• Source: Statute Law (Ireland) Revision Act 1872

The Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98) is an Act of the Parliament of the United Kingdom which repealed for Ireland statutes acts of the Parliament of England which had been extended to the then Lordship of Ireland by royal writs or acts of the Parliament of Ireland from the Magna Carta to Poynings' Law (1495). The act was intended, in particular, to make the revised edition of the statutes already published applicable to Ireland.
The act largely mirrored the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125), which repealed for England and Wales enactments from the Magna Carta to King James II.




Background


In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.
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. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. 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.
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. 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. 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. 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.
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.
In 1863, the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) was passed, which repealed or amended over 1,600 enactments. However, The territorial extent of the act was limited to England and Wales, meaning that those Acts passed before Poynings' Act 1495 were not completely repealed for the United Kingdom.




Passage


The Statute Law Revision (Ireland) Bill was first introduced in the House of Lords on 9 August 1870 by the Solicitor General for Ireland, Richard Dowse and the Chief Secretary for Ireland, Chichester Fortescue, but did not progress in that parliamentary session.
The re-introduced Statute Law Revision (Ireland) Bill had its first reading in the House of Lords on 16 July 1872, introduced by the Lord Chancellor of Ireland, Thomas O'Hagan, 1st Baron O'Hagan. The bill had its second reading in the House of Lords on 30 July 1872 and was committed to a committee of the whole house, which met and reported on 1 August 1872, without amendments. The bill had its third reading in the House of Lords on 2 August 1872 and passed, without amendments.
The bill had its first reading in the House of Commons on 3 August 1872. The bill had its second reading in the House of Commons on 5 August 1872 and was committed to a committee of the whole house, which met and reported on 6 August 1872, without amendments. The bill had its third reading in the House of Commons on 8 August 1872 and passed, with amendments.
The amended bill was considered and agreed by the House of Lords on 8 August 1872.
The bill was granted royal assent on 10 August 1872.




Legacy


The act was intended, in particular, to make the revised edition of the statutes already published applicable to Ireland.
The Statute Law Revision (Ireland) Act 1878 (41 & 42 Vict. c. 57) and Statute Law Revision (Ireland) Act 1879 (42 & 43 Vict. c. 24) repealed more enactments of the Parliament of Ireland.
In 1887, the Sheriffs Act 1887 (50 & 51 Vict. c. 55) was passed, which repealed for England and Wales enactments included in the act relating to sheriffs.
The act was retained for the Republic of Ireland by the Statute Law Revision Act 2007. and remains in force there as of 12 September 2024.




Repealed acts


Section 1 of the act repealed 1,056 enactments, listed in the schedule to the act, across six categories:

Expired
Spent
Repealed in general terms
Virtually repealed
Superseded
Obsolete
Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished.
Section 2 of the act specified that the act extended to Ireland only.




See also


Statute Law Revision Act




Notes






References

Kata Kunci Pencarian:

• Statute Law (Ireland) Revision Act 1872
• Statute Law Revision Act 1863
• Statute Law Revision Act 1872 (No. 2)
• List of acts of the Parliament of England, 1275–1307
• Statute Law Revision Act
• Statute Law Revision Act 1872
• List of acts of the Parliament of England, 1327–1376
• Statute Law Revision (Ireland) Act 1878
• List of acts of the Parliament of England, 1308–1325
• Statute of Westminster 1275