The Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59) was an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments relating to civil procedure from 1235 to 1852 which had ceased to be in force or had become necessary. The act also abolished the offence of outlawry in English civil law. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.

Section 7 of the Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49) provided that if and so far as any enactment repealed by this act applied, or may have been by Order in Council applied, to the Court of the County Palatine of Lancaster, or to any inferior court of civil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 was to be construed as if it were contained in a local and personal act specially relating to such court, and was to have effect accordingly.

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.

From 1810 to 1825, The Statutes of the Realm was published, providing the first authoritative collection of acts. The first statute law revision act was not passed until 1856 with the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64). This approach — focusing on removing obsolete laws from the statute book followed by consolidation — was proposed by Peter Locke King MP, who had been highly critical of previous commissions' approaches, expenditures, and lack of results. +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 Ireland In the 1870s, the passing of the Judicature Acts virtually repealed or superseded certain enactments and rules of the court.

Passage The Civil Procedure Acts Repeal Bill had its first reading in the House of Lords on 27 June 1879, introduced by the Lord Chancellor, Hugh Cairns, 1st Earl Cairns. The bill had its second reading in the House of Lords on 11 July 1879 and was committed to a committee of the whole house, which met and reported on 14 July 1879, without amendments. The bill had its third reading in the House of Lords on 15 July 1879 and passed, without amendments.

The bill had its first reading in the House of Commons on 21 July 1879. The bill had its second reading in the House of Commons on 24 July 1879 and was committed to a committee of the whole house, which met on 4 August 1879 and 8 August 1879 and reported on 8 August 1879, with amendments. The amended bill had its third reading in the House of Commons on 10 May 1879 and passed, with amendments.

The amended bill was considered and agreed to by the House of Lords on 12 August 1879.

The bill was granted royal assent on 15 August 1879.

Subsequent developments The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress, as well as the Consolidated "Rules of the Supreme Court, 1883".

Several enactments mentioned in Part II of the schedule were repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59). The enactments mentioned in Part II of the schedule were repealed by section 4 of the Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49). The repeal of these enactments was criticised for their complexity, specifically where multiple enactments served the same purpose, serving to "incumber the Statute-book". For example, the Supreme Court of Judicature received powers under the Insolvent Debtors Relief (No. 2) Act 1728 (2 Geo. 2. c. 22) and the Set-off Act 1734 (8 Geo. 2. c. 24) that established the right of set-off for mutual debts in legal actions, through the Rules of Court 1875, and the County Court through the County Court Rules in 1876. These acts were affected by the Civil Procedure Repeal Act 1879 (42 & 43 Vict. c. 59) and these provisions were further extended to the Court of the County Palatine of Lancaster and other inferior civil courts by section 7 of the act.

The preamble, section 3 from the beginning of this section to the word "Act" and the schedule were repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 54), which came into force on 25 August 1894.

Section 4(2), the words from "and shall not" to the end and Section 4(3) were repealed by section 1 of, and the first part of the schedule to, the Statute Law Revision Act 1898 (61 & 62 Vict. c. 22), which came into force on 25 July 1898.

The whole act was repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1958 (6 & 7 Eliz. 2. c. 46), which came into force on 23 July 1958.

The act was retained for the Republic of Ireland by section 2(2)(a) of, and part 4 of schedule 1 to, the Statute Law Revision Act 2007, which came into force on 8 May 2007.

The repeals in this act resulted in several court cases. As to sections 2 and 4, see Snelling v Pulling. As to section 4(1), see Hanak v Green.Hanak v Green 2 QB 9; 2 WLR 755; 2 All ER 141

Repealed enactments Section 2 of the act repealed 132 enactments, listed in the schedule to the act.

Section 3 of the act abolished the punishment of outlawry and waiver in civil proceedings.

Section 4 of the act provided that the repeal would not affect: (a) anything done before the act's passing, (b) any established jurisdiction, principle, or rule of law or equity, (c) any right to hereditary revenues of the Crown or charges thereon, (d) any repeal, confirmation, revival, or perpetuation by previous enactments, and (e) the application of any repealed enactment in other legislation. The section further provided that the repeal would not extend to any part of Her Majesty's dominions outside the United Kingdom, and would only operate in respect of the Supreme Court of Judicature in England. Additionally, the act would not revive or restore any jurisdiction, office, duty, fee, payment, franchise, liberty, custom, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter not existing at the time of passing.