to the English criminal law from 1225 to 1826.
The Criminal Statutes (Ireland) Repeal Act 1828 was an act of the Parliament of the United Kingdom that repealed for Ireland enactments relating to the criminal law from 1225 to 1826.
The Customs Consolidation Act 1876 was an act of the Parliament of the United Kingdom that further consolidated the various enactments relating to customs in the United Kingdom.
The Juries Act (Ireland) 1871, also known as the Juries (Ireland) Act 1871, is an act of the Parliament of the United Kingdom that consolidated and amended statutes for Ireland related to juries. The act notably replaced the existing system of jury qualification based on property requirements with a new system based on poor law ratings.
This article incorporates text from this source, which is in the public domain .
