Statute Law Revision and Civil Procedure Act 1881

JurisdictionUK Non-devolved
Citation1881 c. 59
Year1881


Statute Law Revision and Civil Procedure Act, 1881

(44 & 45 Vict.) CHAPTER 59.

An Act for promoting the revision of the Statute Law by repealing various enactments chiefly relating to Civil Procedure or matters connected therewith, and for amending in some respects the law relating to Civil Procedure.

[27th August 1881]

Whereas with a view to the revision of the statute law it is expedient that various enactments (mentioned in the schedule to this Act) which chiefly 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, or the subject-matter whereof is provided for by or under the Supreme Court of Judicature Act, 1873,and the Acts amending it, or for other reasons may properly be repealed, be now expressly and specifically repealed:

And whereas it is expedient that in some respects the law relating to civil procedure be amended:

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 theStatute Law Revision and Civil Procedure Act, 1881.

S-2 Extent.

2 Extent.

2. This Act does not extend to Scotland or Ireland.

S-3 Repeal of enactments in schedule.

3 Repeal of enactments in schedule.

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 The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions and qualifications mentioned in this Act and in that schedule.

S-4 Savings as to repealed enactments.

4 Savings as to repealed enactments.

4. 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 Anything done or suffered before the passing of this Act under any enactment repealed by this Act; or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or privilege acquired, or duty or liability imposed or incurred, or compensation secured by or under any enactment repealed by this Act; or
c .) In particular, any power to issue commissions a assize, oyer and terminer, or gaol delivery, or other like commissions, or any jurisdiction or power under or incidental to any such commission or any jurisdiction or power of the Supreme Court of Judicature in England, or of any judge thereof; or
d .) Any right to any hereditary revenues of the Crown, or any charges thereon; or
e .) The right of any existing officer or person to any salary stipend, emolument, or pension; or
f .) The repeal, confirmation, revival, or perpetuation by any enactment repealed by this Act of any enactment not repealed by this Act; or
g .) The application or incorporation of any enactment repealed by this Act by or under any enactment not repealed by this Act; or
h .) The extension to any court by Order in Council of any enactment repealed by this Act
S-5 Abolished procedure, &c. not revived.

5 Abolished procedure, &c. not revived.

5. This Act shall not be deemed to 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-6 Extension of powers in Judicature Acts to make rules of court.

6 Extension of powers in Judicature Acts to make rules of court.

6. The enactments relating to the making of rules of court contained in the Supreme Court of Judicature Act, 1875, and the Acts amending it, shall extend and apply to all matters with respect to which rules of procedure or general orders might have been made under any enactment repealed by this Act, and to all proceedings by or against the Crown.

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.

20 Hen. 3. c. 1.

The Provisions of Merton. Chapter one. Damages to widows oil a writ of dower.

52 Hen. 3. c. 3.

The Statute of Marlborough. Chapter three. Of resisting the King's officers in replevins. Distresses for services not due.

52 Hen. 3. c. 5.

The Statute of Marlborough. Chapter five. Confirmation of the Great Charter. Charter of the Forest.

52 Hen. 3. c. 9.

The Statute of Marlborough. Chapter nine. Who shall do suits of Court. Suits of Court by parceners, &c. The tenant's remedy against the lord, distraining for suits not due. The lord's remedy against the tenants, withholding their due suits.

52 Hen. 3. c. 10.

The Statute of Marlborough. Chapter ten. Exemptions from attending the sheriffs turns.

52 Hen. 3. c. 21.

The Statute of Marlborough. Chapter twenty-one. Sheriff, upon plaint, shall make replevins.

52 Hen. 3. c. 23. in part.

The Statute of Marlborough. Chapter twenty-three. Remedy against accountants. Farmers shall do no waste. Remedy thereon.

in part; namely,—

from ‘and it is provided’ to ‘make their account.’

3 Edw. 1. c. 19.

The Statutes of Westminster; the First. Sheriffs, &c. receiving the King's debts shall acquit the debtor. Penalty. Tallies of payment. Shewing of summons.

13 Edw. 1. c. 2.

The Statutes of Westminster; the Second. Chapter two. Mischiefs to lords distraining their tenants by replevins. A recordare to remove the plaint out of the county courts. Pledges to prosecute a replevin. Replevin of distress after judgement for return. Writ of second deliverance. Distress irrepleviable.

13 Edw. 1. c. 30.

The Statutes of Westminster; the Second. Chapter thirty. Assignment of justices of nisi prius. Adjournment of assises. Inquisitions of trespass, &c. may be determined before justices of nisi prius. The writ of nisi prius. Proceedings after verdict. Assises of darrein presentment and quare impedit shall be ended in their proper counties. Justices shall have their own clerks. Special verdicts. None shall be put in juries unless summoned.

13 Edw. 1. c. 31.

The Statutes of Westminster; the Second. Chapter thirty-one. Proceedings on bills of exceptions.

21 Edw. 1.

Statute of the Justices of Assise.

27 Edw. 1.

The Statute of Fines levied.

28 Edw. 1. c. 16.

Articles upon the Charters. Chapter sixteen. False returns.

9 Edw. 2. stat. 2.

in part.

The Statute of Sheriffs.

in part; namely,—

from ‘and that the execution of writs’ to end of Statute.

12 Edw. 2.

The Statute of York.

Statutes of uncertain date.

The Statutes of the Exchequer, from ‘And the treasurer and barons’ to ‘the King's own debt.’

1 Edw. 3. stat. 1.

Statute the First.

2 Edw. 3. c. 2.

Statute made at Northampton. Chapter two. Pardons for felony, Justices of assise and gaol delivery. Oyers and terminers.

4 Edw. 3.

in part.

Statute made at Westminster:

Except chapter seven.

14 Edw. 3. stat. 1. c. 16.

Statute the First. Chapter sixteen. Nisi prius may be granted before a justice of Common Pleas in a suit in King's Bench. Nisi prius may be granted before a justice of King's Bench in a suit in Common Pleas; or before the Chief Baron of Exchequer if a man of the law; or before justices of assise and King's serjeants. Justices of nisi prius may give judgement in quare impedit and darrain presentment.

18 Edw. 3. stat. 3. c. 5.

Statute the Third. Chapter five. Prohibitions.

20 Edw. 3.

Ordinance for the Justices.

8 Ric. 2.

Statute made at Westminster in the Eighth Year.

11 Ric. 2.

The Statute made at Westminster in the Eleventh year.

12 Ric. 2. c. 10.

in part.

Statute made at Cambridge in the Twelfth year. Chapter ten. Six justices of the peace in each county; Quarterly sessions, &c. Wages of justices and their clerk. No steward, &c. shall be assigned. Judges, &c., need not attend the sessions regularly;

in part; namely,—

the words, ‘and that no steward of any lord shall be assigned in any of the said Commissions.’

13 Ric. 2. stat. 1.

in part.

Statute of the Thirteenth Year:

Except chapter one.

7 Hen. 4. c. 3.

Statute of the Seventh Year. Chapter three. The rolls of estreats of issues, fines, &c., shall contain particulars of the cause of forfeiture, &c. The Statute 42 Edw. 3. c. 9...

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