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Statute Law (Ireland) Revision Act 1872

Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia

Statute Law (Ireland) Revision Act 1872
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The Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98) is an act of the Parliament of the United Kingdom which repealed for Ireland statutes acts of the Parliament of England which had been extended to the then Lordship of Ireland by royal writs or acts of the Parliament of Ireland from the Magna Carta to Poynings' Law 1495 (10 Hen. 7. c. 22 (I)). The act was intended, in particular, to make the revised edition of the statutes already published applicable to Ireland.

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The act largely mirrored the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125), which repealed for England and Wales enactments from the Magna Carta to King James II.

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Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]

From 1810 to 1825, the The Statutes of the Realm was published, providing the first authoritative collection of acts.[2] The first statute law revision act was not passed until 1856 with the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64). This approach — focusing on removing obsolete laws from the statute book followed by consolidation — was proposed by Peter Locke King MP, who had been highly critical of previous commissions' approaches, expenditures, and lack of results.[3]

In 1863, the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) was passed, which repealed or amended over 1,600 enactments. However, The territorial extent of the act was limited to England and Wales, meaning that those acts passed before Poynings' Act 1495 (10 Hen. 7. c. 22 (I)) were not completely repealed for the United Kingdom.

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Passage

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The Statute Law Revision (Ireland) Bill was first introduced in the House of Lords on 9 August 1870 by the Solicitor General for Ireland, Richard Dowse and the Chief Secretary for Ireland, Chichester Fortescue,[4] but did not progress in that parliamentary session.[5]

The re-introduced Statute Law Revision (Ireland) Bill had its first reading in the House of Lords on 16 July 1872, introduced by the Lord Chancellor of Ireland, Thomas O'Hagan, 1st Baron O'Hagan.[6][7] The bill had its second reading in the House of Lords on 30 July 1872 and was committed to a committee of the whole house,[8] which met and reported on 1 August 1872, without amendments.[9] The bill had its third reading in the House of Lords on 2 August 1872 and passed, without amendments.[10]

The bill had its first reading in the House of Commons on 3 August 1872.[11] The bill had its second reading in the House of Commons on 5 August 1872 and was committed to a committee of the whole house,[12] which met and reported on 6 August 1872, without amendments.[13] The bill had its third reading in the House of Commons on 8 August 1872 and passed, with amendments.[14]

The amended bill was considered and agreed to by the House of Lords on 8 August 1872.[15]

The bill was granted royal assent on 10 August 1872.[16]

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Legacy

The act was intended, in particular, to make the revised edition of the statutes already published applicable to Ireland.[17]

The Statute Law Revision (Ireland) Act 1878 (41 & 42 Vict. c. 57) and Statute Law Revision (Ireland) Act 1879 (42 & 43 Vict. c. 24) repealed more enactments of the Parliament of Ireland.

In 1887, the Sheriffs Act 1887 (50 & 51 Vict. c. 55) was passed, which repealed for England and Wales enactments included in the act relating to sheriffs.

The act was retained for the Republic of Ireland by the Statute Law Revision Act 2007.[18] and remains in force there as of 12 September 2024.[19]

Repealed enactments

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Section 1 of the act repealed 1,056 enactments, listed in the schedule to the act, across six categories:[17][c]

  • Expired
  • Spent
  • Repealed in general terms
  • Virtually repealed
  • Superseded
  • Obsolete

Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished.[17]

Section 2 of the act specified that the act extended to Ireland only.[17]

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See also

Notes

  1. Section 3.
  2. The Note of the bill, unlike other Statute Law Revision Acts, did not give commentary on each act.
  3. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Bankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict. c. 83).
  4. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Commons Act 2006.
  5. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Salmon Fishery Act 1861 (24 & 25 Vict. c. 109)).
  6. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  7. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  8. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  9. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  10. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  11. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Statute Law (Repeals) Act 1969 (c. 52).
  12. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59)
  13. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Bankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict. c. 83).
  14. This act was already repealed by Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41)
  15. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  16. This act was already repealed by Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41)
  17. This act was already repealed by Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41)
  18. This act was already repealed by Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41)
  19. This act was already repealed by Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41)
  20. This act was already repealed by Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41)
  21. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  22. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  23. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  24. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  25. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  26. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  27. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  28. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  29. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Woollen Manufacture Act 1809 (49 Geo. 3. c. 109).
  30. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Game Act 1831 (1 & 2 Will. 4. c. 32).
  31. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  32. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance of Laws, etc. Act 1627 (3 Cha. 1. c. 5).
  33. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Woollen Manufacture Act 1809 (49 Geo. 3. c. 109).
  34. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance of Laws, etc. Act 1627 (3 Cha. 1. c. 5).
  35. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Admiralty Court Act 1861 (24 & 25 Vict. c. 10).
  36. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  37. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Act of Supremacy 1558 (1 Eliz. 1. c. 1).
  38. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  39. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  40. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  41. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  42. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Salmon Fishery Act 1861 (24 & 25 Vict. c. 109)).
  43. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  44. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  45. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  46. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  47. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  48. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  49. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the TBC.
  50. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance of Laws, etc. Act 1627 (3 Cha. 1. c. 5).
  51. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Parliamentary Elections (No. 2) Act 1774 (14 Geo. 3. c. 58).
  52. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Act of Supremacy 1558 (1 Eliz. 1. c. 1).
  53. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by Criminal Law Act 1826 (7 Geo. 4 c. 64).
  54. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  55. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Salmon Fishery Act 1861 (24 & 25 Vict. c. 109)).
  56. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance of Laws, etc. Act 1627 (3 Cha. 1. c. 5).
  57. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Representation of the People Act 1918 (7 & 8 Geo. 5. c. 64).
  58. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Representation of the People Act 1918 (7 & 8 Geo. 5. c. 64).
  59. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Woollen Manufacture Act 1809 (49 Geo. 3. c. 109).
  60. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  61. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by TBC.
  62. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by TBC.
  63. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Sheriffs Act 1887 (50 & 51 Vict. c. 55).
  64. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Sheriffs Act 1887 (50 & 51 Vict. c. 55).
  65. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  66. The act was already repealed by Importation (No. 4) Act 1816 (56 Geo. 4. c. 36)
  67. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1603 (1 Jas. 1. c. 25).
  68. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by TBC.
  69. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Church Discipline Act 1840 (3 & 4 Vict. c. 86).
  70. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Usury Act 1495 (11 Hen. 7. c. 8).
  71. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance of Laws, etc. Act 1627 (3 Cha. 1. c. 5).
  72. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  73. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  74. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  75. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Sea Fisheries Act 1868 (31 & 32 Vict. c. 45).
  76. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Sea Fisheries Act 1868 (31 & 32 Vict. c. 45).
  77. This act was not included in the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125). This act was repealed for England and Wales by the Outlawry in Lancashire (No. 2) Act 1491 (7 Hen. 7. c. 24)
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