Statute Law Revision and Civil Procedure Act 1883

An Act for promoting the Revision of the Statute Law by repealing various Enactments relating to Civil Procedure or matters connected therewith, and for amending in some respects the Law relating to Civil Procedure. [25th August 1883.]

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Act, 1873,^[1] and the Acts amending it, or rules made pursuant thereto, or for other reasons, may properly be repealed, be now expressly and specifically repealed: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:

Short title.

1. This Act may be cited as the Statute Law Revision and Civil Procedure Act, 1883.

Extent and commencement.

2. This Act shall not extend to Scotland or Ireland. It shall come into operation on the twenty-fourth day of October one thousand eight hundred and eighty-three.

Repeal of enactments scheduled.

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 The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions and qualifications mentioned in this Act and in that schedule.

Repeal of enactments scheduled in 42 & 43 Vict. c. 59.

4. The enactments mentioned in Part II. of the schedule to the Civil Procedure Acts Repeal Act, 1879, are hereby repealed.

Savings.

5. 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(a.) Anything done or suffered before the passing of this Act under any enactment repealed by this Act; or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 or 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 replealed by this Act; or

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

(d.) The repeal, confirmation, revival or perpetuation by any enactment repealed by this Act of any enactment not repealed by this Act; or

(e.) The application or incorporation of any enactment repealed by this Act by or under any enactment not repealed by this Act, or by or under any Order in Council, so long as such Order remains in force.

Abolished procedure not revived.

6. (a.) This Act shall not be deemed to revive or restore any jurisdiction, 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.
(b.) No enactment repealed by virtue of section thirty-three of the Supreme Court of Judicature Act, 1875,^[2] shall be revived by reason of the annulment or alteration by any new Rules of Court of the rules contained in the First Schedule to that Act.
(c.) The enactments relating to the making of Rules of Court, contained in the Contained in the Supreme Court of Judicature Act, 1875, and the Acts amending it, shall be deemed to extend and apply to the matters contained in and regulated by the enactments repealed by this Act.

Application of repealed enactments in local courts.

7. If and so far as any enactment repealed by this Act, or by the Civil Procedure Acts Repeal Act, 1879, 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.

Power to apply certain provisions of Judicature Acts and rules to inferior courts.

8. It shall be lawful for the Queen from time to time, by Order in Council, to extend to any inferior court of civil jurisdiction any of the provisions of the Supreme Court of Judicature (Consolidation) Act, 1873, and Acts amending it, or of the Rules of Court made therunder, with any such modifications as may be necessary or desirable, in the same manner as and to the like extent that the provisions of the Common Law Procedure Acts, 1852, 1854, and 1860, and of the general rules made thereunder, might, under the powers given by those Acts, have been extended to any such court.

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 are described by the marginal abstracts given in that edition.

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.

11 Hen. 7. c. 12.	An Acte to admytt such psons as are poore to sue in forma pauperis.
23 Hen. 8. c. 15.	An Acte that the defendant shall recover costs againste the pleyntif if the pleyntiff be nonsuited, or if the verdicte passe againste him.
9 Anne. c. 25., in part.	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 one from the words "For remedy whereof" down to the end of the section. Section two, section three, and section six.
1 Will. 4. c. 21.	An Act to improve the proeedings in prohibition and on writs of mandamus.
1 Will. 4. c. 22., in part.	An Act to enable courts of law to order the examination of witnesses upon interrogatories and otherwise.
	In part ; namely,-section three, section four, section five, section eight, section nine, section ten, section eleven.
1 & 2 Will. 4. c. 58.	An Act to enable courts of law to give relief against adverse claims made upon persons having no interest in the subject of such claims.
5 & 6 Vict. c. 69.	An Act for perpetuating testimony in certain cases.
6 & 7 Vict. c. 67.	An Act to enable parties to sue out and prosecute writs of error in certain cases upon the proceedings on writs of mandamus.
13 & 14 Vict. c. 35.	An Act to diminish the delay and expense of proceedings in the High Court of Chancery in England.
15 & 16 Vict. c. 76., in part.	The Common Law Procedure Act, 1852.
	In part ; namely,-the whole Act except sect. 23 ; sects. 104 to 108 ; sect. 110 ; sects. 112 to 115 ; sect. 126 ; sect. 127 ; sect. 132 ; sects. 208 to 220 ; sect. 226 ; sect. 235 ; and sect. 236.
15 & 16 Vict. c. 80., in part.	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,-sects. 11 to 15, 26 to 34, 36, 40, 42, 43, 53, 56.
15 & 16 Vict. c. 86., in part.	An Act to amend the Practice and Course of Proceeding in the High Court of Chancery.
	In part ; namely,-sects. 3 to 21, sects. 25 to 42, sects. 44 to 47, sects. 49 to 62, sect. 66, and the schedule.
17 & 18 Vict. c. 125., in part.	The Common Law Procedure Act, 1854.
	In part ; that is to say, the whole Act except sects. 3 to 17, sects. 20 to 30, sect. 59, sect. 87, sect. 89, sects. 103, 106 and 107.
18 & 19 Vict. c. 67.	The Summary Procedure on Bills of Exchange Act, 1855.
21 & 22 Vict. c. 27.	The Chancery Amendment Act, 1858.
23 & 24 Vict. c. 38., in part.	An Act to further amend the law of property.
	In part ; namely,-sect. 14.
23 & 24 Vict. c. 126., in part.	The Common Law Procedure Act, 1860.
	The whole Act, except sect. 1, sect. 17, sect. 22, sects. 45 and 46.
25 & 26 Vict. c. 42.	The Chancery Regulation Act, 1862.
30 & 31 Vict. c. 64.	An Act to make further provision for the despatch of business in the Court of Appeal in Chancery.

1. Marginal citation: 36 & 37 Vict. c. 66.
2. Marginal citation: 38 & 39 Vict. c. 77.