Page:Chronological Table and Index of the Statutes.djvu/12

From Wikisource
Jump to navigation Jump to search
This page has been validated.

vi

cannot be regarded as public Acts, affecting the community generally, being in their nature special or private Acts, relating to particular persons or places, or to private concerns. Acts of this kind are distinguished by the italic entries Local, Personal, Private in the second column of the Table (except in a few cases in which they are shewn to be not in force); and, as a general rule, the Table does not shew repeals affecting these Acts.

The second column of the Chronological Table gives, as regards all Acts of a public nature, wholly or partly in force, the heads in the Index under which they are to be found.

With respect to entries in the third column of the Chronological Table, the following has been the ordinary practice:

(1.) In a few instances, Acts have been repealed in part after having been wholly repealed; — in such cases the later partial repeal is disregarded.
(2.) In other instances, Acts have been repealed more than once; — in such cases a discretion has been exercised as to which repealing Act should be entered, and in some cases more than one are entered.
(3.) Where a repeal has been made nugatory by an express or implied revival, the repeal is generally disregarded.
(4.) Where a temporary Act has been repealed by an Act also temporary, but lasting longer than the original Act would have lasted if not repealed, the repeal is treated as effectual.
(5.) Where an Act has been partially repealed, and afterwards wholly repealed, the total repeal only is entered, except in the case of a partial repeal more extensive territorially than the total repeal.
(6.) In like manner partial repeals, covered by later partial repeals, are frequently omitted.
(7.) The partial determination, otherwise than by express repeal, of an Act which has not wholly ceased to be in force, is not generally noticed.

As regards repeals, total or partial, of Acts extended to Ireland by Poynings Act, the practice has been as follows:

(1.) Where the repeal is in terms limited territorially, so as not to apply to Ireland, the limitation is noticed.
(2.) Where the repeal is not in terms limited territorially, it is entered as unrestricted (even though the repealing Act is an Act of the Parliament of England or of Great Britain, therefore presumably not applying to Ireland).
(3.) Where a partial repeal by an Act of the Parliament of England or of Great Britain, not in terms limited territorially, has been followed by a total repeal as to England only, the partial repeal as well as the total repeal has been entered, though the partial repeal may not in fact extend to Ireland.
Some Acts passed after Poynings Act by the Parliament of England or of Great Britain purport to extend beyond England or Great Britain; repeals of these Acts effected by The Statute Law Revision Act, 1863, (ending with