Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Civil Procedure Acts Repeal Act 1879

As Enacted Cited authorities 74 Cited in Amendments 94 Related
Vincent
JurisdictionUK Non-devolved
Citation1879 c. 59


Civil Procedure Acts Repeal Act, 1879

(42 & 43 Vict.) CHAPTER 59.

An Act for repealing certain Enactments relating to Civil Procedure which have ceased to be in force, or have become unnecessary, and for abolishing Outlawry in Civil Proceedings.

[15th August 1879]

Whereas , with a view to the revision of the Statute Law, it is expedient that certain enactments (mentioned in the schedule to this Act) which relate to civil procedure or matters connected therewith, and which may be regarded as spent, or have ceased to be in force otherwise than by express and specific repeal by Parliament, or have, by lapse of time and change of circumstances, become unnecessary, be expressly and specifically repealed:

And whereas the process of outlawry in civil proceedings has become obsolete, and it is expedient that it be formally abolished, and that the enactments relating thereto be repealed:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Short title.

1 Short title.

1. This Act may be cited as theCivil Procedure Acts Repeal Act, 1879.

S-2 Repeal of enactments in schedule.

2 Repeal of enactments in schedule.

2. The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions and qualifications mentioned in this Act and in the schedule to this Act.

S-3 Abolition of outlawry in civil proceedings.

3 Abolition of outlawry in civil proceedings.

3. After the passing of this Act no person shall be outlawed or waived in or in consequence of any civil proceeding, and no proceedings to outlawry or waiver in or in consequence of any civil proceeding shall be taken at the instance of the Crown or otherwise.

S-4 Saving as to repealed enactments.

4 Saving as to repealed enactments.

(1)4.—(1.) The repeal effected by this Act shall not affect:

(a. ) Anything done or suffered before the passing of this Act under any enactment repealed by this Act; or

(b. ) Any jurisdiction or principle or rule of law or equity established or confirmed, or right or privilege acquired, or duty or liability imposed or incurred, or compensation secured, by or under any enactment so repealed; or

(c. ) Any right to any hereditary revenues of the Crown, or any charges thereon; or

(d. ) The repeal, confirmation, revival, or perpetuation by any enactment so repealed of any enactment not so repealed; or

(e. ) The application or incorporation of any enactment so repealed by any enactment not so repealed.

(2) (2.) The repeal effected by this Act shall not extend to any part of Her Majesty's dominions out of the United Kingdom, and shall not, as regards the enactments described in Part II. of the schedule to this Act, operate in respect of any court other than the Supreme Court of Judicature in England.

(3) (3.) Nothing in this Act shall be construed to imply that any enactment described in Part II. of the schedule to this Act has not ceased to be in force or become unnecessary as regards any court other than the Supreme Court of Judicature in England.

(4) (4.) This Act shall not revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter or thing, not existing or in force at the passing of this Act.

S C H E D U L E.

ENACTMENTS REPEALED.

This Schedule is to be read as referring to the Revised Edition of the Statutes prepared under the direction of the Statute Law Committee in all cases of statutes included in that edition.

The chapters of the statutes (before the division into separate Acts) are described by the marginal abstracts given in that edition.

The repeal by the present Act of a part of a statute set out or referred to in terms of the translation given in that edition is to operate on the original Latin or Norman-French, of which the translation is set out or referred to, as if the original itself were in like manner set out or referred to.

A description or citation of a portion of an Act is inclusive of the words, section, or other part, first or last mentioned, or otherwise referred to as forming the beginning or forming the end of the portion comprised in the description or citation.

I

PART I.

Enactments Repealed Generally.

20 Hen. 3. c. 10.

The Provisions of Merton. Chapter Ten. Attornies in County Courts.

40 Hen. 3. (Stat.

Bissex. )

A Provision for the Day in Leap Year. The extra Day in Leap Year and the Day preceding shall be reckoned as one Day.
52 Hen. 3. c. 18.

The Statute of Marlborough. Chapter Eighteen. Amercements for Defaults restrained.
52 Hen. 3. c. 19.

The Statute of Marlborough. Chapter Nineteen. Pleas of False Judgment confined to the King's Courts.
52 Hen. 3. c. 20.

The Statute of Marlborough. Chapter Twenty. In County Courts, &c. Essoins need not be sworn.
52 Hen. 3. c. 28.

The Statute of Marlborough. Chapter Twenty-eight. Prelates, &c. may prosecute for Wrongs done to their Predecessors, and in time of vacation.
3 Edw. 1. c. 21.

The Statutes of Westminster, the First. Chapter Twenty-one. Lands in Ward shall be duly kept.
3 Edw. 1. c. 24.

The Statutes of Westminster, the First. Chapter Twenty-four. Unlawful Disseisin by Escheators, &c.
3 Edw. 1. c. 35.

The Statutes of Westminster, the First. Chapter Thirty-five. Excess of Jurisdiction in Franchises.

6 Edw. 1. c. 1.

in part.

The Statutes of Gloucester. Chapter One. Damages in Novel Disseisin. In Mort d'Auncestor. Cosinage, &c. When Damages shall be recovered then costs also. Damages generally;

Except from ‘And whereas before Time’ to ‘recover Damages.’
6 Edw. 1. c. 5.

The Statutes of Gloucester. Chapter Five. Action of Waste extended.
6 Edw. 1. c. 8.

The Statutes of Gloucester. Chapter Eight. In what Court Pleas of Trespass shall lie. Defendants may plead by Attornies. Essoins by Plaintiffs. Defendants.

12 Edw. 1.

in part.

Provisions made in the Exchequer, otherwise called the Statute of Rutland; in part; namely,—

From ‘But for so much as certain Pleas’ to ‘Ministers aforesaid,’ being the part described in the following marginal abstract: ‘No suit shall be prosecuted in the Exchequer unless it concern the King or his Officers there.’
13 Edw. 1. c. 10.

The Statutes of Westminster, the Second. Chapter Ten. Time of the delivering of Writs for Suits depending before Justices in Eyre. Any Person may make a General Attorney in Eyre.
13 Edw. 1. c. 14.

The Statutes of Westminster, the Second. Chapter Fourteen. The Process in an Action of Waste. A Writ of Inquiry of Waste.
13 Edw. 1. c. 22.

The Statutes of Westminster, the Second. Chapter Twenty-two. Waste between Joint Tenants and Tenants in common.
13 Edw. 1. c. 29.

The Statutes of Westminster, the Second. Chapter Twenty-nine. To whom and in what cases Commissions to hear and determine shall be granted. A Writ of Odio et Atia.

13 Edw. 1. c. 35.

in part.

The Statutes of Westminster, the Second. Chapter Thirty-five. Punishment of him that taketh away a Ward. Writ of ravishment of Ward. In the proper County. Process against an Offender. Writ, if the Heir be carried into another County. Death of the Heir before the Suit ended. Death of the Plaintiff. Death of the Defendant. Resummons in Communi Custodia. The like in Ejectione Custodi;

in part; namely,—

From ‘and thereupon the Plaintiff shall have such a Writ,’ to the End of the Chapter.
13 Edw. 1. c. 36.

The Statutes of Westminster, the Second. Chapter Thirty-six. Penalty for procurement of Suits in Courts Baron, County Courts, &c.
13 Edw. 1. c. 50.

The Statutes of Westminster, the Second. Chapter Fifty. Commencement of the foregoing Statutes.
18 Edw. 1.

The Statute of Quo Warranto. How Writs of Quo Warranto ought to be determined and pleaded in future. Liberties by Prescription. Liberties by Charter. Pleas of Quo Warranto shall be determined on Circuit.
18 Edw. 1.

Another new Statute of Quo Warranto. Liberties by Prescription or the King's Grant.
25 Edw. 1. c. 11.

Magna Carta. Chapter Eleven. Common Pleas.
25 Edw. 1. c. 12.

Magna Carta. Chapter Twelve. Assizes of Novel Disseisin and Mort d'Ancestor. Circuits. Adjournment of Causes for Difficulty.

27 Edw. 1. (Ordin.

de Lib. Per. )

An Ordinance of purchasing Liberties. Chapter Five. Attornies of Sick Persons, &c.

28 Edw. 1. c. 3.

in part.

Articles upon the Charters. Chapter Three. Of what things only the Steward and Marshal of the King's House shall hold Plea. What Coroners shall inquire of the Death of a Man slain within the Rape;

in part; namely,—

From the beginning of the Chapter to ‘it shall be holden as void.’
28 Edw. 1. c. 6.

Articles upon the Charters. Chapter Six. No Common Law Writ under the Petty Seal.

Temp. incert. Stat. de Ward' et Releviis.

Statute concerning Wards and Reliefs. Relief and Wardship co-relative. Serjeanty. Sokemen. Writs of Ward; in case of Knight's Service. Socage to demand the Land and Heir; where there are two Lords; to demand the Heir only.

1 Edw. 3. Stat. 1.

c. 4.

Statute the First. Chapter Four. Averment against the Record in a Writ of False Judgment.
2 Edw. 3. c. 16.

Statute made at Northampton. Chapter Sixteen. Inquests in the Country shall be granted on Request of the Tenant.
5 Edw. 3. c. 12.

Statute made at Westminster. Chapter Twelve. Of Pardon on Outlawries. Satisfaction of Plaintiff's Damages. On Outlawry before Appearance, Party outlawed shall yield himself. Plaintiff shall be named to appear and proceed.
5 Edw. 3. c. 13.

Statute made at Westminster. Chapter Thirteen. Averment of Plaintiffs (or for the King) shall be received against Imprisonment alleged to defeat Outlawry.

9 Edw. 3. Stat. 1.

c. 3.

Roll of the Statute made at York, Statute the First. Chapter Three. Executors shall not fourch by Essoin. Process against Executors. Judgment...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT