The Master and Servant Act 1889 (52 & 53 Vict. c. 24) was an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments relating to master and servants from 1702 to 1811 which had ceased to be in force or had become necessary.
Background In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.
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. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. 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." However, this was never done.
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. 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. The Commission made four reports.
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. This approach was taken by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64), considered to be the first Statute Law Revision Act.
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he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time. +Previous statute law revision actsYear passedTitleCitationEffect1861Statute Law Revision Act 186124 & 25 Vict. c. 101Repealed or amended over 800 enactments1863Statute Law Revision Act 186326 & 27 Vict. c. 125Repealed or amended over 1,600 enactments for England and Wales1867Statute Law Revision Act 186730 & 31 Vict. c. 59Repealed or amended over 1,380 enactments1870Statute Law Revision Act 187033 & 34 Vict. c. 69Repealed or amended over 250 enactments1871Promissory Oaths Act 187134 & 35 Vict. c. 48Repealed or amended almost 200 enactments1871Statute Law Revision Act 187134 & 35 Vict. c. 116Repealed or amended over 1,060 enactments1872Statute Law Revision Act 187235 & 36 Vict. c. 63Repealed or amended almost 490 enactments1872Statute Law (Ireland) Revision Act 187235 & 36 Vict. c. 98Repealed or amended over 1,050 enactments1872Statute Law Revision Act 1872 (No. 2)35 & 36 Vict. c. 97Repealed or amended almost 260 enactments1873Statute Law Revision Act 187336 & 37 Vict. c. 91Repealed or amended 1,225 enactments1874Statute Law Revision Act 187437 & 38 Vict. c. 35Repealed or amended over 490 enactments1874Statute Law Revision Act 1874 (No. 2)37 & 38 Vict. c. 96Repealed or amended almost 470 enactments1875Statute Law Revision Act 187538 & 39 Vict. c. 66Repealed or amended over 1,400 enactments1876Statute Law Revision (Substituted Enactments) Act 187639 & 40 Vict. c. 20Updated references to repealed acts1878Statute Law Revision (Ireland) Act 187841 & 42 Vict. c. 57Repealed or amended over 460 enactments passed by the Parliament of Ireland1878Statute Law Revision Act 187841 & 42 Vict. c. 79Repealed or amended over 90 enactments.1879Statute Law Revision (Ireland) Act 187942 & 43 Vict. c. 24Repealed or amended over 460 enactments passed by the Parliament of Ireland1879Civil Procedure Acts Repeal Act 187942 & 43 Vict. c. 59Repealed or amended over 130 enactments1881Statute Law Revision and Civil Procedure Act 188144 & 45 Vict. c. 59Repealed or amended or amended almost 100 enactments relating to civil procedure.1883Statute Law Revision Act 188346 & 47 Vict. c. 39Repealed or amended over 475 enactments1883Statute Law Revision and Civil Procedure Act 188346 & 47 Vict. c. 49Repealed or amended over 475 enactments1887Statute Law Revision Act 188750 & 51 Vict. c. 59Repealed or amended over 200 enactments1887Sheriffs Act 188750 & 51 Vict. c. 55Repealed or amended almost 75 enactments related to sheriffs1887Coroners Act 188750 & 51 Vict. c. 71Repealed or amended over 30 enactments related to coroners1888Statute Law Revision Act 188851 & 52 Vict. c. 3Repealed or amended 620 enactments1888Statute Law Revision (No. 2) Act 188851 & 52 Vict. c. 57Repealed or amended over 240 enactments
Passage Leave to bring in the Master and Servant Bill was granted to George Howell , Sir Henry James , A. J. Mundella , William Hunter , Charles Bradlaugh , T. M. Healy , Henry Hoyle Howorth , and Charles Fenwick on 1 May 1889. The bill had its first reading in the House of Commons on 1 May 1889, presented by George Howell . The bill had its second reading in the House of Commons on 15 May 1889, and was unopposed by the government. The bill was committed to a committee of the whole house, which met on 22 May 1889 and 29 May 1889 and reported on 19 June 1889, with amendments. The amended bill had its third reading in the House of Commons on 19 June 1889 and passed, without amendments.
The bill had its first reading in the House of Lords on 20 June 1889. The bill had its second reading in the House of Lords on 5 July 1889 and was committed to the Standing Committee for Bills relating to Law, &c. which reported on 16 July 1889, without amendments. The bill was committed to a committee of the whole house, which met and reported on 22 July 1889, without amendments. The bill had its third reading in the House of Lords on 23 July 1889 and passed, without amendments.
The bill was granted royal assent on 26 July 1889.
Subsequent developments
The schedule to the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1908 (8 Edw. 7. c. 49)), which came into force on 21 December 1908.
The whole act was repealed for the United Kingdom by section 1(1) of, and part XIX of schedule 1 to, the Statute Law (Repeals) Act 1977, which came into force on 16 June 1977.
The whole 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, which came into force on 8 May 2007.
Repealed enactments Section 2 of the act repealed 22 enactments, listed in the schedule to the act. Section 2 of the act included several safeguards to ensure that previously repealed enactments that had been confirmed, revived or perpetuated by the repealed acts would remain unaffected, enactments that had incorporated or referenced the repealed acts would remain valid, existing rights, obligations, liabilities, and legal proceedings would be preserved and the repeal would not affect any enactments in force in Her Majesty's dominions outside the United Kingdom.