Civil Procedure Acts Repeal Act 1879

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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. [15th August 1879.]

WHEREAS, with a view to the revision of the Statute Law, it is expedient that certain enactments (mentioned in the schedule to this Act) which 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by Parliament, or have, by lapse of time and change of circumstances, become unnecessary, be expressly and specifically repealed:

And whereas the process of outlawry in civil proceedings has become obsolete, and it is expedient that it be formally abolished, and that the enactments relating thereto be repealed: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:

Short title.

1. This Act may be cited as the Civil Procedure Acts Repeal Act, 1879.

Repeal of enactments in schedule.

2. The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions and qualifications mentioned in this Act and in the schedule to this Act.

Abolition of outlawry in civil proceedings.

3. After the passing of this Act no person shall be outlawed or waived in or in consequence of any civil proceeding, and no proceedings to outlawry or waiver in or in consequence of any civil proceeding shall be taken at the instance of the Crown or otherwise.

Saving as to repealed enactments.

4.-(1.) 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(a.) Anything done or suffered before the passing of this Act under any enactment repealed by this Act; or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or privilege acquired, or duty or liability imposed or incurred, or compensation secured, by or under any enactment so repealed; or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(d.) The repeal, confirmation, revival, or perpetuation by any enactment so repealed of any enactment not so repealed; or
(e.) The application or incorporation of any enactment so repealed by any enactment not so repealed.
(2.) The repeal effected by this Act shall not extend to any part of Her Majesty's dominions out of the United Kingdom, and shall not, as regards the enactments described in Part II. of the schedule to this Act, operate in repect of any court other than the Supreme Court of Judicature in England.
(3.) Nothing in this Act shall be construed to imply that any enactment described in Part II. of the schedule to this Act has not ceased to be in force or become unnecessary as regards any court other than the Supreme Court of Judicature in England.
(4.) This Act shall not 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.

SCHEDULE.

ENACTMENTS REPEALED.

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.

The chapters of the statutes (before the division into separate Acts) are described by the marginal abstracts given in that edition.

The repeal by the present Act of a part of a statute set out or referred to in 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 a like manner set out or referred to.

A description or citation of a portion of an Act is inclusive of the words, section, or other part, first or last mentioned, or otherwise referred to as forming the beginning or forming the end of the portion comprised in the description or citation.

PART I.

Enactments Repealed Generally.

20 Hen. 3. c. 10. The Provisions of Merton. Chapter Ten. Attornies in County Courts.
40 Hen. 3. (Stat. Bissex.) A Provision for the Day in Leap Year. The extra Day in Leap Year and the Day preceding shall be reckoned as one Day.
52 Hen. 3. c. 18. The Statute of Marlborough. Chapter Eighteen. Amercements for Defaults restrained.
52 Hen. 3. c. 19. The Statute of Marlborough. Chapter Nineteen. Pleas of False Judgment confined to the King's Courts.
52 Hen. 3. c. 20. The Statute of Marlborough. Chapter Twenty. In County Courts, &c. Essoins need not be sworn.
52 Hen. 3. c. 28. The Statute of Marlborough. Chapter Twenty-eight. Prelates, &c. may prosecute for Wrongs done to their Predecessors, and in time of vacation.
3 Edw. 1. c. 21. The Statutes of Westminster, the First. Chapter Twenty-one. Lands in Ward shall be duly kept.
3 Edw. 1. c. 24. The Statutes of Westminster, the First. Chapter Twenty-four. Unlawful Disseisin by Escheators, &c.
3 Edw. 1. c. 35. The Statutes of Westminster, the First. Chapter Thirty-five. Excess of Jurisdiction in Franchises.
6 Edw. 1. c. 1. in part. The Statutes of Gloucester. Chapter One. Damages in Novel Disseisin. In Mort d'Auncestor. Cosinage, &c. When Damages shall be recovered then costs also. Damages generally;
Except from "And whereas before Time" to "recover Damages."
6 Edw. 1. c. 5. The Statutes of Gloucester. Chapter Five. Action of Waste extended.
6 Edw. 1. c. 8. The Statutes of Gloucester. Chapter Eight. In what Court Pleas of Trespass shall lie. Defendants may plead by Attornies. Essoins by Plaintiffs. Defendants.

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