• Source: Statute Law Revision and Civil Procedure Act 1881

    • The Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59) is an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to civil procedure from 1235 to 1880 which had ceased to be in force or had become necessary.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.


    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    In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 and Civil Procedure Bill had its first reading in the House of Lords on 1 July 1881, presented by the Lord Chancellor, Roundell Palmer, 1st Baron Selborne. The bill had its second reading in the House of Lords on 7 July 1881, introduced by the Lord Chancellor, Roundell Palmer, 1st Baron Selborne, and was committed to a committee of the whole house, which met and reported on 8 July 1881, without amendments. The bill had its third reading in the House of Lords on 15 July 1881 and passed, without amendments.
    The bill had its first reading in the House of Commons on 20 July 1881. The bill had its second reading in the House of Commons on 26 July 1881 and, following a division, was committed to a committee of the whole house, which met and reported on 18 August 1881, without amendments. The bill had its third reading in the House of Commons on 22 August 1881 and passed, without amendments.
    The bill was granted royal assent on 27 August 1881.


    Legacy


    The act was criticised for not including any repeals related to the Common Law Procedure Act 1852 (15 & 16 Vict. c. 76) and for not repealing Keating's Act/Victoria Constitution Act 1855 (18 & 19 Vict. c. 55). The act was also criticised for repealing part of the Statute of Frauds (29 Cha. 2. c. 33) and for reviving the power of surveyors of taxes to make domiciliary visits, a power taken away by the Taxes Management Act 1880 (43 & 44 Vict. c. 19).
    The schedule to the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).
    The Crown Office Rules 1906 were made under the authority conferred by this section. As to this section and those rules, see R v Amendt.
    Section 6 of the act was repealed by section 226(1) of, and Schedule 6 to, the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5. c. 49).
    The act was repealed by section 1(1) of, and Part XI of Schedule 1 to, the Statute Law (Repeals) Act 1989.


    Repealed acts


    Section 2 of the act provided that the act did not extend to Scotland or Ireland.
    Section 3 of the act repealed 98 enactments, listed in the schedule to the act, across six categories:

    Expired
    Spent
    Repealed in general terms
    Virtually repealed
    Superseded
    Obsolete
    Section 4 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.
    Section 5 of the act provided that any repeals would not revive any former rights, offices, or jurisdictions that had already been abolished.
    Section 6 of the act extended the powers in the Judicature Acts, including the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77) to make rules of court.


    See also


    Statute Law Revision Act


    Notes




    References

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