Statute Law Revision and Civil Procedure Act 1883

JurisdictionUK Non-devolved
Citation1883 c. 49


Statute Law Revision and Civil Procedure Act, 1883.

(46 & 47 Vict.) CHAPTER 49.

An Act for promoting the Revision of the Statute Law by repealing various Enactments relating to Civil Procedure or matters connected there with, and for amending in some respects the Law relating to Civil Procedure.

[25th August 1883]

W HEREAS 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of Judicature Act, 1873,and the Acts amending it, or rules made pursuant thereto, or for other reasons, may properly be repealed, be now expressly and specifically repealed: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, 1883.

S-2 Extent and commencement.

2 Extent and commencement.

2. This Act shall not extend to Scotland or Ireland. It shall come into operation on the twenty-fourth day of October one thousand eight hundred and eighty-three.

S-3 Repeal of enactments scheduled.

3 Repeal of enactments scheduled.

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 The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions and qualifications mentioned in this Act and in that schedule.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 Repeal of enactments scheduled in 42 & 43 Vict. c. 59.

4 Repeal of enactments scheduled in 42 & 43 Vict. c. 59.

4. The enactments mentioned in Part II. of the schedule to the Civil Procedure Acts Repeal Act, 1879, are hereby repealed.

S-5 Savings.

5 Savings.

5. 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a. ) Anything done or suffered before the passing of this Act under any enactment repealed by this Act; or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. ) Any right to any hereditary revenues of the Crown or any charges thereon; or
d. ) The repeal, confirmation, revival, or perpetuation by any enactment repealed by this Act of any enactment not repealed by this Act; or
e. ) The application or incorporation of any enactment repealed by this Act by or under any enactment not repealed by this Act, or by or under any Order in Council, so long as such Order remains in force
S-6 Abolished procedure not revived.

6 Abolished procedure not revived.

6. (a. ) 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.
b. ) No enactment repealed by virtue of section thirty-three of the Supreme Court of Judicature Act, 1875, shall be revived by reason of the annulment or alteration by any new Rules of Court of the rules contained in the First Schedule to that Act.
c. ) The enactments relating to the making of Rules of Court contained in the Supreme Court of Judicature Act, 1875, and the...

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