An Act for promoting the revision of the Statute Law
by repealing various enactments chiefly relating to Civil
Procedure or matters connected therewith, and for
amending in some respects the law relating to Civil
Procedure.
[27th August 1881.]

WHEREAS with a view to the revision of the statute law it is

expedient that various enactments (mentioned in the schedule to this Act) which chiefly 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, or the subject-matter whereof is provided for by or under the Supreme Court of Judicature Act, 1873, 36 & 37 Vict. and the Acts amending it, or for other reasons may properly be c. 66. repealed, be now expressly and specifically repealed:

And whereas it is expedient that in some respects the law relating

to civil procedure be amended:

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:

1. This Act may be cited as the Statute Law Revision and Short title. Civil Procedure Act, 1881.

Extent.

Repeal of

enactments in

schedule.

Savings as to repealed enact

ments.

revived,

2. This Act does not extend to Scotland or Ireland.

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 The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions and qualifications mentioned in this Act and in that schedule.

4. 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(a.) Anything done or suffered before the passing of this Act under any enactment repealed by this Act; or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or privilege acquired, or duty or liability imposed or incurred, or compensation secured by or under any enactment repealed by this Act; or

(c.) In particular, any power to issue commissions of assize, oyer and terminer, or gaol delivery, or other like commissions, or any jurisdiction or power under or incidental to any such commission, or any jurisdiction or power of the Supreme Court of Judicature in England, or of any judge thereof; or

(d.) Any right to any hereditary revenues of the Crown, or any charges thereon; or

(e.) The right of any existing officer or person to any salary, stipend, emolument, or pension; or

(f.) The repeal, confirmation, revival, or perpetuation by any enactment repealed by this Act of any enactment not repealed by this Act; or

(g.) The application or incorporation of any enactment repealed by this Act by or under any enactment not repealed by this Act; or

(h.) The extension to any court by Order in Council of any enactment repealed by this Act.

Abolished pro5. This Act shall not be deemed to revive or restore any juriscedure, &c. not diction, 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.

Extension of powers in Judicature

Acts to make rules of court.

38 & 39 Vict. c. 77.

6. The enactments relating to the making of rules of court contained in the Supreme Court of Judicature Act, 1875, and the Acts amending it, shall extend and apply to all matters with respect to which rules of procedure or general orders might have been made under any enactment repealed by this Act, and to all proceedings by or against the Crown.

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 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.

in part.

The Provisions of Merton. Chapter one. Damages to widows on
a writ of dower.

The Statute of Marlborough. Chapter three. Of resisting the
King's officers in replevins. Distresses for services not due.
The Statute of Marlborough. Chapter five. Confirmation of the
Great Charter. Charter of the Forest.

The Statute of Marlborough. Chapter nine. Who shall do suits
of Court. Suits of Court by parceners, &c. The tenant's remedy
against the lord, distraining for suits not due. The lord's remedy
against the tenants, withholding their due suits.

The Statute of Marlborough. Chapter ten. Exemptions from attending the sheriffs turns.

The Statute of Marlborough. Chapter twenty-one. Sheriff, upon plaint, shall make replevins.

The Statute of Marlborough. Chapter twenty-three. Remedy against accountants. Farmers shall do no waste. Remedy

thereon.

in part; namely,

from "and it is provided " to "make their account.”
The Statutes of Westminster; the First. Sheriff's, &c. receiving
the King's debts shall acquit the debtor. Penalty. Tallies of
payment. Shewing of summons.

The Statutes of Westminster; the Second. Chapter two. Mischiefs
to lords distraining their tenants by replevins. A recordare to
remove the plaint out of the county courts. Pledges to prosecute
a replevin. Replevin of distress after judgement for return.
Writ of second deliverance. Distress irrepleviable.
The Statutes of Westminster; the Second. Chapter thirty.
Assignment of justices of nisi prius. Adjournment of assises.
Inquisitions of trespass, &c. may be determined before justices
of nisi prius. The writ of nisi prius. Proceedings after verdict.
Assises of darrein presentment and quare impedit shall be ended
in their proper counties. Justices shall have their own clerks.
Special verdicts. None shall be put in juries unless summoned.
The Statutes of Westminster; the Second. Chapter thirty-one.
Proceedings on bills of exceptions.

Statute of the Justices of Assise.

The Statute of Fines levied.

Articles upon the Charters. Chapter sixteen. False returns.
The Statute of Sheriffs.

in part; namely,

from "and that the execution of writs" to end of Statute. The Statute of York.

The Statutes of the Exchequer, from "And the treasurer and barons" to "the King's own debt."

Statute the First.

Statute made at Northampton. Chapter two. Pardons for felony.
Justices of assise and gaol delivery. Oyers and terminers.
Statute made at Westminster:

Except chapter seven.

14 Edw. 3. stat. 1. c. 16. Statute the First. Chapter sixteen. Nisi prins may be granted

18 Edw. 3. stat. 3. c. 5.

20 Edw. 3.

8 Ric. 2.

11 Ric. 2.

before a justice of Common Pleas in a suit in King's Bench. Nisi
prius may be granted before a justice of King's Bench in a suit in
Common Pleas; or before the Chief Baron of Exchequer if a
man of the law; or before justices of assise, and King's serjeants.
Justices of nisi prius may give judgement in quare impedit and
darrain presentment.

Statute the Third. Chapter five. Prohibitions.
Ordinance for the Justices.

Statute made at Westminster in the Eighth Year.

The Statute made at Westminster in the Eleventh year.

12 Ric. 2. c. 10.in part.

13 Ric. 2. stat. 1. in part.

7 Hen. 4. c. 3.

Statute made at Cambridge in the Twelfth year. Chapter ten. Six justices of the peace in each county; Quarterly sessions, &c. Wages of justices and their clerk. No steward, &c. shall be assigned. Judges, &c., need not attend the sessions regularly; in part; namely,

the words, "and that no steward of any lord shall be assigned "in any of the said Commissions." Statute of the Thirteenth Year:

Except chapter one.

Statute of the Seventh Year. Chapter three. The rolls of estreats of issues, fines, &c., shall contain particulars of the cause of forfeiture, &c. The Statute 42 Edw. 3. c. 9., touching gathering of Green Wax, confirmed.

34 & 35 Hen. 8. c. 26- An Act for certain Ordinances in the King's Dominions and Principality of Wales.

in part.

in part; namely,

Sections five to twenty-two, twenty-nine to fifty-two, seventy-
three to seventy-seven, seventy-nine, eighty-three, eighty-
eight, eighty-nine, ninety-six, ninety-nine, one hundred
and three, one hundred and thirteen, one hundred and
fourteen, and one hundred and fifteen.

An Act for the reformation of errors in fines and recoveries.
An Act for a more speedy and effectuall proceeding upon distresses
and avowryes for rents.

An Act for Prevention of Frauds and Perjuryes;

in part; namely,-

66

Section ten, to execution shall be sued," and Section seventeen.

An Act for the further Limitation of the Crown, and better securing the rights and liberties of the Subject;

in part; namely,

Section three, from "That after the said limitation shall take "effect as aforesaid, judges commissions" to “ remove them."

An Act the title whereof begins with the words, "An Act for rendering" --and ends with the words-"in corporations and boroughs";

-

in part; namely,—

Section seven.

An Act to explain, amend, and render more effectual an Act made in the twelfth year of the reign of His late Majesty King George the First [intituled an Act to prevent frivolous and vexatious Arrests].

An Act for the more effectual securing the payment of Rents and preventing Frauds by Tenants;

in part; namely,—

Section twenty-three.

An Act the title whereof begins with the words,--An Act for explaining and amending,—and ends with the words,-Justice of Assize in his own country, &c.

An Act the title whereof begins with the words,-An Act for repealing, -and ends with the words,-on Commission;"

in part; namely,

Section ten, from "and where any such dwelling-house" to end of section.

An Act to provide a summary remedy in cases of abuses of trusts created for charitable purposes;

in part; namely,

Section one, from "and such order shall be final and con"clusive unless " to end of section.

An Act the title whereof begins with the words,-An Act for the more speedy judgment, and ends with the words,-in cases of bankruptcy;

in part; namely,

Sections four, eight, and nine.

An Act to improve the proceedings in Prohibition and on Writs of
Mandamus;

in part; namely,

Section six.

An Act to effectuate the service of process issuing from the Courts of Chancery and Exchequer in England and Ireland respectively; in part; namely,—

Section one, and the words "of England and," "England or," and "respectively " in Section three.

An Act for the further amendment of the Law and the better advancement of Justice;

in part; namely,

Sections twenty-three, twenty-four, and twenty-five, except as far as those sections may be in force as regards any court other than the Supreme Court of Judicature in England. An Act to make further provisions for the administration of Justice; in part; namely,

In section five the words "in the form set out in the first sche"dule to this Act," section six, and the first schedule.

An Act the title whereof begins with the words,-An Act to amend,and ends with the words,-time to be limited;

in part; namely,

Section eighteen.

An Act to enable parties to sue out and prosecute Writs of Error
in certain cases upon the proceedings on Writs of Mandamus;
in part; namely,-

Section one, from " and it shall be lawful," to end of section,
and section two.

The Admiralty Offences Colonial Act, 1849;

An Act to diminish the delay and expense of proceedings in the
High Court of Chancery in England:

Except sections nineteen to twenty-five.

An Act to abolish the office of Master in Ordinary of the High
Court of Chancery, and to make provision for the more speedy
and efficient despatch of business in the said Court;
in part; namely,-

In section fifteen the words "and enrolled," section twenty-
one from "but subject," and sections fifty-three and fifty-
six.

An Act to amend the practice and course of proceeding in the High
Court of Chancery;

in part; namely,

Sections one to ten, twelve to twenty-one, twenty-six to thirty, thirty-six, thirty-seven, forty-nine, fifty-one, fifty-two, and fifty-three, fifty-eight to sixty-two, and schedule.

An Act for the relief of the suitors of the High Court of Chancery; in part; namely,

Section five.

An Act to appoint persons to administer oaths, and to substitute stamps in lieu of fees, and for other purposes, in the High Court of Admiralty of England;

in part; namely,-

Section five.

An Act further to improve the administration of justice in the Court of Chancery of the County Palatine of Lancaster;

in part; namely,-

Sections two to five.

An Act for further assimilating the practice in the County Palatine of Lancaster to that of other counties with respect to the trial of issues from the Superior Courts at Westminster.