c. 49) is an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to civil procedure from 1495 to 1867 which had ceased to be in force or had become necessary.
[2] In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.
[3] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done."
[3] The Board issued three reports, recommending the creation of a permanent body for statute law reform.
An alternative approach, focusing on expunging obsolete laws from the statute book, followed by consolidation, was proposed by Peter Locke King MP, who was heavily critical of the expenditure of the Commission and the lack of results.
Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.
This created an unusual situation where, despite the formal repeal, the practical effect remained largely unchanged, as the new rule maintained the same procedure for stating special cases as had existed under the original statute.
[14] In Snelling v. Pulling (Law Times, Jan. 31, 1885), statutes marked as "repealed" remained effectively in force for certain purposes.
c. 59), which was meant to repeal earlier procedural rules, the court determined that some prior legal principles maintained their binding effect.
[10] A similar issue arose in Sargant v. Collyer (51 L. T. Rep. N. S. 723), where the Court of Appeal emphasized that despite the formal repeal of Lord Cairns' Act (21 & 22 Vict.
c. 27 was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1898 (61 & 62 Vict.
Section 5 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters.
Section 5 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts.
[18] This was included to prevent an accidental repeal of a power which ought to be preserved, that Lord Cairn's Act is still in force and that the Court Division can award damages in lieu of injunction.