Statute Law Revision Act 1893 Explained

Short Title:Statute Law Revision Act 1893[1]
Parliament:Parliament of the United Kingdom
Long Title:An Act for further promoting the Revision of the Statute Law by repealing Enactments which have ceased to be in force or have become unnecessary.
Year:1893
Statute Book Chapter:56 & 57 Vict. c. 14
Introduced By:Lord Herschell LC[2]
Royal Assent:9 June 1893

The Statute Law Revision Act 1893 (56 & 57 Vict. c. 14) is an Act of the Parliament of the United Kingdom. Cotton said this Act is the twenty-second Statute Law Revision Act.[3]

This Act was partly in force in Great Britain at the end of 2010.[4]

This Act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 4 of Schedule 1 to, the Statute Law Revision Act 2007.

Section 4(1) of Imperial Laws Application Act 1988 (No 112) provides that this Act is not part of the laws of New Zealand.

The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this Act were repealed so far as they extended to the Isle of Man[5] on 25 July 1991.[6]

Section 3 of the Statute Law Revision Act 1898 provided that the second part of the Schedule to that Act was to be substituted for so much of this Act as related to the Record of Title Act (Ireland) 1865, and that this Act was to be read and construed as if the part so substituted had originally been enacted as part of this Act.

As to the construction of this Act, see Cairney v Wright (1908).[7]

Bill

The Bill for this Act was called the Statute Law Revision (No. 1) Bill.[8] [9]

The Note and the third column of the Schedule to the Bill give the ground of repeal for each enactment proposed for repeal. Where the ground of repeal is implied repeal by an earlier statute, the details of the implied repeal are stated. The Note and the third column were struck out before the Bill passed, and are not included in the Act.

Section 1 - Enactments in Schedule repealed

The proviso to this section consists of the Westbury saving.

This section was repealed by Group 1 of Part IX of Schedule 1 to the Statute Law (Repeals) Act 1998.

Section 2 - Application of repealed enactments in local courts

The words "to the court of the county palatine of Lancaster or" in this section were repealed by section 56(4) of, and Part II of Schedule 11 to, the Courts Act 1971. This section was repealed by section 32(4) of, and Part V of Schedule 5 to, the Administration of Justice Act 1977.

Section 3 - Citation by short titles

This section provides that where any Act cites or refers to another Act otherwise than by its short title, the short title may, in any revised edition of the statutes printed by authority, be printed in substitution for such citation or reference.[10]

Schedule

The Act contains, in the Schedule, repeals of 530 Acts or parts of Acts. The earliest Act dealt with is the Dublin Police Act 1837 (7 Will 4 & 1 Vict c 25). The latest Act dealt with is the Colonial Shipping Act 1868 (31 & 32 Vict c 129).[11]

Territorial extent of Schedule

The schedule repealed, as to all Her Majesty's Dominions, the whole of the Acts 25 & 26 Vict. c. 48 and 31 & 32 Vict. c. 57, and parts of the New Zealand Constitution Act 1852 (15 & 16 Vict. c. 72), the Act 27 & 28 Vict. c. 77, the Indian High Courts Act 1865 (28 & 29 Vict. c. 15), the India Military Funds Act 1866 (29 & 30 Vict. c. 18), the Act 29 & 30 Vict. c. 74, and the British North America Act 1867 (30 & 31 Vict. c. 3).[12]

Amendments to Schedule

This Schedule was repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1908 (8 Edw. 7. c. 49). However, the proviso to section 1 of the Statute Law Revision Act 1908 provided that this Schedule was not repealed so far as this Schedule was in force in any part of His Majesty's dominions[13] outside the United Kingdom.

Accordingly, the Statute Law Revision Act 1908 did not repeal, as to His Majesty's dominions outside the United Kingdom, much of this schedule as related to the New Zealand Constitution Act 1852 (15 & 16 Vict. c. 72), the Act 25 & 26 Vict. c. 48, the Act 27 & 28 Vict. c. 77, the Indian High Courts Act 1865 (28 & 29 Vict. c. 15), the India Military Funds Act 1866 (29 & 30 Vict. c. 18), the Act 29 & 30 Vict. c. 74, the British North America Act 1867 (30 & 31 Vict. c. 3) and the Act 31 & 32 Vict. c. 57.[14]

The effect of the Statute Law Revision Act 1908 is that the Schedule is repealed in the Republic of Ireland.[15]

Section 15 of the Naval Discipline Act 1915 (5 & 6 Geo. 5. c. 30) provided that so much of the Schedule as related to the preamble to, and part of section 86 of, the Naval Discipline Act (29 & 30 Vict. c. 109) was to cease to have, and was to be deemed never to have had, effect.

Provisions of Schedule relating to Canada

This Schedule repealed, as to all Her Majesty's Dominions, sections 2, 25, 42, 43, 81, 89, 127 and 145 of the British North America Act 1867. The Schedule also repealed, as to all Her Majesty's Dominions, the following portions the British North America Act 1867:

The Bill for the Statute Law Revision Act 1893 says the ground of repeal was "As to Crown, see Interp. Act. Rest spent".[16] The words "As to Crown, see Interp. Act." refer to section 30 of the Interpretation Act 1889.[17] The provisions of this Schedule which relate to Canada consist of those which repeal parts of the British North America Act 1867.[18] The provisions of this Schedule which repeal parts of the British North America Act 1867 were not repealed, as to His Majesty's dominions out of the United Kingdom, by the Statute Law Revision Act 1908.

In 1936, these repeals were not known to all Canadians;[19] and in 1942, they were described as forgotten.[20] [21] [22]

Landlord and Tenant Law Amendment Act, Ireland, 1860

As to the repeal of section 60 of Deasy's Act by the Statute Law Revision Act 1893, see Burton v Brady[23] and Doyle v Paterson and McCarthy'.[24]

Public Houses Acts Amendment Act 1862

According to Edwin Adam, in Stirling v Dickson (1900), the Lord Justice General, and Lords Adam and M'Laren, sitting in the High Court of Justiciary, in a suspension, held that in view of the provisions of sections 3(2) and 6 of the Summary Procedure (Scotland) Act 1864 (27 & 28 Vict c 53), the repeal of section 18 of the Public Houses Acts Amendment Act 1862 (25 & 26 Vict c 35) by the Statute Law Revision Act 1893 did not make it necessary to revert to the six days induciae provided by section 23 of the Licensing (Scotland) Act 1828 (9 Geo 4 c 58), sometimes called the Home Drummond Act.[25]

See also

Bibliography and further reading

External links

Notes and References

  1. The citation of this Act by this short title is authorised by section 4 of this Act.
  2. HL Deb, 6 February 1893, col 518
  3. The Practical Statutes of the Session 1893. 1894. Part I. p 38.
  4. The Chronological Table of the Statutes, 1235 - 2010. The Stationery Office. 2011. . Part 1. Page 562, read with pages viii and x.
  5. The Statute Law Revision (Isle of Man) Act 1991, sections 1(1) and 2(2) and Schedule 1
  6. The Interpretation Act 1978, section 4(b)
  7. Cairney v Wright [1909] Session Cases 894 (5 December 1908) and see pp 17 & 78 https://books.google.com/books?id=epEuAAAAIAAJ https://books.google.com/books?id=Oi81AQAAMAAJ https://books.google.com/books?id=rCxHAQAAMAAJ; [1908] 16 Scots Law Times Reports 602 (12 December 1908); (1908) 46 The Scottish Law Reporter 223 and see p xxiv. See further: The Faculty Digest: Faculty of Advocates, An Analytical Digest of Cases Decided in the Supreme Courts of Scotland ... 1868 to 1922, 1924, vol 2, p 95, 1925, vol 5, p 201; The Scots Digest, 1915, p 265.
  8. https://books.google.com/books?id=gn9KAAAAYAAJ&pg=RA41-PA21 "Statute Law Revision (No. 1) Bill"
  9. Statute Law Revision (No 1) Bill 1893. p 1 and Amendment thereto.
  10. The Statute Law Revision Act 1893, section 3. Craies, A Treatise on Statute Law, Second Edition, Stevens & Haynes, 1911, p 321. Halsbury's Laws of England, Fourth Edition, Reissue, Butterworths, London, 1995, volume 44(1), para 1227 at p 725.
  11. (1893) 95 The Law Times 264; (1894) 28 Irish Law Times 192
  12. The Law Reports: The Public General Statutes . . . 1893-4, 1894, vol 30, pp 41, 52, 69, 72, 85, 88 and 101.
  13. As to the meaning of "Her Majesty's dominions", see Roberts-Wray, "Her Majesty's Dominions", Commonwealth and Colonial Law, 1966, p 23 et seq; and Halsbury's Laws of England, 4th Ed, vol 6, para 803, 5th Ed, vol 13, para 707.
  14. This is the effect of the proviso to section 1 of the Statute Law Revision Act 1908: see, for example, The Public Acts of Queensland, vol 7, pp 808, 829 & 830; The Queensland Statutes (1962 Reprint), vol 3, pp 816, 826 & 827.
  15. https://www.irishstatutebook.ie/eli/isbc/bps1893.html 1893
  16. Statute Law Revision (No 1) Bill 1893, p 72
  17. (2002) 4 Constitutional Law and Policy Review; Zines, Constitutional Change in the Commonwealth, 1991, p 30; First Report of the Constitutional Commission, 1988, vol 1, pp 108 & 112.
  18. British North America Act and Amendments . . . 1867 - 1943. King's Printer. 1943. p 78 (see further p 76). The Revised Statutes of Canada 1952, King's Printer, 1953, vol 6, pp 161 & 162.
  19. The Oxford Handbook of the Australian Constitution, 2018, p 100;
  20. F R Scott, "Forgotten Amendments to the Canadian Constitution" in "Case and Comment" (1942) 20 The Canadian Bar Review 339 at 340 and 341. See further, page 573.
  21. Paul Gérin-Lajoie. "Note on the Statute Law Revision Acts". Constitutional Amendment in Canada. University of Toronto Press. Toronto. 1950. https://books.google.com/books?id=BPlHAQAAIAAJ. pp 129 to 131. PT120
  22. E Russell Hopkins. Confederation at the Crossroads: The Canadian Constitution. McClelland and Stewart. 1968. pp 266 & 267. See further pp 250 & 253. https://books.google.com/books?id=-rEdAAAAMAAJ
  23. Burton and others v Brady and others (1905) 39 Irish Law Times and Solicitors' Journal 82; 5 NIJR 120 (17 February 1905) https://books.google.com/books?id=Z1MtAQAAMAAJ https://books.google.com/books?id=pxBDAQAAMAAJ. See further: Maxwell, Digest of Cases decided by the Superior and other Courts in Ireland, from . . . 1904 to . . . 1911, Falconer, Dublin, 1912, p 711 https://books.google.com/books?id=HHI1AQAAMAAJ
  24. Doyle v Paterson and McCarthy [1934] The Irish Reports 116 and at 117 and 120; 68 Irish Law Times Reports 137 at 138. See also (1934) 68 Irish Law Times and Solicitors' Journal 88 (7 April 1934)
  25. Stirling v Dickson (1900) 3 Reports of Cases Before the High Court of Justiciary in Scotland 252 at 253, 254, 259 and 260. See further p 730.

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