Statute Law Revision Act 1888
|The Statute Law Revision Act 1888|
Source: The Public General Acts pased in the fifty-first and fifty-second years of the reign of Her Majesty Queen Victoria. HMSO. London. 1888. Pages 13 to 111.
An Act for further promoting the Revision of the Statute Law by repealing superfluous expressions of enactment, and enactments which have ceased to be in force or have become unnecessary. [27th March 1888.]
WHEREAS in numerous statutes the expression "be it further enacted by the authority aforesaid," or similar expressions of enactment, are frequently repeated, and it is expedient, with a view to the revision of the Statute Law, and particularly to the improvement of the Revised Edition of the Statutes, to repeal these expressions, which are superfluous;
And whereas it is expedient that certain enactments which may be regarded as spent, or have ceased to be in force otherwise than by express specific repeal by Parliament, or by lapse of time or otherwise have become unnecessary, should be expressly and specifically repealed:
And whereas the Crown Office Rules, 1886, regulate proceedings in outlawry in the Crown Office of Her Majesty's High Court of Justice, and it is expedient that like rules be made for regulating proceedings in outlawry in courts of assize, oyer and terminer, and gaol delivery, and in other courts in England:
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 the present Parliament assembled, and by the authority of the same as follows:
Enactments in schedule repealed.
1. (1.) The enactments described in Parts I. and II. of the schedule to this Act are hereby repealed:
(2.) The Lord Chancellor may, if he thinks fit, by order, extend the Crown Office Rules in force for the time being as to proceedings in outlawry to proceedings in outlawry in courts of assize, oyer and terminer and gaol delivery, and in other courts in England, with such modifications (if any) as to him may seem expedient; and, as from the date of the order under this enactment coming into operation, the enactments in Part. III of the Schedule to this Act shall be repealed.
(3.) Provided that the repeal of any words or expressions described in Part I. shall not affect the binding force, operation, or construction of any statute, or of any part of a statute, whether as respects the past or future;
And where any enactment not comprised in the schedule to this Act has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act;
And the repeal by this Act of any enactment shall not affect any enactment in which such enactment has been applied, incorporated, or referred to;
Nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon, or prevent any such enactment from being put in force for the collection of such revenues, or otherwise in relation thereto;
And this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,-or any existing status or capacity,-or any right, title, obligation, or liability already acquire, accrued, or incurred, or any remedy or proceeding in respect thereof,-or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand,-or any indemnity,-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 any existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, or benefit 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, drawback, fee, payment, franchise, liberty, custom, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter or thing not now existing or in force;
And this Act shall not extend to repeal any enactment so far as the same may be in force in any part of Her Majesty's dominions out of the United Kingdom, except where otherwise expressed in the said schedule.
2. This Act may be cited as the Statute Law Revision Act, 1888.
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 ; and as referring, in the case of all Statutes not so included and passed before the reign of George the First, to the edition prepared under the direction of the Record Commission.