• Source: Statute Law Revision Act 1875

The Statute Law Revision Act 1875 (38 & 39 Vict. c. 66) is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1725 to 1868 which had ceased to be in force or had become necessary.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.
Section 2 of, and schedule 2 to, the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79) revived several acts repealed by the act, including:

Lunacy Act 1845 (8 & 9 Vict. c. 100)
Lunatic Asylums (Ireland) Act 1846 (9 & 10 Vict. c. 115)
Incumbered Estates (Ireland) Act 1852 (16 & 17 Vict. c. 67)
Section 3 of the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79) replaced the text "The Schedule" in the partial repeal of the Industrial Schools Act 1866 (29 & 30 Vict.) with "The First Schedule".




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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statutes, 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.




Passage


The Statute Law Revision Bill had its first reading in the House of Lords on 5 July 1875, introduced by the Lord Chancellor, Hugh Cairns, 1st Earl Cairns. The bill had its second reading in the House of Lords on 26 June 1874 and was referred to a committee of the whole house. In his speech introducing the bill, the Lord Chancellor, Hugh Cairns, 1st Earl Cairns mentioned that this was the eleventh volume of statute revision work and that further consolidation bills would be presented to Parliament for consideration during the parliamentary recess. The committee met and reported on 27 July 1875, without amendments. The bill had its third reading in the House of Lords on 29 July 1874 and passed, without amendments.
The bill its first reading in the House of Commons on 30 July 1875. The bill had its second reading in the House of Commons on 2 August 1875 and was committed to a committee of the whole house, which met and reported without amendment on 3 August 1875. The bill had its third reading in the House of Commons on 4 August 1875 and passed, without amendments.
The bill was granted royal assent on 11 August 1875.




Legacy


The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
This act was amended by sections 2 and 3 of the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79).
Sections 2 and 3 of, and the schedule to, the act, were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).
The act was partly in force in Great Britain at the end of 2010.
The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this act were repealed so far as they extended to the Isle of Man on 25 July 1991.
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.
As to repeals by this act, see Campbell v Cochrane and Clarke v Bradlaugh. As to omission of parts of the Naval Discipline Act 1866 (29 & 30 Vict. c. 109) repealed by the act from copies of that act, see section 7(2) of the Naval Discipline Act 1884 (47 & 48 Vict. c. 39).




Repealed acts


Section 1 of the act repealed 1,401 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 repealed the Consecration of Bishops Abroad Act 1786 (26 Geo. 3 c. 84), effective from the passing of the Colonial Clergy Act 1874 (37 & 38 Vict. c. 77), and provided that any previous legal protections or provisions that had been included in the original Act would not apply to this repeal.
Section 3 of the act provided that section 25 of the Licensing (Scotland) Act 1828 (9 Geo. 4. c. 58), which had been repealed by the Statute Law Revision Act 1873 (36 & 37 Vict. c. 91), was revived, as from the repeal thereof, and that all proceedings taken thereunder since that repeal were as valid and effectual as if that section had not been repealed.




See also


Halsbury's Statutes
Statute Law Revision Act




Notes






References






External links


List of amendments and repeals in the Republic of Ireland from the Irish Statute Book
The Statute Law Revision Act 1875, as applicable to New Zealand, from the Parliamentary Counsel Office.

Kata Kunci Pencarian:

• Statute Law Revision Act 1875
• Statute Law Revision Act
• Appropriation Act
• Statute Law Revision Act 1873
• Statute Law Revision Act 1863
• Statute Law Revision Act 1878
• Statute Law Revision Act 1892
• Statute Law (Ireland) Revision Act 1872
• Statute Law Revision Act 1948
• Mutiny Acts