Maintenance and Embracery Act 1540

The Maintenance and Embracery Act 1540^[a] (32 Hen. 8. c. 9) was an act of the Parliament of England.

Maintenance and Embracery Act 1540^[a]

Act of Parliament
Parliament of England
Long title	Agenst maintenaunce and embracery byeng of titles, &c.
Citation	32 Hen. 8. c. 9
Territorial extent	England and Wales
Dates
Royal assent	24 July 1540
Commencement	12 April 1540[b]
Repealed	21 July 1967
Other legislation
Amended by	Statute Law Revision Act 1863 Statute Law Revision Act 1888 Perjury Act 1911 Statute Law Revision Act 1948 Common Informers Act 1951
Repealed by	Criminal Law Act 1967
Status: Repealed
Text of statute as originally enacted

Legacy

Amendments

The words "or suborne any witnes by Ires, rewardis, promises, or by any other sinistre labour or meanes," and the words "or to the procurement or occasion of any manner of pjury by false verdict or otherwise" were repealed by section 17 of, and the schedule to, the Perjury Act 1911 (1 & 2 Geo. 5. c. 6).

The words from "the Sterre Chamber" to "marches of the same", except the words "or elliswhere within England", were repealed, and the words "of dett bill playnte" were repealed, by section 1 of, and schedule 1 to, the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).

The words "of dett bill playnte" in section 6 of the act were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).

The institution of proceedings under this section was restricted by sections 1 and 3 of, and the Schedule to, the Common Informers Act 1951.

Repeal

In 1966, the Law Commission recommended that section 3 of the act be repealed. They said that there was no sense in having a special rule for actions concerned with land.^[1]

Any offence under this act, to the extent to which it depended on any provision of this act, was abolished for England and Wales on 21 July 1967 by section 13(1)(b) of the Criminal Law Act 1967.

The whole act was repealed for England and Wales on 21 July 1967 by section 13(2) of, and part I of schedule 4 to, the Criminal Law Act 1967.

The act was retained for the Republic of Ireland by section 2(2)(a) of and part 2 of schedule 1 to, the Statute Law Revision Act 2007.

Provisions

Section 3 of the act introduced, as an alternative to criminal prosecution, a common informer action for certain forms of interference with the course of justice in legal proceedings that were concerned with the title to land.^[2]

Notes

1. The citation of this act by this short title was authorised for the United Kingdom by section 5 of, and schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978. The citation of this act as the Maintenance and Embracery Act 1540 is authorised for the Republic of Ireland by section 4 of, and Part 2 of Schedule 1 to, the Statute Law Revision Act 2007.
2. Start of session.