Civil Procedure Acts Repeal Act 1879 Explained

Short Title:Civil Procedure Acts Repeal Act 1879[1]
Type:Act
Parliament:Parliament of the United Kingdom
Long Title: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.
Year:1879
Statute Book Chapter:42 & 43 Vict. c. 59
Royal Assent:15 August 1879
Commencement:15 August 1879[2]
Replaces:Improvement of Commons Act 1549, Nisi Prius (Middlesex) Act 1575, Continuance, etc. of Laws Act 1586, Avoidance of Secret Outlawries Act 1588, Vexatious Arrests and Delays at Law Act 1661, Arrest of Judgment Act 1664, Replevins in Wales and Counties Palatine Act 1666, Statute of Frauds, Affidavits Act 1677, Reversal of Fines and Recoveries, etc. Act 1698, Frivolous Suits Act 1698
Repealing Legislation:Statute Law Revision Act 1958
Status:Repealed
Original Text:https://laws.parliament.na/cms_documents/civil-procedure-acts-repeal-act-1879-ce91feb078.pdf

The Civil Procedure Acts Repeal Act 1879[1] (42 & 43 Vict. c. 59) is an Act of the Parliament of the United Kingdom. It is a public general Act. The bill for this act was the Civil Procedure Acts Repeal Bill.[3]

This act was repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1958.

This act was repealed for the Republic of Ireland by sections 2(1) and 3(1) of, and Part 4 of Schedule 2 to, the Statute Law Revision Act 2007.

Section 7 of the Statute Law Revision and Civil Procedure Act 1883 provided that if and so far as any enactment repealed by this Act applied, or may have been by Order in Council applied, to the court of the county palatine of Lancaster, or to any inferior court of civil jurisdiction, such enactment was to be construed as if it were contained in a Local and Personal Act specially relating to such court, and was to have effect accordingly.

As to sections 2 and 4, see Snelling v Pulling.[4]

Preamble

The preamble was repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1894.

Section 3 - Abolition of outlawry in civil proceedings

The words from the beginning of this section to the word "Act" were repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1894.

Section 4 - Saving as to repealed enactments

As to section 4(1), see Hanak v Green.[5]

In section 4(2), the words from "and shall not" to the end were repealed by section 1 of, and the first part of the schedule to, the Statute Law Revision Act 1898.

Section 4(3) was repealed by section 1 of, and the first part of the schedule to, the Statute Law Revision Act 1898.

Schedule - Enactments repealed

This schedule was repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1894.

The enactments mentioned in Part II of this schedule were repealed by section 4 of the Statute Law Revision and Civil Procedure Act 1883.

See also

References

External links

Notes and References

  1. The citation of this Act by this short title was authorised by section 1 of this Act. Due to the repeal of that enactment, it is now authorised for the United Kingdom by section 19(2) of the Interpretation Act 1978 and for the Republic of Ireland by section 3 of the Short Titles Act 1896.
  2. The Acts of Parliament (Commencement) Act 1793
  3. https://books.google.com/books?id=GKn-afArjLgC&pg=PT41 "Civil Procedure Acts Repeal Bill
  4. Snelling v Pulling (1885) 52 LT 335
  5. Hanak v Green [1958] 2 QB 9; [1958] 2 WLR 755; [1958] 2 All ER 141