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Statute Law Revision and Civil Procedure Act 1883


The Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49) is an act of the Parliament of the United Kingdom that repealed for England and Wales statutes relating to civil procedure from 1495 to 1867 which had ceased to be in force or had become necessary.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.

Statute Law Revision and Civil Procedure Act 1883[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act for promoting the Revision of the Statute Law by repealing various Enactments relating to Civil Procedure or matters connected therewith, and for amending in some respects the Law relating to Civil Procedure.
Citation46 & 47 Vict. c. 49
Introduced byRoundell Palmer, 1st Baron Selborne (Lords)
Territorial extent England and Wales[b]
Dates
Royal assent25 August 1883
Commencement24 October 1883[c]
Repealed1 January 1926
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Amended byStatute Law Revision Act 1898
Repealed bySupreme Court of Judicature (Consolidation) Act 1925
Relates to
Status: Repealed
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted

Section 187 of the County Courts Act 1888 (51 & 52 Vict. c. 43) provided that any reference to an inferior court in this Act was to be construed as referring to courts under that Act as well as to any other inferior court.[1]

Section 209 of the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5. c. 49) provided that if and so far as any enactment repealed by this act applied, or might have been applied by Order in Council, to the Court of the County Palatine of Lancaster, or to any inferior court of civil jurisdiction, that enactment was to be construed as if it were contained in a local and personal act specially relating to that court, and was to have effect accordingly.

Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.[2]

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.[3] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[3] 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.[4]

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.[3] 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.[3] The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).

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.[3]

Passage

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The Bill had its first reading in the House of Lords on 3 August 1883, introduced by the Lord Chancellor, Roundell Palmer, 1st Baron Selborne.[5] The Bill had its second reading in the House of Lords on 7 August 1883 and was committed to a Committee of the Whole House,[5] which met and reported on 9 August 1883, without amendments.[5] The Bill had its third reading in the House of Lords on 13 August 1883 and passed, without amendments.[5]

The Bill had its first reading in the House of Commons on 14 August 1883.[6] The Bill had its second reading in the House of Commons on 16 August 1883 and was committed to a Committee of the Whole House,[6] which met and reported on 18 August 1883, with amendments.[6] The amended Bill had its third reading in the House of Commons on 18 August 1883and passed, without amendments.[6]

The amended Bill was considered and agreed to by the House of Lords on 23 August 1883.[5]

The Bill was granted royal assent on 25 August 1883.[5]

Legacy

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The repeal of the Court of Chancery (England) Act 1850 (13 & 14 Vict. c. 35) was commented on. While this statute was ostensibly repealed, Order XXXIV, rule 5 of the New Rules specifically preserved its procedural aspects. This created an unusual situation where, despite the formal repeal, the practical effect remained largely unchanged, as the new rule maintained the same procedure for stating special cases as had existed under the original statute.[7]

The repeal of enactments mentioned in Part II of the schedule to the Civil Procedure Repeal Act 1879 (42 & 43 Vict. c. 59) by section 4 of the act was criticised for their complexity, specifically where multiple enactments served the same purpose, serving to "incumber the Statute-book".[8] For example, the Supreme Court of Judicature received powers under the Insolvent Debtors Relief (No. 2) Act 1728 (2 Geo. 2. c. 22) and the Set-off Act 1734 (8 Geo. 2. c. 24) that established the right of set-off for mutual debts in legal actions, through the Rules of Court 1875, and the County Court through the County Court Rules in 1876. These acts were affected by the Civil Procedure Repeal Act 1879 (42 & 43 Vict. c. 59) and these provisions were further extended to the Court of the County Palatine of Lancaster and other inferior civil courts by section 7 of the act.

There were significant challenges following the passing of the act, leading to several court cases.[9][10] As to the preamble, see Hanak v Green.[11] As to section 6, see Buckley v Hull Docks.[12] As to the effect of the act on Lord Cairns' Act (21 & 22 Vict. c. 27), see Leeds Industrial Co-operative Society v Slack.[13] In Snelling v. Pulling (Law Times, Jan. 31, 1885), statutes marked as "repealed" remained effectively in force for certain purposes.[14] For example, despite the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59), which was meant to repeal earlier procedural rules, the court determined that some prior legal principles maintained their binding effect.[9] A similar issue arose in Sargant v. Collyer (51 L. T. Rep. N. S. 723), where the Court of Appeal emphasized that despite the formal repeal of Lord Cairns' Act (21 & 22 Vict. c. 27) by the act, certain jurisdictional powers were preserved through section 5 of the act.[15][16][14] This created confusion particularly regarding the Palatine Court of Lancaster and other local courts.[9]

The preamble, section 2 from "It shall" to the end of the section, section 4, section 5, section 6(a) and section 6(b) and the schedule to the act except the entries as to the Perpetuation of Testimony Act 1842 (5 & 6 Vict. c. 69) and Chancery Amendment Act 1858 (21 & 22 Vict.) c. 27 was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1898 (61 & 62 Vict. c. 22).

Repealed acts

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Section 2 of the act provided that the act did not extend to Scotland or Ireland and would commence on 24 October 1883.[17]

Section 3 of the act repealed 19 acts, listed in the schedule to the act, across six categories:[18][d]

  • Expired
  • Spent
  • Repealed in general terms
  • Virtually repealed
  • Superseded
  • Obsolete

Section 4 of the act repealed the enactments mentioned in Part II of the schedule to the Civil Procedure Repeal Act 1879 (42 & 43 Vict. c. 59).

Section 5 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 5 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts.[17] This was included to prevent an accidental repeal of a power which ought to be preserved, that Lord Cairn's Act is still in force and that the Court Division can award damages in lieu of injunction.[19]

Section 6 of the act provided:[17]

  • Any repeals would not revive any former rights, offices, or jurisdictions that had already been abolished.
  • No enactment repealed by section 33 of the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77) shall be revived by reason of the annulment or alteration by any new Rule of Court of the rules contained in the First Schedule to that Act. This ensured that matters abolished by the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77), including local venues, bills of exception, proceedings in error etc., remained abolished.[14]
  • Enactments relating to making of Rules of Court, contained in the Judicature Acts, shall be deemed to extent and apply to the matters contained in and regulated by the enactments repealed by the Act. This ensured that the Rules of Court passed under repealed acts would remain valid and not be ultra vires.[14]

Section 7 of the act provided that repealed enactments shall be construed as if they were contained in a local and personal act relating to the Court of the County Palatine of Lancaster or any inferior court of jurisdiction.[17]

Section 8 of the act provided that the monarch had power by order in council to extend any provisions of the Judicature Acts to inferior courts of civil jurisdiction, in the same manner as provisions under the Common Law Procedure Act 1852 (15 & 16 Vict. c. 76), the Common Law Procedure Act 1854 (17 & 18 Vict. c. 125) and the Common Law Procedure Act 1860 (23 & 24 Vict. c. 126) were extended to any such court.[17]

Citation Short Title Title Extent of repeal
11 Hen. 7. c. 12 Suing in Forma Pauperis Act 1495 An Acte to admytt such psons as are poore to sue in forma pauperis. The whole.[e]
23 Hen. 8. c. 15 Costs Act 1531 An Acte that the defendant shall recover costs againste the pleyntiff if the pleyntiff be nonsuited, or if the verdict passe againste him. The whole.
9 Anne. c. 25 Municipal Offices Act 1710 An Act the title whereof begins with the words "An Act for rendering," and ends with the words "in corporations and boroughs." In part; section one from the words "For remedy whereof" down to the end of the section. Section two, section three, and section six.
1 Will. 4. c. 21 Prohibition and Mandamus Act 1831 An Act to improve the proceedings in prohibition and on writs of mandamus. The whole.
1 Will. 4. c. 22 Evidence on Commission Act 1831 An Act to enable courts of law to order the examination of witnesses upon interrogatories and otherwise. Section three, section four, section five, section eight, section nine, section ten, section eleven.
1 & 2 Will. 4. c. 58 Interpleader (England) Act 1831 An Act to enable courts of law to give relief against adverse claims made upon persons having no interest in the subject of such claims. The whole.
5 & 6 Vict. c. 69 Perpetuation of Testimony Act 1842 An Act for perpetuating testimony in certain cases. The whole.
6 & 7 Vict. c. 67 Writs of Mandamus Act 1843 An Act to enable parties to sue out and prosecute writs of error in certain cases upon the proceedings on writs of mandamus. The whole.
13 & 14 Vict. c. 35 Court of Chancery (England) Act 1850 An Act to diminish the delay and expense of proceedings in the High Court of Chancery in England. The whole.
15 & 16 Vict. c. 76 Common Law Procedure Act 1852 The Common Law Procedure Act, 1852. The whole Act except sect. 23; sects. 104 to 108; sect. 110; sects. 112 to 115; sect. 126; sect. 127; sect. 132; sects. 208 to 220; sect. 226; sect. 235; and sect. 236.
15 & 16 Vict. c. 80 Master in Chancery Abolition Act 1852 An Act to abolish the office of Master in Ordinary of the High Court of Chancery, and to make provision for the more speedy and efficient despatch of business in the said Court. Sects. 11 to 15, 26 to 34, 36, 40, 42, 43, 53, 56.
15 & 16 Vict. c. 86 Court of Chancery Procedure Act 1852 An Act to amend the Practice and Course of Proceeding in the High Court of Chancery. Sects. 3 to 21, sects. 25 to 42, sects. 44 to 47, sects. 49 to 62, sect. 66, and the schedule.
17 & 18 Vict. c. 125 Common Law Procedure Act 1854 The Common Law Procedure Act, 1854. The whole Act except sects. 3 to 17, sects. 20 to 30, sect. 59, sect. 87, sect. 89, sects. 105, 106, and 107.
18 & 19 Vict. c. 67 Summary Procedure on Bills of Exchange Act 1855 The Summary Procedure on Bills of Exchange Act, 1855. The whole.
21 & 22 Vict. c. 27 Chancery Amendment Act 1858 The Chancery Amendment Act, 1858. The whole.
23 & 24 Vict. c. 38 Law of Property Amendment Act 1860 An Act to further amend the law of property. Sect. 14.
23 & 24 Vict. c. 126 Common Law Procedure Act 1860 The Common Law Procedure Act, 1860. The whole Act, except sect. 1, sect. 17, sect. 22, sects. 45 and 46.
25 & 26 Vict. c. 42 Chancery Regulation Act 1862 The Chancery Regulation Act, 1862. The whole.
30 & 31 Vict. c. 64 Court of Appeal in Chancery Act 1867 An Act to make further provision for the despatch of business in the Court of Appeal in Chancery. The whole.

See also

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Notes

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  1. ^ Section 1.
  2. ^ Section 2.
  3. ^ Section 2.
  4. ^ The Note of the Bill, unlike the Schedule, gives commentary on each act, noting any earlier repeals and the reason for the new repeal.
  5. ^ Repealed for the avoidance of doubt by Statute Law (Repeals) Act 1973 (c. 39). The Chronological Table of the Statutes state "Rep., 46 & 47 Vict. c. 49 s. 3., but see s. 7."

References

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  • Thomas Snow, Charles Burney and Francis A Stringer. The Annual Practice 1909. Sweet and Maxwell. Stevens and Sons. London. 1909. Volume 1. Pages ccxciii, 7, 52, 159, 198, 459, 463, 469, 515, 520, 526, 528, 540, 617, 642, 647, 650 to 653, 668, 669, 709, 712 and 803. Volume 2. Pages 530, 560, 588, 587 and 1005.
  • Powell. Roscoe's Digest of the Law of Evidence. Sixteenth Edition. 1891. Volume 1. Pages 9, 228, 310, 716, 732, 880, 990, 991, 998, 999.
  1. ^ The County Courts Act 1888, section 187
  2. ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
  3. ^ a b c d e Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.   This article incorporates text from this source, which is in the public domain.
  4. ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  5. ^ a b c d e f Parliament, Great Britain (1883). Journals of the House of Lords. Vol. 115. pp. 377, 384, 391, 402, 426, 433, 439, 564.
  6. ^ a b c d Commons, Great Britain House of (1883). The Journals of the House of Commons (PDF). Vol. 138. pp. 443, 454–455, 462, 464–465, 470, 486, 491. Retrieved 29 October 2024.
  7. ^ Indermaur, John; Thwaites, Charles (1883). The Law Students' Journal. G. Barber.
  8. ^ The Law Times. Office of Law Times. 1890.
  9. ^ a b c The Law Times. Office of The Law times. 1885.
  10. ^ Courts, Great Britain (1892). The Law Reports of the Incorporated Council of Law Reporting for England and Wales: Digest of Cases Decided by the House of Lords, Privy Council, Superior Courts of Common Law and Equity, Admiralty and Ecclesiastical Courts, Courts for Probate, Divorce, and Matrimonial Cases, and for Crown Cases Reserved, by the Court of Appeal, the Several Divisions of the High Court of Justice, the Chief Judge in Bankruptcy, and the Railway and Canal Commission, Together with a Digest of the Important Statutes from the Commencement of Michaelmas Term, 1865, to the End of Trinity Sittings, 1890. Printed and published for the Council of law reporting, by W. Clowes and sons, limited. p. 6794.
  11. ^ Hanak v Green [1958] 2 QB 9; [1958] 2 WLR 755; [1958] 2 All ER 141
  12. ^ The Law Times Reports of Cases Decided in the House of Lords, the Privy Council, the Court of Appeal ... [new Series]. Butterworth. 1894. p. 347.
  13. ^ [1924] AC 851 [1]; (1924) 131 LT 710 ; [1924] All ER Rep 259 [2]; [1924] 93 LJCh 436. See also (1924) 157 The Law Times 473 (7 June).
  14. ^ a b c d Wilson, Arthur; Burney, Charles; Muir-Mackenzie, Montague; White, Charles Arnold (1888). Wilson's Practice of the Supreme Court of Judicature: Containing the Acts, Orders, Rules and Regulations Relating to the Supreme Court. With Practical Notes. Stevens. pp. 125–127, 1, 15, 25, 36, 38, 39, 55, 56, 59, 62, 63, 65, 68, 74 to 76, 80 to 82, 86, 88, 89, 91, 94, 113, 122, 128*, 130, 153, 154, 277, 284, 376, 434 and 515.
  15. ^ Jacob, Ephraim Arnold (1886). An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England: Comprising the Reported Cases from 1756 to 1878, with References to the Rules and Statutes, Founded on the Digests of Harrison and Fisher. John C. Remick. p. 17833.
  16. ^ Jenks, Edward; Geldart, William; Holdsworth, William Searle; Lee, R. W. (Robert Warden); Miles, John Charles (1921). A Digest of English civil law. Cornell University Library. London : Butterworth. pp. 377, 389.
  17. ^ a b c d e Britain, Great (1883). Public General Statutes. H.M. Stationery Office. pp. 225–227.
  18. ^ Commons, Great Britain Parliament House of (1881). Public Bills.
  19. ^ The Annual Practice. Sweet and Maxwell. 1884. pp. 114–117.
 
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