Statute Law Revision (Ireland) Act 1872

JurisdictionUK Non-devolved
Citation1872 c. 98


Statute Law (Ireland) Revision Act, 1872

(35 & 36 Vict.) CHAPTER 98.

An Act for promoting the Revision of the Statute Law by repealing certain Enactments which have ceased to be in force or have become unnecessary in Ireland.

[10th August 1872]

W HEREAS with a view to the revision of the statute law and particularly to make the revised edition of the statutes already published applicable to Ireland, it is expedient that certain enactments (mentioned in the schedule to this Act) passed in the Parliament of England, and which by an Act passed in the Parliament of Ireland in the tenth year of the reign of King Henry the Seventh, intituled ‘An Act confirming all the Statutes made in England,’ were declared to be good and effectual in the law, and to be accepted, used, and executed within the said land of Ireland, but which have ceased to be in force otherwise than by express and specific repeal, or have, by lapse of time and change of circumstances, become unnecessary, should be expressly and specifically repealed: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S-1 Enactments in schedule repealed.

1 Enactments in schedule repealed.

1. The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions in the schedule mentioned:

Provided, that where any enactment not comprised in the schedule has been confirmed, revived, or perpetuated, by any enactment hereby repealed, such confirmation, revivor, or perpetuation shall not be affected by such repeal;

and the repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated, or referred to;

and this Act shall not affect the validity or invalidity of anything already done or suffered,—or any right or title already acquired or accrued, or any remedy or proceeding in respect thereof,—or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or existing usage, office, or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;

nor shall this Act revive or restore any jurisdiction, office, duty, franchise, liberty, custom, privilege, restriction, exemption, usage, or practice, not now existing or in force.

S-2 Extent of Act.

2 Extent of Act.

2. This Act shall extend to Ireland only.

S-3 Short title.

3 Short title.

3. This Act may be cited as TheStatute Law (Ireland) Revision Act, 1872.

Note : this act is listed in the Chronological Table of Statutes as theStatute Law Revision (Ireland) Act, 1872

S C H E D U L E.

This schedule is to be read as referring to the edition prepared under the direction of the Record Commission, intituled ‘The Statutes of the Realm; printed by Command of His Majesty King George the Third, in pursuance of an Address of the House of Commons of Great Britain. From original Records and authentic Manuscripts.’ The dates and chapters of the Statutes and Acts are taken from that edition.

The repeal by the present Act of a part of a Statute or Act set out or referred to in the 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 a Statute or Act is inclusive of the words, section, or other part referred to as forming the beginning, or as forming the end, of the portion comprised in the description or citation.

The edition of Ruffhead referred to is that by Serjeant Runnington, 1786.

SCHEDULE.

HENRY III.

20 Henry 3.

—Provisiones de Merton

The Provisions of Merton

in part; namely,—
c. 3.

Punishment in cases of Redisseisin. Proceedings by the Sheriff in such cases.

c. 5.

Usuries shall not run against Minors.

c. 6.

Unlawful Marriage of Heirs; if under fourteen; if of that age, or above. Disparagement of Wards in Marriage.

c. 7.

Refusal of Heirs to marry.

c. 8.

Limitation of Writs. Writ of Right. Writs of Mortdauncestor, &c. Writs of Novel Disseisin.

c. 11.

Trespassers in Parks, &c.

20 Hen. 3. (1)

—Statutum Hibernie de Coheredibus.

The Statute of Ireland concerning Coparceners.

37 Hen. 3. (2)

—Sententia Excommunicationis lata in Transgressores Cartarum.

The Sentence of Curse given by the Bishops against the Breakers of the Charters. (3)

43 Hen. 3. (4)

—D' P'visionibuz f'cis p' Reget Consiliu suu.

Provisions made by the King and his Council.

51 & 52 Hen. 3. (5)

—Dictum de Kenilworth.

The Award made between the King and his Commons at Kenilworth. (6)

52 Hen. 3.

—Statutum de Marleberge

The Statute of Marlborough

in part; namely,—
c. 6.

Fraudulent Conveyances shall not deprive Lords of their Wardships. Process and Trial to avoid such Conveyances. Saving of Suits to Feoffees. Damages and Costs upon Malicious Suits by Lords.

(1 ) 14 Hen. 3. in Ruffhead's Edition.

(2 ) 38 Hen. 3. in Ruffhead's Edition.

(3 ) Inclusive of the Instrument (Protestatio Regis et Magnatum) printed in note (a ) 1 Stats, of the Realm 7, but not in Ruffhead's Edition.

(4 ) Not in Ruffhead's Edition.

(5 ) 51 Hen. 3. in Ruffhead's Edition (Appendix).

(6 ) Inclusive of the Instruments printed 1 Stats, of the Realm 18, and intituled respectively ‘Explanacio dicti de Kenillworthe,’ and ‘Addicio Dicti de Kenillworthe.’

c. 7.

Of the Writ of Ward and Process thereon. Saving for Heirs within Age.

c. 8. Of Persons taken for Redisseisin.
c. 11. No Fines for Beaupleader.
c. 12.

Of days in Court; in Dower; of days in Court in Darrein Presentment, and Quare Impedit. Process in Quare Impedit. Process upon Attachments.

c. 13.

Of Essoins after Issue joined. Proceedings on Default.

c. 16.

The Heir's Remedy after Wardship for Lands withholden. Simple Seisin only shall be taken of an Heir of full Age. The King shall have Primer Seisin of Lands holden of him in chief.

c. 22.

Compelling Freeholders to answer, &c.

c. 24.

Concerning the Attendance of those of 12 Years old on Inquests.

c. 26.

Of the Vouchee to Warranty's Appearance in Court.

c. 27.

Of a Clerk's Bail, on his refusing to answer.

c. 29.

Writ of Entry in the Post.

EDWARD I.

3 Edw. 1

—Les Premers Estatuz de Westmuster

The Statutes of Westminster; the First

in part; namely,—
c. 1.

For the maintaining Peace and Justice. For the Ease of Religious Ho uses Purveyance of Victual. Purveyance for Carriage. Penalty on Offenders. Action by the Party for the King. Process against Offenders. No suit for denying lodging. To whom the Act shall extend. Prelates, &c., restrained in lodging any. Sending Servants, &c., to lodge. Sheriff's Retinue.

c. 3.

No Fines for Escapes before Judgment.

c. 4.

Wreck. Custody of Goods wrecked; for the Owner; for the King. Penalty on Offenders.

c. 7.

Purveyance for Castles.

c. 8.

Beaupleader.

c. 12.

Felons refusing to plead.

c. 14.

Proceedings in Appeal against Principal and Accessary.

c. 17.

The Remedy if a Distress be impounded in a Castle or Fortress. Marches of Wales.

c. 18.

Assessing of Common Fines on the County.

c. 22.

Marriage of Wards. Marriage of Female Wards. Penalty on such Ward refusing Marriage.

c. 23.

Distress for Debts in Cities, &c., against Strangers.

c. 27.

Extortion by Clerks of Justices, &c.

c. 30.

Extortion by Officers of Courts.

c. 32.

Defaults of Purveyors. Purchasing the King's Debts. Purveyance of Horses and Carts.

c. 33.

Barretors in County Courts.

c. 36.

Aids for Knighthood and Marriage.

c. 37.

Disseisin with Robbery; or by Force.

c. 38.

Attaints in Real Actions.

c. 39.

Limitation of Prescription.

c. 40.

Vouchers to Warranty. In Writs of Entry no Voucher out of the Line. Counterpleading to Voucher in Writ of Right.

c. 41.

Champion's Oath in a Writ of Right.

c. 42.

No Essoin after Appearance.

c. 43.

Of Essoins by Parceners, &c.

c. 44.

Essoin of Ultra Mare.

c. 45.

Process to compel Appearance. Estreats of Issues.

c. 46.

Order of hearing Pleas.

c. 47.

Nonage of Heirs in Disseisins.

c. 48.

Unlawful Feoffment of Lands in Ward. Suit of Prochein Amy.

c. 49.

Plea in Dower.

c. 51.

Time of taking certain Assizes enlarged.

4 Edw. 1.

—Statutum de Bigamis.

The Statute of Bigamy.

4 Edw. 1. (1)

—Statut' de Justic' assign'; q'd vocatr Rageman.

A Statute concerning Justices being assigned; called Rageman.

6 Edw. 1.

—Statuta Gloucester'

The Statutes of Gloucester

in part; namely,—

The part preceding c. 1; namely,—

Franchises claimed may be used till Trial had. Proceedings on Claims to Franchises. Seiser of Franchises on Non-appearance. Exception for Want of original Writ. Proceedings on Claim of Franchises by Seisin of Ancestors. Form of Writ. Proceedings on such Writ. Complaint against Bailiffs.

c. 2.

No Delay for the Nonage of the Demandant.

c. 3.

Alienation by Tenant in Curtesy, void.

c. 4.

Remedy by Cessavit against a Tenant in Fee-Farm.

c. 6.

One Writ of Mortdauncestor for divers Heirs.

c. 7.

Writ of Entry in Casu proviso upon Alienation of Dower.

c. 9.

No Writ out of Chancery in certain Cases of Homicide. Of Appeals in Cases of Homicide.

c. 10.

One Essoin for Man and Wife.

c. 11.

Feigned Recovery in London against a Termor.

c. 12.

Vouching a Foreigner in London.

c. 13.

Waste restrained pending Suit.

c. 14.

Damages upon Disseisins in London.

c. 15.

Of Breach of Assize in London.

6 Edw. 1.

—Exposition of the Statute of Gloucester.

9 Edw. 1.

—Articulus Statuti Glouc p Dnm E. quondam Regem Angl prem Regis nunc, Anno Regni sui nono, & Consilium, suu, correctus p Civibz London de Forinsecis vocatisad Warrantum in Hustengo London.

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