Statute Law Revision (No. 2) Act 1890

An Act for further promoting the Revision of the Statute Law by repealing enactments which have ceased to be in force or have ebcome unnecessary. [18 August 1890.]

WHEREAS it is expedient that certain enactments which may be regarded as spent, or have ceased to be in force otherwise than expess specific repeal by Parliament, or have, by lapse of time or otherwise, become unnecessary, should be expressly and specifically repealed:

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:

Enactments in schedule repealed.

1. The enactments described in the schedule to this Act are hereby repealed, subject to the provisions of this Act and to the exceptions and qualifications in the schedule mentioned, and every part of a title, preamble, or recital specified after the words "in part, namely," in connexion with an Act with an Act mentioned in the said schedule may be omitted from any revised edition of the statutes published by authority after the passing of this Act, and there may be added in the said edition such brief statement of the Acts, officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence of such omission appear necessary.

Provided that-

The repeal of any words or expressions of enactment described in the schedule shall not affect the binding force, operation, or construction of any statute, or of any part of a statute, whether as respects the past or future;

and where any enactment not comprised in the schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act;

and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied, incorporated, or referred to;

nor shall the repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto;

and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,-or any existing status or capacity,-or any right, title, obligation, or liability already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof,-or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand, or any indemnity,-or the proof of any past act or thing;

nor shall this Act affect any pricipal or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or the general or public nature of any statute, or any existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, or benefit, or any prospective right, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;

nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing not now existing or in force;

and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of Her Majesty's dominions out of the United Kingdom, except where otherwise expressed in the schedule.

Application of repealed enactments in local courts.

2. If and so far as any enactments repealed by this Act applies or may have been by Order in Council applied to the court of the county palatine of Lancaster or to any inferior court of civil jurisdiction, such enactment shall be construed as if it were contained in a local and personal Act specially relating to such court and shall have effect accordingly.

Enactments as to turnpikes to be local and personal.

3. All enactments relating to turnpike trusts or turpike roads in England and Wales, and not relating to other highways may be omitted from any edition of the statutes published by authority after the passing of this Act as if they were contained in local and personal Acts.

Short title.

4. This Act may be cited as the Statute Law Revision (No. 2) Act, 1890.

SCHEDULE.

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.

Enactments which have been already repealed are, in a few instances, included in the schedule, in order to avoid the necessity of reference to previous Statutes.

PART I.