Criminal Statutes Repeal Act 1861
Act of Parliament | |
Long title | An Act to repeal certain Enactments which have been consolidated in several Acts of the present Session relating to indictable Offences and other Matters.[2] |
---|---|
Citation | 24 & 25 Vict. c. 95 |
Introduced by | Sir John Coleridge MP (Commons) Richard Bethell, 1st Baron Westbury (Lords) |
Territorial extent | |
Dates | |
Royal assent | 6 August 1861 |
Commencement | 1 November 1861[a] |
Repealed | 23 May 1950 |
Other legislation | |
Amends | See § Repealed acts |
Repeals/revokes | See § Repealed acts |
Repealed by | Statute Law Revision Act 1950 |
Relates to | |
Status: Repealed | |
History of passage through Parliament | |
Records of Parliamentary debate relating to the statute from Hansard | |
Text of statute as originally enacted |
The Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95) was an Act of the Parliament of the United Kingdom that repealed for England and Wales and Ireland statutes relating to the English criminal law from 1634 to 1860. The Act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The Act was one of the Criminal Law Consolidation Acts 1861, which consolidated, repealed and replaced a large number of existing statutes.
Background
[edit]In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[3]
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.[4] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[4] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.[5]
In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:[6]
- Benefit of Clergy
- Larceny and other Offences of Stealing
- Burglary, Robbery and Threats for the Purpose of Robbery or of Extortion
- Embezzlement, False Pretences, and the Receipt of Stolen Property
- Malicious Injuries to Property
- Remedies against the Hundred
In 1827, several acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:
- Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), which repealed for England and Wales over 140 statutes relating to the criminal law.
- Criminal Law Act 1827 (7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice.
- Larceny Act 1827 (7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to larceny.
- Malicious Injuries to Property Act 1827 (7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, parallel Bills for Ireland to Peel's Acts were introduced, becoming:[7]
- Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54), which repealed for Ireland over 140 statutes relating to the criminal law.
- Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54), which modernised the administration of criminal justice.
- Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55) which consolidated provisions in the law relating to larceny.
- Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 statutes relating to the criminal law. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.
In 1828, the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was passed, which repealed for India offences repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).
In 1830, the Forgery Act 1830 (11 Geo. 4 & 1 Will. 4. c. 66) was passed, which consolidated provisions in the law relating to forgery and repealed for England and Wales over 25 statutes relating to the criminal law.
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law.[4] The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law.[4] The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).
On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.[4]
In 1861, Bills were introduced to consolidate and modernise the criminal law, drafted by Charles Sprengel Greaves across:[8]
- Offences Against the Person
- Malicious Injuries to Property
- Larceny
- Forgery
- Coining
- Accessories and Abettors
Passage
[edit]Leave to bring in the Criminal Statutes Repeal Bill alongside the other Law Criminal Consolidation Bills was granted on 14 February 1861 and the Bill had its first reading in the House of Commons on 14 February 1861,[9] introduced by the solicitor general, Sir John Coleridge MP.[10] In his speech introducing the Bill, Sir John Coleridge MP emphasised that the purpose of the Bill was to consolidate abolishing the enactments for which the other six, if passed, would become the substitutes and not to consolidate common law.[11] In response, Patrick McMahon MP suggested consolidation of the criminal law of England, Ireland and Scotland.[11]
The Bill had its second reading in the House of Commons,[12] and was committed to a Select Committee.[10] The Select Committee on the Offences against the Person Bill, the Larceny, &c. Bill, the Malicious Injuries to Property Bill, the Forgery Bill, the Coinage Offences Bill, the Accessories and Abettors Bill, and the Criminal Statutes Repeal Bill was appointed on 25 February 1861, consisting of 30 members.[10] The select committee reported with amendments on 2 May 1861.[10] The amended Bill was committed to a Committee of the Whole House which met and reported on 11 June 1861,[13] without amendment.[10] The Bill had its third reading in the House of Commons on 17 June 1861.[14]
The Bill had its first reading in the House of Lords on 18 June 1861.[15][16] The Bill had its second reading in the House of Lords on 30 July 1861,[17] introduced by the Lord Chancellor, Richard Bethell, 1st Baron Westbury.[18] The Bill was supported by Robert Rolfe, 1st Baron Cranworth. The Bill was committed to a Committee of the Whole House, which met and reported on 31 July 1861, without amendment.[19] The Bill had its third reading in the House of Lords on 2 August 1861.[20]
The Bill was granted royal assent on 6 August 1861.[21]
Legacy
[edit]In 1861, the Criminal Law Consolidation Acts were passed:
- Accessories and Abettors Act 1861 (24 & 25 Vict. c. 94)
- Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95)
- Larceny Act 1861 (24 & 25 Vict. c. 96)
- Malicious Damage Act 1861 (24 & 25 Vict. c. 97)
- Forgery Act 1861 (24 & 25 Vict. c. 98)
- Coinage Offences Act 1861 (24 & 25 Vict. c. 99)
- Offences Against the Person Act 1861 (24 & 25 Vict. c. 100)
According to George Oke, the Act "should have been the last Act of the series to receive the Royal Assent, and have been numbered accordingly".[22]
In 1861, the Statute Law Revision Act 1861 (24 & 25 Vict. c. 101) was passed, which repealed over 800 statutes relating to the civil law.
The territorial terms of the act led to several acts being for the avoidance of doubt for Scotland repealed by later Statute Law Revision Acts, including:
- Statute Law Revision Act 1874 (37 & 38 Vict. c. 35)[23]
- Statute Law Revision Act 1892 (55 & 56 Vict. c. 19)[24]
The act was repealed by section 1(1) of, and Schedule 1 to, the Statute Law Revision Act 1950 as it was spent.[25]
The act was repealed for the Republic of Ireland by sections 2(1) and 3(1) of, and Part 4 of Schedule 2 to, the Statute Law Revision Act 2007.
Repealed acts
[edit]Section 1 of the act repealed 106 acts of the Parliament of England, Parliament of Great Britain, Parliament of Ireland and the Parliament of the United Kingdom, listed in the Schedule to the act, effective 1 November 1861. The territorial extent of the repeals was limited to the United Kingdom, excluding Scotland (i.e., England and Wales and Ireland).[8]
Section 2 of the act provided that acts extended to any part of Her Majesty's Dominions outside of the United Kingdom would not be repealed for those territories.[8]
Section 3 of the act provided that for offenses and other matters committed or done before or on the last day of October 1861, the repealed acts would still apply as if the act had not been passed.[8]
Section 4 of the act provided that the repeals would not affect any existing authority to alter or amend the register of births, baptisms, marriages, deaths or burials.[8]
Citation | Short Title | Title | Extent of repeal |
---|---|---|---|
10 C. 1. Sess. 3. c. 20 (I) | N/A | An Act against such as shall levie any Fine, suffer any Recovery, acknowledge any Statute, Recognizance, Baile, or Judgment in the Name of any other Person or Persons not being privie and consenting thereto. | The whole. |
7 W. 3. c. 18 (I) | Bail in Civil Actions Act 1695 | An Act for taking special Bails in the Country upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer at Dublin. | Section Four. |
2 & 3 Ann. c. 4 | Yorkshire (West Riding) Land Registry Act 1703 | An Act for the public registering of Deeds, Conveyances, and Wills that shall be made of any Honors, Manors, Lands, Tenements, or Hereditaments, within the West Riding of the County of York after the Nine-and-twentieth Day of September One thousand seven hundred and four. | So much of Section Nineteen as relates to any forging or counterfeiting therein mentioned. |
6 Ann. c. 2 (I) | Registration of Deeds Act 1707 | An Act for the public registering of all Deeds, Conveyances, and Wills that shall be made of any Honors, Manors, Lands, Tenements, or Hereditaments. | So much of Section Seventeen as relates to any forging or counterfeiting therein mentioned. |
6 Ann. c. 35 | Yorkshire (East Riding) Land Registry Act 1707 | An Act for the public registering of all Deeds, Conveyances, Wills, and other Incumbrances, that shall be made of, or that may affect any Honors, Manors, Lands, Tenements, or Hereditaments within the East Riding of the County of York, and the Town and County of the Town of Kingston-upon-Hull, after the Nine-and-twentieth Day of September One thousand seven hundred and eight; and for the rendering the Register in the West Riding more complete. | So much of Section Twenty-six as relates to any forging or counterfeiting therein mentioned. |
7 Ann. c. 20 | Middlesex Registry Act 1708 | An Act for the public registering of Deeds, Conveyances, and Wills, and other Incumbrances, which shall be made of, or that may affect any Honors, Manors, Lands, Tenements, or Hereditaments within the County of Middlesex after the Twenty-ninth Day of September One thousand seven hundred and nine. | So much of Section Fifteen as relates to any forging or counterfeiting therein mentioned. |
8 Ann. c. 10 (I)[b] | Registration of Deeds Act 1709 | An Act for amending an Act intituled "An Act for the public registering of all Deeds, Conveyances, and Wills that shall be made of any Honors, Manors, Lands, Tenements, or Hereditaments." | So much of Section Four as relates to any forging or counterfeiting therein mentioned. |
8 Geo. 1. c. 15 (I) | Registration of Deeds Act 1721 | An Act for explaining and amending Two several Acts in relation to the public registering of Deeds, Conveyances, and Wills. | So much of Section Four as relates to any forging or counterfeiting therein mentioned. |
11 Geo. 1. c. 9 | National Debt Reduction Act 1724 | An Act for continuing the several Annuities of Eighty-eight thousand seven hundred fifty-one Pounds Seven Shillings and Tenpence Halfpenny and One hundred thousand Pounds to the Bank of England until Midsummer One thousand seven hundred and twenty-seven, and from thence for reducing the same to Seventy-one thousand and one Pounds Two Shillings and Threepence Three Farthings and Eighty thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited, or erased Bank Bills or Notes. | Section Six. |
12 Geo. 1. c. 32 | Suitors of Court of Chancery Act 1725 | An Act for better regulating the Practice and Effects of the Suitors of the Court of Chancery, and to prevent the counterfeiting of East India Bonds and Indorsements thereon; as likewise Indorsements on South Sea Bonds. | Section Nine. |
3 Geo. 2. c. 4 (I) | Perjury Act 1729 | An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury, and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money, and for the more effectual transporting Felons, Vagabonds, and others. | Section One. |
8 Geo. 2. c. 6 | Yorkshire (North Riding) Deeds Registry Act 1734 | An Act for the public registering of all Deeds, Conveyances, Wills, and other Incumbrances that shall be made of, or that may affect any Honors, Manors, Lands, Tenements, or Hereditaments within the North Riding of the County of York, after the Nine-and-twentieth Day of September One thousand seven hundred and thirty-six. | So much of Section Thirty-one as relates to any forging or counterfeiting therein mentioned. |
15 Geo. 2. c. 13 | Bank of England Act 1741 | An Act for establishing an Agreement with the Company of the Bank of England for advancing the Sum of One million six hundred thousand Pounds towards the Supply for the Service of the Year One thousand seven hundred and forty-two. | Section Twelve. |
17 Geo. 2. c. 11 (I) | N/A | An Act for the Amendment of the Law in relation to Forgery, and the Salvage of Ships and Goods stranded. | Section One. |
13 & 14 Geo. 3. c. 14 (I) | N/A | An Act for the more effectual preventing the forging or altering the Acceptance or Indorsement of Bills of Exchange, or the Numbers or Principal Sums of accountable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods. | The whole. |
21 & 22 Geo. 3. c. 16 (I)[c] | Bank of Ireland Act 1781 | An Act for establishing a Bank by the Name of the Governors and Company of the Bank of Ireland. | Sections Fifteen and Sixteen. |
23 & 24 Geo. 3. c. 22 (I) | Funds in Chancery Act 1783 | An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery and the Court of Exchequer by depositing the same in the National Bank; and to prevent the forging and counterfeiting any Draft, Order, or other Voucher for the Payment or Delivery of such Money or Effects; and for other Purposes. | Section Twenty-two. |
25 Geo. 3. c. 37 (I) | N/A | An Act to explain and amend an Act passed in the Thirteenth and Fourteenth Years of the Reign of His present Majesty King George the Third, intituled "An Act for the more effectual preventing the forging or altering the Acceptance or Indorsement of Bills of Exchange, or the Numbers or Principal Sums of accountable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods." | The whole. |
27 Geo. 3. c. 15 (I) | Riot Act 1787 | An Act to prevent tumultuous Risings and Assemblies, and for the more effectual Punishment of Persons guilty of Outrage, Riot, and illegal Combination, and of administering and taking unlawful Oaths. | Section Five. |
35 Geo. 3. c. 66 | National Debt (No. 4) Act 1795 | An Act for making Part of certain Principal Sums or Stock and Annuities raised or created or to be raised or created by the Parliament of the Kingdom of Ireland on Loans for the Use of the Government of that Kingdom transferable, and the Dividends on such Stock and Annuities payable at the Bank of England; and for the better Security of such Stocks and Annuities, and of the Governor and Company of the Bank of England. | Section Three and all the subsequent Sections. |
37 Geo. 3. c. 26 (I) | Forgery Act 1797 | An Act to prevent the forging of Notes and Bills of the Governor and Company of the Bank of Ireland, and to prevent the obtaining of false Credit, and the committing of Frauds by the Imitation of Notes or Bills of the said Governor and Company. | The whole. |
37 Geo. 3. c. 46 | National Debt Act 1797 | An Act for making certain Annuities created by the Parliament of the Kingdom of Ireland transferable, and the Dividends thereon payable at the Bank of England; and for the better Security of the Proprietors of such Annuities, and of the Governor and Company of the Bank of England. | Section Three and all the subsequent Sections. |
37 Geo. 3. c. 54 (I) | National Debt (No. 4) Act (Ireland) 1797 | An Act to enable the Proprietors of Debentures issued by Government to convert them into Stock transferable at the Bank of Ireland. | Section Eleven and all subsequent Sections. |
37 Geo. 3. c. 126 | Counterfeiting Coin Act 1797 | An Act to prevent the counterfeiting any Copper or other Coin in this Realm made or to be made current by Proclamation, or any Foreign Gold or Silver Coin; and to prevent the bringing into this Realm or uttering any counterfeit Foreign Gold or Silver Coin. | The whole, both as to England and Scotland, except Section One. |
38 Geo. 3. c. 53 (I) | N/A | An Act for more effectually preventing the forging of the Notes and Bills of the Governor and Company of the Bank of Ireland, and the Circulation of forged Notes and Bills of the said Governor and Company. | The whole. |
39 Geo. 3. c. 63 (I) | Bank of England Act 1799 | An Act for the more effectually preventing the forging of Bills of Exchange and Promissory Notes, or any Acceptance, Assignment, or Indorsement thereof, or any Acquittance or Receipt for Money or Goods; and also for preventing the forging of the Promissory Notes of the Governor and Company of the Bank of England commonly called Bank Notes, and the Bills of Exchange of the said Governor and Company called Bank Post Bills. | The whole, except the last Section. |
40 Geo. 3. c. 96 (I) | Cork and Dublin Coalyards Act 1800 | An Act to revive, amend, continue, or make perpetual certain temporary Statutes. | So much of Section Five as perpetuates the Part of the 27 Geo. 3. c. 15 hereby repealed. |
41 Geo. 3. c. 57 | Bank Notes Forgery Act 1801 | An Act for the better Prevention of the Forgery of the Notes and Bills of Exchange of Persons carrying on the Business of Bankers. | The whole.[d] |
43 Geo. 3. c. 139 | Forgery of Foreign Bills Act 1803 | An Act for preventing the forging and counterfeiting of Foreign Bills of Exchange, and of Foreign Promissory Notes and Orders for the Payment of Money; and for preventing the counterfeiting of Foreign Copper Money. | Sections One and Two as to Ireland, and the rest of the Act as to the whole United Kingdom. |
48 Geo. 3. c. 1 | Issue and Payment of Exchequer Bills Act 1808 | An Act for regulating the issuing and paying off of Exchequer Bills. | Section Nine. |
49 Geo. 3. c. 13[e] | Forgery of Bank of Ireland Notes, etc. Act 1809 | An Act for the more effectually preventing the forging of Bank Notes, Bank Bills of Exchange, and Bank Post Bills, and the Negotiation of forged and counterfeited Bank Notes, Bank Bills of Exchange, and Bank Post Bills of the Governor and Company of the Bank of Ireland. | The whole. |
1 Geo. 4. c. 4 | Stage Coaches (Scotland) Act 1820 | An Act for punishing criminally Drivers of Stage Coaches and Carriages for Accidents occasioned by their wilful Misconduct. | The whole. |
1 Geo. 4. c. 92 | Bank Notes Forgery (Scotland) Act 1820 | An Act for the Prevention of forging and counterfeiting of Bank Notes. | Sections One and Two. |
3 Geo. 4. c. 116 | Registry of Deeds (Ireland) Act 1822 | An Act for the more convenient and effectual registering in Ireland Deeds executed in Great Britain. | So much of Section Seven as relates to any forging or counterfeiting therein mentioned. |
4 Geo. 4. c. 54 | Benefit of Clergy, etc. (No. 2) Act 1823 | An Act for allowing the Benefit of Clergy to Persons convicted of certain Felonies, under Two Acts of the Ninth Year of King George the First and the Twenty-seventh Year of King George the Second; for making better Provision for the Punishment of Persons guilty of sending or delivering threatening Letters; and of Assaults with Intent to commit Robbery. | The whole. |
5 Geo. 4. c. 25[f] | Burial (Ireland) Act 1824 | An Act to repeal so much of an Act passed in the Ninth Year of the Reign of King William the Third as relates to Burials in suppressed Monasteries, Abbeys, or Convents in Ireland; and to make further Provision with respect to the Burial in Ireland of Persons dissenting from the Established Church. | Section Five. |
7 Geo. 4. c. 64 | Criminal Law Act 1826 | An Act for improving the Administration of Criminal Justice in England. | Sections Nine, Ten, and Eleven. |
7 & 8 Geo. 4. c. 18 | Spring Guns Act 1827 | An Act to prohibit the setting Spring Guns, Man Traps, and other Engines calculated to destroy Human Life or inflict grievous bodily Harm. | The whole. |
7 & 8 Geo. 4. c. 29 | Larceny Act 1827 | An Act for consolidating and amending the Laws of England relative to Larceny and other Offences connected therewith. | The whole, as to the whole United Kingdom. |
7 & 8 Geo. 4. c. 30 | Malicious Injuries to Property (England) Act 1827 | An Act for consolidating and amending the Laws in England relative to malicious injuries to Property. | The whole. |
9 Geo. 4. c. 31 | Remedies Against the Hundred (England) Act 1827 | An Act for consolidating and amending the Statutes in England relative to Offences against the Person. | The whole. |
9 Geo. 4. c. 54[g] | Criminal Law (Ireland) Act 1828 | An Act for improving the Administration of Justice in Criminal Cases in Ireland. | Sections Twenty-three, Twenty-four, and Twenty-five. |
9 Geo. 4. c. 55[h] | Larceny (Ireland) Act 1828 | An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith. | The whole, as to the whole United Kingdom. |
9 Geo. 4. c. 56[i] | Malicious Injuries to Property (Ireland) Act 1828 | An Act for consolidating and amending the Laws in Ireland relative to malicious injuries to Property. | The whole. |
10 Geo. 4. c. 34 [j] | Offences Against the Person (Ireland) Act 1829 | An Act for consolidating and amending the Statutes in Ireland relating to Offences against the Person. | The whole. |
11 Geo. 4 & 1 W. 4. c. 66 | Forgery Act 1830 | An Act for reducing into One Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery. | The whole, except Section Twenty-one. |
2 & 3 W. 4. c. 4 | Embezzlement Act 1832 | An Act for the more effectually preventing Embezzlements by Persons in the Public Service of His Majesty. | The whole. |
2 & 3 W. 4. c. 34 | Coinage Offences Act 1832 | An Act for consolidating and amending the Laws against Offences relating to the Coin. | The whole, as to the whole United Kingdom. |
2 & 3 W. 4. c. 75 | Anatomy Act 1832 | An Act for regulating Schools of Anatomy. | Section Sixteen. |
2 & 3 W. 4. c. 123 | Forgery, Abolition of Punishment of Death Act 1832 | An Act for abolishing the Punishment of Death in certain Cases of Forgery. | The whole. |
3 & 4 W. 4. c. 44 | Criminal Law Act 1833 | An Act to repeal so much of Two Acts of the Seventh and Eighth Years and the Ninth Year of King George the Fourth as inflicts the Punishment of Death upon Persons breaking, entering, and stealing in a Dwelling House; also for giving Power to the Judges to add to the Punishment of Transportation for Life in certain Cases of Forgery, and in certain other Cases. | The whole.[k][23] |
4 & 5 W. 4. c. 26 | Hanging in Chains Act 1834 | An Act to abolish the Practice of hanging the Bodies of Criminals in Chains. | Section Two. |
5 & 6 W. 4. c. 34[l] | Larceny (Ireland) Act 1835 | An Act to amend Two Clerical Errors contained in an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled "An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith." | The whole. |
5 & 6 W. 4. c. 81 | Capital Punishment Abolition Act 1835 | An Act for abolishing Capital Punishments in Cases of Letter Stealing and Sacrilege. | So much as relates to the Punishment of any Person who shall break and enter any Church or Chapel, and steal therein any Chattel, or having stolen any Chattel in any Church or Chapel shall break out of the same, and to Principals in the Second Degree and Accessories in such Offences. |
6 & 7 W. 4. c. 4 | Capital Punishment Abolition Act 1836 | An Act to amend the Act of the last Session for abolishing Capital Punishments in Cases of Letter Stealing and Sacrilege. | So much as alters and amends that Part of the 5 & 6 W. 4. c. 81. which is hereby repealed. |
6 & 7 W. 4. c. 30 | Executions for Murder Act 1836 | An Act to repeal so much of Two Acts of the Ninth and Tenth Years of King George the Fourth as directs the Period of the Execution and the Prison Discipline of Persons convicted of the Crime of Murder. | The whole. |
6 & 7 W. 4. c. 86 | Births and Deaths Registration Act 1836 | An Act for registering Births, Deaths, and Marriages in England. | Section Forty-three. |
7 W. 4 & 1 Vict. c. 77 | Central Criminal Court Act 1837 | An Act to assimilate the Practice of the Central Criminal Court to other Courts of Criminal Judicature within the Kingdom of England and Wales with respect to Offenders liable to the Punishment of Death. | So much of Section Three as empowers the Court to direct Sentence of Death to be recorded in Cases of Murder. |
7 W. 4 & 1 Vict. c. 84 | Forgery Act 1837 | An Act to abolish the Punishment of Death in Cases of Forgery. | So much of Sections One and Two as relates to the forging, altering, offering, uttering, disposing of, or putting off any Will, Testament, Codicil, or Testamentary Writing, or any Power of Attorney, or other Authority therein mentioned, and to Principals in the Second Degree and Accessories before the Fact in such Offences, and so much of Sections Two and Three as relates to the Punishment of any Offence created by or formerly punishable under any Enactment in this Schedule before mentioned and hereby repealed. |
7 W. 4 & 1 Vict. c. 85 | Offences against the Person Act 1837 | An Act to amend the Laws relating to Offences against the Person. | The whole. |
7 W. 4 & 1 Vict. c. 86 | Burglary Act 1837 | An Act to amend the Laws relating to Burglary and stealing in a Dwelling House. | The whole. |
7 W. 4 & 1 Vict. c. 87 | Robbery from the Person Act 1837 | An Act to amend the Laws relating to Robbery and stealing from the Person. | The whole. |
7 W. 4 & 1 Vict. c. 89 | Burning of Buildings, etc. Act 1837 | An Act to amend the Laws relating to burning or destroying Buildings and Ships. | The whole. |
7 W. 4 & 1 Vict. c. 90 | Solitary Confinement Act 1837 | An Act to amend the Law relative to Offences punishable by Transportation for Life. | The whole, except Section Five. |
2 & 3 Vict. c. 58 | Stannaries Act 1839 | An Act to make further Provision for the Administration of Justice, and for improving the Practice and Proceedings in the Courts of the Stannaries of Cornwall, and for the Prevention of Frauds by Workmen employed in the Mines within the County of Cornwall. | Section Ten. |
3 & 4 Vict. c. 97 | Railway Regulation Act 1840 | An Act for regulating Railways. | Section Fifteen. |
4 & 5 Vict. c. 56 | Substitution of Punishments for Death Act 1841 | An Act for taking away the Punishment of Death in certain Cases, and substituting other Punishments in lieu thereof. | Sections Two and Three, and so much of Section One as relates to Embezzlements by Officers or Servants of the Bank of England. |
5 & 6 Vict. c. 28[m] | Capital Punishment (Ireland) Act 1842 | An Act to assimilate the Law in Ireland as to the Punishment of Death to the Law in England; to abolish the Punishment of Death in certain Cases in Ireland, and to substitute other Punishments in lieu thereof. | Sections Four, Thirteen, Fourteen, and Fifteen, and so much of Section Seven as relates to the Punishment contained in any Enactment hereby repealed, and so much of Section Eighteen as relates to Principals in the Second Degree and Accessories before the Fact to any Offence mentioned in the said Sections Four, Thirteen, Fourteen, and Fifteen, or in the said Part of the said Section Eighteen hereby repealed. |
5 & 6 Vict. c. 39 | Factors Act 1842 | An Act to amend the Law relating to Advances bonâ fide made to Agents intrusted with Goods. | Section Six. |
5 & 6 Vict. c. 66 | Exchequer Bills (No. 2) Act 1842 | An Act for further regulating the Preparation and Issue of Exchequer Bills. | Sections Nine and Ten. |
5 & 6 Vict. c. 106[n] | Fisheries (Ireland) Act 1842 | An Act to regulate the Irish Fisheries. | Sections Eleven and Twelve. |
6 & 7 Vict. c. 10 | Punishment of Death Act 1843 | An Act for removing Doubts as to the Punishments which may be awarded under the Provisions of an Act of the Fourth and Fifth Years of Her present Majesty, "for taking away the Punishment of Death in certain Cases," for certain Offences therein specified. | The whole. |
7 & 8 Vict. c. 62 | Burning of Farm Buildings Act 1844 | An Act to amend the Law as to burning Farm Buildings. | The whole. |
7 & 8 Vict. c. 81[o] | Marriages (Ireland) Act 1844 | An Act for Marriages in Ireland, and for registering such Marriages. | Section Seventy-five. |
8 & 9 Vict. c. 44 | Protection of Works of Art, etc. Act 1845 | An Act for the better Protection of Works of Art and Scientific and Literary Productions. | The whole. |
8 & 9 Vict. c. 47 | Dog Stealing Act 1845 | An Act for the further Prevention of the Offence of Dog Stealing. | The whole. |
8 & 9 Vict. c. 108 [p] | Fisheries (Ireland) Act 1845 | An Act for the further Amendment of an Act of the Fifth Year of Her present Majesty for regulating the Irish Fisheries. | Section Eighteen. |
9 & 10 Vict. c. 25 | Malicious Injuries by Fire, etc. Act 1846 | An Act for preventing malicious Injuries to Persons and Property by Fire or by explosive or destructive Substances. | The whole. |
10 & 11 Vict. c. 66 | Threatening Letters, etc. Act 1847 | An Act for extending the Provisions of the Law respecting Threatening Letters, and accusing Parties with a view to extort Money. | The whole. |
11 & 12 Vict. c. 46 | Criminal Procedure Act 1848 | An Act for the Removal of Defects in the Administration of Criminal Justice. | Sections One, Two, and Three. |
12 & 13 Vict. c. 11 | Larceny Act 1849 | An Act to amend the Laws of England and Ireland relative to Larceny and other Offences connected therewith. | The whole. |
12 & 13 Vict. c. 76 | Offences Against Women Act 1849 | An Act to protect Women from fraudulent Practices for procuring their Defilement. | The whole. |
13 & 14 Vict. c. 72[q] | Registration of Assurances (Ireland) Act 1850 | An Act to amend the Laws for the Registration of Assurances of Lands in Ireland. | Section Sixty-two. |
13 & 14 Vict. c. 88[r] | Fisheries (Ireland) Act 1850 | An Act to amend the Law relating to Engines used in the Rivers and on the Seacoasts of Ireland for the taking of Fish. | Section Forty-two. |
14 & 15 Vict. c. 11 | Poor Law (Apprentices, &c.) Act 1851 | An Act for the better Protection of Persons under the Care and Control of others as Apprentices or Servants; and to enable the Guardians and Overseers of the Poor to institute and conduct Prosecutions in certain Cases. | Sections One, Two, Six, and Seven. |
14 & 15 Vict. c. 19 | Prevention of Offences Act 1851 | An Act for the better Prevention of Offences. | Sections One, Two, Three, Four, Six, Seven, Eight, and Nine. |
14 & 15 Vict. c. 92[s] | Summary Jurisdiction (Ireland) Act 1851 | An Act to consolidate and amend the Acts relating to certain Offences and other Matters, as to which Justices of the Peace exercise summary jurisdiction in Ireland. | Sections Two, Three, Four, and Five. |
14 & 15 Vict. c. 100 | Criminal Procedure Act 1851 | An Act for further improving the Administration of Criminal Justice. | Sections Four, Six, Eight, Eleven, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, and so much of Section Five as relates to forging or uttering any Instrument, and so much of Section Twenty-nine as relates to any indecent Assault, or any Assault occasioning actual bodily Harm or any Attempt to have carnal Knowledge of a Girl under Twelve Years of Age. |
16 & 17 Vict. c. 23 | National Debt Act 1853 | An Act for redeeming or commuting the Annuity payable to the South Sea Company, and certain Annuities of Three Pounds per Centum per Annum, and for creating new Annuities of Three Pounds Ten Shillings per Centum and Two Pounds Ten Shillings per Centum per Annum, and issuing Exchequer Bonds. | Section Forty-one. |
16 & 17 Vict. c. 30 | Criminal Procedure Act 1853 | An Act for the better Prevention and Punishment of aggravated Assaults upon Women and Children, and for preventing Delay and Expense in the Administration of certain Parts of the Criminal Law. | Section One. |
16 & 17 Vict. c. 99 | Penal Servitude Act 1853 | An Act to substitute in certain Cases other Punishment in lieu of Transportation. | Section Twelve. |
16 & 17 Vict. c. 102 | Defacing the Coin Act 1853 | An Act to prevent the defacing of the current Coin of the Realm. | The whole, as to the whole United Kingdom. |
16 & 17 Vict. c. 113 | Common Law Procedure Amendment Act (Ireland) 1853 | An Act to amend the Procedure in the Superior Courts of Common Law in Ireland. | So much of Section Seventy-one as relates to any Action which shall be commenced against any Person for anything done in pursuance of any of the Acts of this Session for consolidating and amending the Statute Law of England and Ireland relating to Larceny, Malicious Injuries, and Coin. |
16 & 17 Vict. c. 132 | National Debt (No. 2) Act 1853 | An Act to extend the Provisions of an Act of the present Session for redeeming or commuting the Annuity payable to the South Sea Company and certain Annuities of Three Pounds per Centum per Annum, and to provide for Payments to be made under the said Act. | Sections Ten and Eleven. |
17 & 18 Vict. c. 33 | Public Statues (Metropolis) Act 1854 | An Act to place Public Statues within the Metropolitan Police District under the Control of the Commissioners of Her Majesty's Works and Public Buildings. | Section Six. |
20 & 21 Vict. c. 54 | Punishment of Frauds Act 1857 | An Act to make better Provision for the Punishment of Frauds committed by Trustees, Bankers, and other Persons intrusted with Property. | The whole. |
21 & 22 Vict. c. 3 | East India Loans Act 1858 | An Act for enabling the East India Company to raise Money in the United Kingdom for the Service of the Government of India. | Section Ten. |
21 & 22 Vict. c. 47 | Law of False Pretences Act 1858 | An Act to amend the Law of false Pretences. | The whole. |
21 & 22 Vict. c. 79 | Drafts on Bankers Act 1858 | An Act to amend the Law relating to Cheques or Drafts on Bankers. | Section Three. |
21 & 22 Vict. c. 106 | Government of India Act 1858 | An Act for the better Government of India. | Section Fifty. |
22 Vict. c. 11 | East India Loan Act 1859 | An Act to enable the Secretary of State in Council of India to raise Money in the United Kingdom for the Service of the Government of India. | Section Ten. |
22 & 23 Vict. c. 32 | County and Borough Police Act 1859 | An Act to amend the Law concerning the Police in Counties and Boroughs in England and Wales. | Section Twenty-five. |
22 & 23 Vict. c. 39 | East India Loan (No. 2) Act 1859 | An Act to enable the Secretary of State in Council of India to raise Money in the United Kingdom for the Service of the Government of India. | Section Thirteen. |
23 & 24 Vict. c. 8 | Poison Act 1860 | An Act to amend the Law relating to the unlawful administering of Poison. | The whole.[t][24] |
23 & 24 Vict. c. 29 | Malicious Injuries to Property Act 1860 | An Act to amend an Act relative to Malicious Injuries to Property. | The whole. |
23 & 24 Vict. c. 130 | East India Loan Act 1860 | An Act to enable the Secretary of State in Council of India to raise Money in the United Kingdom for the Service of the Government of India. | Section Thirteen. |
See also
[edit]Notes
[edit]- ^ Section 1
- ^ This reads "Ann. c. 10 (I.)" in the Act.
- ^ This read "1 & 22 Geo. 3. c. 16. (I.)" in the Act.
- ^ This Act was repealed for Scotland by Forgery and Counterfeiting Act 1981.
- ^ The text of the Act states "49 Geo. 3. c. 13. (I.)"
- ^ The text of the Act states "5 Geo. 4. c. 25. (I.)"
- ^ The text of the Act states "9 Geo. 4. c. 54. (I.)"
- ^ The text of the Act states "9 Geo. 4. c. 55. (I.)"
- ^ The text of the Act states "9 Geo. 4. c. 56. (I.)"
- ^ The text of the Act states "10 Geo. 4. c. 34. (I.)"
- ^ This Act was wholly repealed by the Statute Law Revision Act 1874. The Notes to the Statute Law Revision Act 1874 state ""Sect. 1. repeal. Sect. 2. repealed by 7 Will. 4. & 1 Vict. c. 36. s. 1. Sect. 3. (in part) repealed in part by 7 Will. 4. & 1 Vict. c. 89, s. 1. ; [The whole Act repeated, except as to Scotland, by 7 & 8 Vict. c. 24. s. 1.]""
- ^ The text of the Act states "5 & 6 Geo. 4. c. 34. (I.)"
- ^ The text of the Act states "5 & 6 Vict. c. 28. (I.)"
- ^ The text of the Act states "5 & 6 Vict. c. 106. (I.)"
- ^ The text of the Act states "7 & 8 Vict. c. 81. (I.)"
- ^ The text of the Act states "8 & 9 Vict. c. 108. (I.)"
- ^ The text of the Act states "13 & 14 Vict. c. 72. (I.)"
- ^ The text of the Act states "13 & 14 Vict. c. 88. (I.)"
- ^ The text of the Act states "14 & 15 Vict. c. 92. (I.)"
- ^ This Act was wholly repealed by the Statute Law Revision Act 1892. The Notes to the Statute Law Revision Act 1892 state "Already rep. as to E. Inoperative as to Scotland."
References
[edit]- James Edward Davis. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory. Butterworths. 1861. Pages v to xviii (introduction) and pp. 7 to 19 (complete annotated text of the Act) (from Google Books).
- Francis Towers Streeten and Edward Alfred Hadley. An Analytical Digest of the Cases Reported and Published from Trinity Term 1860 to Michaelmas Term 1865, and contained in the Law Journal Reports, and other contemporary Reports; with References to Statutes Passed within the Same Period. Edward Bret Ince. London. 1868. Page 579 et seq.
- ^ Current Law Statutes Annotated. Vol. 4. London and Edinburgh: Sweet & Maxwell and W. Green. 1994. Alphabetical Table of Statutes. p. 43.
- ^ Rickards, George Kettilby (1861). The Statutes of the United Kingdom of Great Britain and Ireland, 24 & 25 Victoria, 1861. London: Eyre and Spottiswoode, printers to the Queen. p. 321.
- ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
- ^ a b c d e Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024. This article incorporates text from this source, which is in the public domain.
- ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
- ^ Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. p. 436.
- ^ Companion to the Almanac, Or Yearbook of General Information for ... 1835. p. 161.
- ^ a b c d e Britain, Great (1861). Statutes at Large ...: (37 v.) A collection of the public general statutes, 1833-1869. p. 454.
- ^ "Minutes". Parliamentary Debates (Hansard). Vol. 161. Parliament of the United Kingdom: House of Commons. 14 February 1861. col. 393.
- ^ a b c d e Commons, Great Britain Parliament House of (1861). Journals of the House of Commons (PDF). Vol. 116. By order of the House of Commons. pp. 51, 72, 79, 182, 191, 229, 242, 261, 277, 425, 428. Retrieved 23 October 2024.
- ^ a b "Criminal Law (England And Ireland) Consolidation And Amendment—Leave". Parliamentary Debates (Hansard). Vol. 161. Parliament of the United Kingdom: House of Commons. 14 February 1861. col. 439–448.
- ^ "Minutes". Parliamentary Debates (Hansard). Vol. 161. Parliament of the United Kingdom: House of Commons. 21 February 1861. col. 708.
- ^ "Consolidation of the Criminal Law". Parliamentary Debates (Hansard). Vol. 163. Parliament of the United Kingdom: House of Commons. 11 June 1861. col. 930–932.
- ^ "Minutes". Parliamentary Debates (Hansard). Vol. 163. Parliament of the United Kingdom: House of Commons. 17 June 1861. col. 1169.
- ^ Lords, Great Britain Parliament House of (1861). Journals of the House of Lords. Vol. 93. H.M. Stationery Office. pp. 402, 582, 607, 620, 629, 649, 684.
- ^ "Minutes". Parliamentary Debates (Hansard). Vol. 163. Parliament of the United Kingdom: House of Lords. 18 June 1861. col. 1217.
- ^ "Minutes". Parliamentary Debates (Hansard). Vol. 164. Parliament of the United Kingdom: House of Lords. 30 July 1861. col. 1778.
- ^ "Second Heading". Parliamentary Debates (Hansard). Vol. 164. Parliament of the United Kingdom: House of Lords. 30 July 1861. col. 1779–1783.
- ^ "Committee". Parliamentary Debates (Hansard). House of Lords. col. 1821.
- ^ "Minutes". Parliamentary Debates (Hansard). Vol. 164. Parliament of the United Kingdom: House of Lords. 2 August 1861. col. 1835.
- ^ "Minutes". Parliamentary Debates (Hansard). Vol. 164. Parliament of the United Kingdom: House of Lords. 6 August 1861. col. 1883.
- ^ Oke, George Colwell (1861). The Magisterial Synopsis (supplement to the 7th ed.). London: Butterworths. p. 1 note (b).
- ^ a b Lords, Great Britain Parliament House of (1874). Public Bills.
- ^ a b Lords, Great Britain Parliament House of (1851). Public Bills.
- ^ Chronological Table and Index of the Statutes. 4th ed. London: Queen's Printers. 1878. p. 297.
External links
[edit]- List of amendments and repeals in the Republic of Ireland from the Irish Statute Book.