The Repeal of Obsolete Statutes Act 1856[2][3] (19 & 20 Vict. c. 64), also known as the Statute Law Revision Act 1856, was an Act of the Parliament of the United Kingdom that repealed 120 statutes, which had been described as "obsolete".
| Act of Parliament | |
 | |
| Long title | An Act to repeal certain Statutes which are not in use. |
|---|---|
| Citation | 19 & 20 Vict. c. 64 |
| Introduced by | Hugh Fortescue, 3rd Earl Fortescue (Lords) |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 21 July 1856 |
| Commencement | 21 July 1856[1] |
| Other legislation | |
| Repeals/revokes | See § Repealed acts |
| Amended by | See § Repealed acts |
| Repealed by | Statute Law Revision Act 1875 |
| Relates to | Statute Law Revision Act 1861 |
Status: Repealed | |
| Text of statute as originally enacted | |
Halsbury's Laws said that this act was the first act for statute law revision (in the sense of repealing enactments which are obsolete, spent, unnecessary or superseded, or which no longer serve a useful purpose).[4] Courtenay Ilbert described this act as the first Statute Law Revision Act.[5]
This act was itself repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1875.
Background
editIn the United Kingdom, Acts of Parliament remain in force until expressly repealed.
At the start of the parliamentary session in 1853, the Lord Chancellor, Robert Rolfe, 1st Baron Cranworth, announced his intention to the improvement of the statute law, appointing a Board for the Revision of the Statute Law, also known as the Statute Law Board.[5] The Board produced 3 reports, dated 18 August 1853, 31 January 1854 and 2 June 1854.
On 29 August 1854, the temporary Statute Law Board was superseded by the Statute Law Commission. Ker remained on the Commission and Brickdale as Secretary.[5]
This act implemented recommendations made by the Statute Law Commission of 1854.[5]
Passage
editThe Bill for this act was called the Sleeping Statutes Bill.[5]
The Bill had its first reading in the House of Commons on 29 April 1856,[6] second reading on 7 May 1856[7] and third reading on 5 June 1856.[8]
The Bill had its second reading in the House of Lords on 24 June 1856, introduced by Hugh Fortescue, 3rd Earl Fortescue.[9] The Bill was supported by George Campbell, 8th Duke of Argyll and the Lord Chancellor, Robert Rolfe, 1st Baron Cranworth. A similar process for Irish statutes was suggested, leading to the Statute Law Revision (Ireland) Act 1872.
The Bill received royal assent on 21 July 1856.
Repealed acts
editThe Bill repealed 120 obsolete statutes that had been deemed unnecessary by the Statute Law Commission. In addition to the explicitly listed acts, any act "confirming, continuing, or perpetuating the same" were also repealed.
| Citation | Short Title | Long title |
|---|---|---|
| Statute of Westminster the Second
13 Edw. 1. c. 33 |
Forfeiture of lands | Lands where Crosses be set shall be forfeited as Lands aliened in Mortmain. |
| Statute of Westminster the Second
13 Edw. 1. c. 41 |
Alienation by religious houses, etc. | A Contra formam collationis and a Cessarit to recover Lands given in Alms. |
| Articuli super Chartas
28 Edw. 1. c. 5 |
Chancery and Queen's Bench | The Chancellor and the Justices of the King's Bench shall follow the King. |
| Articuli super Chartas
28 Edw. 1. c. 20 |
Vessels of Gold, Assaying, etc., of Act 1300 | Vessels of Gold shall be essayed, touched, and marked; the King's Prerogative shall be saved. |
| 5 Edw. 3. c. 14 | Arrest, etc., of Night Walkers, etc. Act 1331 | Night Walkers and suspected Persons shall be safely kept. |
| Statute of Nottingham | Statute of Nottingham | De cibariis utendis. |
| 25 Edw. 3. Stat. 5. c. 22 | Provisors | He that purchaseth a Provision in Rome for an Abbey shall be out of the King's Protection, and any Man may do with him as with the King's Enemy. |
| 28 Edw. 3. c. 10 | Misprisions in cities and boroughs | The Penalty of the Mayor, Sheriffs, &c. of London, if they do not redress Errors and Misprisions there; and in what Counties the Trial thereof shall be. |
| 37 Edw. 3. c. 15 | Clothiers | Clothiers shall make Cloths sufficient of the aforesaid Prices, so that this Statute for Default of such Cloths be in nowise infringed. |
| 6 Ric. 2. Stat. 1. c. 9 | Victuallers | No Victualler shall execute a judicial Place in a City or Town Corporate. |
| 7 Ric. 2. c. 13 | Riding armed | No Man shall ride in Harness within the Realm, nor with Launcegays. |
| 12 Ric. 2. c. 12 | Expenses of knights of shires | In what Cases the Lords and Spiritual Persons shall be contributory to the Expenses of the Knights of Parliament. |
| 12 Ric. 2. c. 13 | Nuisances in Towns Act 1388 | The Punishment of them which cause Corruption near a City or great Town, to corrupt the Air. |
| 13 Ric. 2. Stat. 1. c. 8 | Statute of Victuallers and Hostellers 1389 | The Rates of Labourers Wages shall be assessed and proclaimed by the Justices of Peace. and they shall assess the Gains of Victuallers who shall make Horsebread. and the Weight and Price thereof. |
| 17 Ric. 2. c. 4 | Malt | Malt sold to London shall be cleansed from the Dust. |
| 17 Ric. 2. c. 10 | Gaol delivery | Two learned Men in the Law shall be in Commission of Jail Delivery. |
| 20 Ric. 2. c. 1 | Riding armed | No Man shall ride or go armed; Launcegays shall be put out. |
| 20 Ric. 2. c. 2 | Liveries | Who only may wear another's Livery. |
| 1 Hen. 4. c. 15 | London | The Punishment of the Mayor, &c. of London for Defaults committed there. |
| 4 Hen. 4. c. 5 | Sheriffs | Every Sheriff shall in Person continue in his Bailiwick and shall not let it. |
| 4 Hen. 4. c. 10 | Coinage | The Third Part of the Silver bought to the Bullion shall be coined in Halfpence and Farthings. |
| 4 Hen. 4. c. 25 | Hostlers | An Hostler shall not make Horsebread. How much he may take for Oats. |
| 4 Hen. 4. c. 27 | Penal laws against the Welsh | There shall be no Wasters, Vagabonds, &c. in Wales. |
| 4 Hen. 4. c. 29 | Welshmen | Welshmen shall not be armed. |
| 5 Hen. 4. c. 2 | Approvers | The Penalty of him which procureth Pardon for an Approver that committeth Felony again. |
| 5 Hen. 4. c. 13 | Plating | What Things may be gilded and laid on with Silver and Gold, and what not. |
| 7 Hen. 4. c. 7 | Arrowheads | Arrowheads shall be wellboiled, brased, and hard. |
| 11 Hen. 4. c. 1 | Elections to Parliament | The Penalty on a Sheriff for making an untrue Return of the Election of the Knights of Parliament. |
| 1 Hen. 5. c. 4 | Bailiffs of sheriffs, etc. | Sheriff's Bailiffs shall not be in the same Office in Three Years after; Sheriff's Officers shall not be Attorneys. |
| 2 Hen. 5. Stat. 2. c. 4 | Gilding of Silver Act 1414 | There shall be no gilding of Silver Ware but of the Allay of English Sterling. |
| 4 Hen. 5 Stat. 2 c. 6 | Irish | Penalty on Irish Prelates for collating an Irishman to a Benefice in England or bringing an Irishman to Parliament to discover the Counsels of Englishmen to Rebels. |
| 8 Hen. 5. c. 3 | Gold and Silver | What Things only may be gilded and what laid on with Silver. |
| 9 Hen. 5 Stat. 1. c. 10 | Coal-keels at Newcastle | Keels that carry Sea Coals to Newcastle shall be measured and marked. |
| 1 Hen. 6. c. 3 | Irishmen | What Sort of Irishmen only may come to dwell in England. |
| 6 Hen. 6. c. 4 | Parliament Act 1427 | The Sheriff's Traverse to an Inquest found touching returning Knights of Shires for the Parliament. |
| 8 Hen. 6. c. 22 | Wool | What is requisite to be done in winding and packing of Wool. None shall force, clack, or beard any Wool. |
| 11 Hen. 6. c. 1 | Stews in Southwark Act 1433 | They that dwell at the Stews in Southwark shall not be impanelled in Juries nor keep any Inn or Tavern but there. |
| 18 Hen. 6. c. 18 | Soldiers Act 1439 | How much a Captain shall forfeit that doth detain any Part of his Soldier's Wages. |
| 23 Hen. 6. c. 4 | Welshmen | Welshmen indicted of Treason or Felony that do repair unto Herefordshire shall be apprehended and imprisoned or else pursued by Hue and Cry, and a Forfeiture of those which do not pursue them. |
| 28 Hen. 6. c. 5 | Customs | The Penalty of the Officers of the Customs which by Colour of their Offices shall distrain any Man's Ships or Goods. |
| 4 Edw. 4. c. 8 | Horn Act 1464 | No Stranger shall buy English Horns unwrought gathered or growing in London or within Twenty-four Miles thereof. Certain Powers vested in the Wardens of the Horners of London. |
| 17 Edw. 4. c. 4 | Tiles Act 1477 | An Act for making of Tile. |
| 4 Hen. 7. c. 2 | Gold and Silver Act 1488 | An Act for Finers of Gold and Silver. |
| 4 Hen. 7. c. 3 | Slaughter of Beasts Act 1488 | An Act that no Butcher slay any Manner of Beast within the Walls of London. |
| 4 Hen. 7. c. 16 | Isle of Wight Act 1488 | An Act concerning the Isle of Wight. |
| 11 Hen. 7. c. 19 | Upholsterers Act 1495 | An Act against Upholsterers. |
| 11 Hen. 7. c. 21 | Perjury Act 1495 | An Act against Perjury. |
| 11 Hen. 7. c. 27 | Fustians Act 1495 | An Act against unlawful and deceitful making of Fustians. |
| 19 Hen. 7. c. 6 | Pewterers Act 1503 | Pewterers walking. |
| 19 Hen. 7. c. 10 | Gaols Act 1503 | De voluntariis et negligentibus escapiis. |
| 3 Hen. 8. c. 14 | Oils Act 1511 | An Act for the searching of Oils within the City of London. |
| 4 Hen. 8. c. 7 | Pewterers Act 1512 | The Act made for Pewterers, and true Weights and Beams. |
| 5 Hen. 8. c. 4 | Worsteds Act 1513 | An Act for avoiding Deceits in Worsteds. |
| 14 & 15 Hen. 8. c. 2 | Aliens Act 1523 | The Act concerning the taking of Apprentices by Strangers. |
| 14 & 15 Hen. 8. c. 3 | Worsteds (Great Yarmouth) Act 1523 | The Act concerning the draping of Worsteds, Sayes and Stamins for the Town of Great Yarmouth. |
| 14 & 15 Hen. 8. c. 12 | Coining Act 1523 | An Act concerning coining of Money. |
| 21 Hen. 8. c. 12 | Manufacture of Cables, etc. Act 1529 | An Act for true making of great Cables, Halsers, Ropes, and all other Tackling for Ships, &c., in the Borough of Burport in the County of Dorset. |
| 21 Hen. 8. c. 16 | Aliens Act 1529 | An Act ratifying a Decree made in the Star Chamber concerning Strangers Handicraftsmen inhabiting the Realm of England. |
| 22 Hen. 8. c. 10 | Egyptians Act 1530 | An Act concerning Egyptians. |
| 24 Hen. 8. c. 10 | Destruction of Crows, etc. Act 1532 | An Act made and ordained to destroy Choughs, Crows, and Rooks. |
| 25 Hen. 8. c. 5 | Worsteds Act 1533 | An Act for calendering of Worsteds. |
| 25 Hen. 8. c. 9 | Pewterers Act 1533 | An Act concerning Pewterers. |
| 25 Hen. 8. c. 13 | Tillage Act 1533 | An Act concerning Farms and Sheep. |
| 25 Hen. 8. c. 18 | Cloths Act 1533 | An Act for Clothiers within the Shire of Worcester. |
| 26 Hen. 8. c. 5 | Ferries on the Severn Act 1534 | An Act that Keepers of Ferries on the Water of Severn shall not convey in their Ferry Boats any manner of Person, Goods, or Chattels after the Sun going down till the Sun be up. |
| 26 Hen. 8. c. 6 | Marches in Wales Act 1534 | An Act that Murders and Felonies done or committed within any Lordship Marcher in Wales shall be inquired of at the Sessions holden within the Shire Grounds next adjoining, with many good Orders for Administration of Justice there to be had. |
| 26 Hen. 8. c. 16 | Worsteds (Norwich, Lynn, and Yarmouth) Act 1534 | An Act for the making of Worsteds in the City of Norwich and in the Towns of Lynn and Yarmouth. |
| 32 Hen. 8. c. 13 | Lordships of Wales Act 1541 | For Breed of Horses. |
| 33 Hen. 8. c. 16 | Worsted Yarn Act 1541 | An Act for Worsted Yarn in Norfolk. |
| 34 & 35 Hen. 8. c. 10 | Coverlets Act 1542 | An Act for the true making of Coverlets in York. |
| 35 Hen. 8. c. 11 | Parliament Act 1543 | An Act for the due Payment of the Fees and Wages of Knights and Burgesses for the Parliament in Wales. |
| 1 Edw. 6. c. 6 | Worsted Yarn Act 1547 | An Act for the Continuance of making of Worsted Yarn in Norfolk. |
| 2 & 3 Edw. 6. c. 9 | Leather Act 1548 | An Act for the true currying of Leather. |
| 2 & 3 Edw. 6. c. 11 | Leather (No. 2) Act 1548 | An Act for the true tanning of Leather. |
| 2 & 3 Edw. 6. c. 19 | Abstinence from Flesh Act 1548 | An Act for Abstinence from Flesh. |
| 2 & 3 Edw. 6. c. 27 | Gads of Steel Act 1548 | An Act against the false forging of Gadds of Steel. |
| 3 & 4 Edw. 6. c. 2 | Woollen Cloths Act 1549 | An Act for the true making of Woollen Cloths. |
| 3 & 4 Edw. 6. c. 9 | Buying of Hides Act 1549 | An Act for the buying of raw Hides and Calf Skins. |
| 5 & 6 Edw. 6. c. 6 | Woollen Cloth Act 1551 | An Act for the making of Woollen Cloth. |
| 5 & 6 Edw. 6. c. 24 | Making of Hats, etc. Act 1551 | An Act for the making of Hats, Dornecks, and Coverlets at Norwich and in the County of Norfolk. |
| 7 Edw. 6. c. 5 | Wines Act 1553 | An Act to avoid the great Price and Excess of Wines. |
| 7 Edw. 6. c. 7 | Assize of Fuel Act 1553 | An Act for the Assize of Fuel. |
| 1 Mar. Sess. 3. c. 8 | Leather Act 1554 | An Act touching the buying and currying of Leather. |
| 1 & 2 Ph. & M. c. 4 | Egyptians Act 1554 | An Act for the Punishment of certain Persons calling themselves Egyptians. |
| 1 & 2 Ph. & M. c. 7 | Towns Corporate Act 1554 | An Act that Persons dwelling in the Country shall not sell divers Wares in Cities or Towns Corporate by Retail. |
| 1 Eliz. 1. c. 8 | Leather Act 1558 | An Act touching Shoemakers and Curriers. |
| 1 Eliz. 1. c. 9 | Leather (No. 2) Act 1558 | An Act touching Tanners and the selling of tanned Leather. |
| 1 Eliz. 1. c. 15 | Timber Act 1558 | An Act that Timber shall not be felled to make Coals for the making of Iron. |
| 5 Eliz. 1. c. 8 | Leather Act 1562 | An Act touching Tanners, Curriers, Shoemakers, and other Artificers occupying the cutting of Leather. |
| 8 Eliz. 1. c. 8 | Horses Act 1566 | An Act for the Repeal of a Branch of a Statute made Anno 32 H. 8., for the Stature of Horses within the Isle of Ely, and other Places confining thereunto. |
| 8 Eliz. 1. c. 9 | Prices of Barrels, etc. Act 1566 | An Act to repeal a Branch of the Statute made Anno 23 H. 8. touching the Prices of Barrels and Kilderkins. |
| 8 Eliz. 1. c. 10 | Bows Act 1566 | An Act for Bowyers and the Prices of Bows. |
| 8 Eliz. 1. c. 12 | Cloths (Lancashire) Act 1566 | An Act for the Aulneger's Fees in Lancashire and for Length Breadth and Weight of Cottons Frizes and Rugs. |
| 23 Eliz. 1. c. 5 | Preservation of Wood Act 1580 | An Act touching Iron Mills near unto the City of London and the River of Thames. |
| 23 Eliz. 1. c. 8 | Wax Act 1580 | An Act for the true melting, making, and working of Wax. |
| 27 Eliz. 1. c. 19 | Preservation of Timber Act 1584 | An Act for the Preservation of Timber in the Wealds of the Counties of Sussex, Surrey, and Kent, and for the Amendment of Highways decayed by Carriages to and from Iron Mills there. |
| 35 Eliz. 1. c. 9 | Cloths Act 1592 | An Act touching Breadth of Cloths. |
| 1 Jas. 1. c. 6 | Labourers Act 1603 | An An Act made for the Explanation of the Statute made in the Fifth Year of the late Queen Elizabeth's Reign concerning Labourers. |
| 1 Jas. 1. c. 20 | Painting Act 1603 | An Act for Redress of certain Abuses and Deceits used in Painting. |
| 3 Jas. 1. c. 9 | Skinners Act 1605 | An Act for the Relief of such as lawfully use the Trade and Handicraft of Skinners. |
| 3 Jas. 1. c. 16 | Kerseys Act 1605 | An Act for the Repeal of One Act made in the Fourteenth Year of Queen Elizabeth's Reign concerning the Length of Kersies. |
| 3 Jas. 1. c. 17 | Welsh Cottons Act 1605 | An Act concerning Welsh Cottons. |
| 4 Jas. 1. c. 2 | Woollen Cloths Act 1606 | An Act for the true making of Woollen Cloth. |
| 4 Jas. 1. c. 6 | Leather Act 1606 | An Act for repealing of so much of One Branch of a Statute made in the First Year of His Majesty's Reign, intituled "An Act concerning Tanners Curriers Shoemakers and other Artificers occupying the cutting of Leather," as concerneth the sealing of Sheepskins and to avoid selling of tanned Leather by Weight. |
| 21 Jas. 1. c. 18 | Woollen Cloths Act 1623 | An Act for Continuance of a Statute made for the making of Woollen Cloths. |
| 21 Jas. 1. c. 21 | Horsebread Act 1623 | An Act concerning Hostlers and Innholder. |
| 12 Cha. 2. c. 32 | Exportation Act 1660 | An Act for prohibiting the Exportation of Wool, Wool Fells, Fullers Earth, or any Kind of scouring Earth. |
| 14 Cha. 2. c. 18 | Wool Act 1662 | An Act against exporting of Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Wool Flocks, Fullers Earth, Fulling Clay, and Tobacco Pipe Clay. |
| 5 & 6 Will. & Mar. c. 13 | Pardon of Felony Act 1694 | An Act to repeal the Statute made in the Tenth Year of King Edward the Third for finding Sureties for the good abearing by him or her that hath a Pardon of Felony. |
| 9 Will. 3. c. 40 | Exportation Act 1697 | An Act for the Explanation and better Execution of former Acts made against Transportation of Wool, Fullers Earth, and Scouring Clay. |
| 10 Will. 3. c .2 | Buttons Act 1698 | An Act to prevent the making or selling of Buttons made of Cloth, Serge, Drugget, or other Stuffs. |
| 1 Ann. c. 15 | Water Measure of Fruit Act 1702 | An Act for preventing Frauds in the Duties upon Salt, and for the better Payment of Debentures at the Custom House. |
| 8 Ann. c. 11 | Silk Manufacturers Act 1709 | An Act for employing the Manufacturers by encouraging the Consumption of Raw Silk and Mohair Yarn. |
| 4 Geo. 1. c. 7 | Silk Manufacturers Act 1717 | An Act for making more effectual an Act made in the Eighth Year of the late Queen Anne, intituled "An Act for employing the Manufacturers by encouraging the Consumption of Raw Silk and Mohair Yarn." |
| 7 Geo. 1. St. 1. c. 12 | Silk Manufacturers Act 1720 | An Act for employing the Manufacturers and encouraging the Consumption of Raw Silk and Mohair Yarn by prohibiting the wearing of Buttons and Button-holes made of Cloth, Serge, and other Stuffs. |
| 11 Geo. 2. c. 28 | Cloth Manufacture Act 1737 | An Act for the better regulating the Manufacture of narrow Woollen Cloths in the West Riding of the County of York. |
| 10 Geo. 3. c. 49 | Bricks and Tiles Act 1770 | An Act for continuing and amending several Acts for preventing Abuses in making Bricks and Tiles. |
| 17 Geo. 3. c. 42 | Bricks and Tiles Act 1776 | An Act for preventing Abuses in the making and vending Bricks and Tiles. |
References
edit- The Statutes of the United Kingdom of Great Britain and Ireland, 19 & 20 Victoria, 1856. Queen's Printer. London. 1856. Digitised copy from Google Books.
- HL Deb vol 142, cols 1895 to 1896, HC Deb vol 142, col 872 and 880.
- ^ The Acts of Parliament (Commencement) Act 1793
- ^ Current Law Statutes Annotated 1993. Sweet & Maxwell. London. W Green. Edinburgh. 1994. Volume 4. Alphabetical Table of Statutes. Page 140.
- ^ Current Law Statutes 1996. Sweet & Maxwell. London. W Green. Edinburgh. 1997. Volume 4. Alphabetical Table of Statutes. Page 146.
- ^ Halsbury's Laws of England. Fourth Edition. Reissue. Butterworths. London. 1995. Volume 44(1). Note 3 to paragraph 1227 at page 725.
- ^ a b c d e Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.
- ^ "House Of Commons". Parliamentary Debates (Hansard). Vol. 141. Parliament of the United Kingdom: House Of Commons. 29 April 1856. col. 1702.
- ^ "House Of Commons". Parliamentary Debates (Hansard). Vol. 142. Parliament of the United Kingdom: House Of Commons. 7 May 1856. col. 137.
- ^ "House of Commons". Parliamentary Debates (Hansard). Vol. 142. Parliament of the United Kingdom: House of Commons. 5 June 1856.
- ^ "Sleeping Statutes Bill". Parliamentary Debates (Hansard). Vol. 142. Parliament of the United Kingdom: House of Lords. 24 June 1856. p. 1895.
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