Statute Law Revision (Substituted Enactments) Act, 1876

STATUTE LAW REVISION (SUBSTITUTED ENACTMENTS) ACT 1876

CHAPTER 20.

An Act to facilitate the Revision of the Statute Law by substituting in certain Acts, incorporating Enactments which have been otherwise repealed, a reference to recent Enactments still in force. [27th June 1876.]

Be it 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:

Substitution of Summary Jurisdiction Act for repealed Act 7 & 8 Geo. 4. c. 30. in certain sections of the Inclosure Acts 11 & 12 Vict. c. 99. s. 10., 12 & 13 Vict. c. 83. s. 10., 15 & 16 Vict. c. 79. s. 33.

1. There shall be repealed so much of section ten of the Inclosure Act, 1848, and of section ten of the Inclosure Act, 1849, and of section thirty-three of the Inclosure Act, 1852, as incorporates or refers to any provisions of the Act of the seventh and eighth years of the reign of King George the Fourth, chapter thirty, intituled “An Act for consolidating and amending the laws in England “relative to malicious injuries to property, and which last-mentioned provisions have since been repealed, and in place thereof, be it enacted, that—

Any offence under section ten of the Inclosure Act, 1848, and under section ten of the Inclosure Act, 1849, and under section thirty-three of the Inclosure Act, 1852, shall be deemed to be an offence punishable on summary conviction under the Summary Jurisdiction Act and the Acts amending the same: Provided that any penalty or forfeiture incurred shall be applied in manner provided by the said Inclosure Acts, and that any information in relation to any such offence as is mentioned in this section shall be heard, tried, determined, and adjudged before two justices.

Substitution of certain enactments for the repealed enactments mentioned in 12 & 13 Vict. c. 25.

2. There shall be repealed so much of section two of the Act of the session of the twelfth and thirteenth yearn of the reign of Her present Majesty, chapter twenty-five, intituled “An Act for giving “effect to the stipulations of a treaty between Her Majesty and “the Queen of Portugal for the apprehension of certain deserters,” as provides, by reference to an Act of Parliament since repealed, for the recovery, payment, and application of the penalty therein mentioned for harbouring or secreting a seaman or apprentice having deserted from his ship, and in place thereof be it enacted as follows:

The penalty under section two of the Act of the session of the twelfth and thirteenth years of the reign of Her present Majesty, chapter twenty-five, intituled “An Act for giving effect to the “stipulations of a treaty between Her Majesty and the Queen of “Portugal for the apprehension of certain deserters,” shall be recovered, paid, and applied in the same manner as a penalty for harbouring or secreting any seaman deserting from a British ship is for the time being recoverable, payable, and applicable.

Substitution of Larceny Act, 1861, for repealed Act, 20 & 21 Vict. c. 54. in Municipal Corporation Mortgages, &c. Act, 1860, 23 & 24 Vict. c. 16.

3. There shall be repealed so much of section seven of the Municipal Corporation Mortgages, &c. Act, 1860, as provides that a person guilty of a misdemeanor thereunder shall be subject in respect thereof to the provisions of the Act of the session of the twentieth and twenty-first years of the reign of Her present Majesty, chapter fifty-four, applicable to any person guilty of a misdemeanor under that Act (which Act has since been repealed), and in place thereof be it enacted as follows: that any person guilty of a misdemeanor under section seven of the Municipal Corporation Mortgages, &c. Act, 1860, shall be subject in respect thereof to the provisions of the Larceny Act, 1861, applicable to any person guilty of a misdemeanor under section seventy-five of that Act.

Substitution of Larceny Act, 1861 (24 & 25 Vict. c. 96.), for repealed Act 7 & 8 Geo. 4. c. 29. in 18 & 19 Vict. c. 126. s. 23.

4. There shall be repealed so much of the twenty-third section of the Act of the session of the eighteenth and nineteenth years of the reign of Her present Majesty, chapter one hundred and twenty-six, as provides for the definition of “property” by reference to the Act of the session of the seventh and eighth years of the reign of King George the Fourth, chapter twenty-nine, which Act has since been repealed, and in place thereof be it enacted that—

“Property” as used in the said Act of the session of the eighteenth and nineteenth years of the reign of Her present Majesty, chapter one hundred and twenty-six, shall have the same meaning as “property” has in the Larceny Act, 1861.

Substitution of Licensing Act, 1872 (35 & 36 Vict. c. 94.), for the repealed enactments mentioned in s. 10. of Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112).

5. There shall be repealed so much of section ten of the Prevention of Crimes Act, 1871, as provides that “any person convicted “under that section shall have a right to appeal against such “conviction in the same manner in all respects as if the said “conviction had been for an offence committed against the pro-”visions of the Act of the ninth George the Fourth, chapter sixty-”one,” which last-mentioned provisions have since been repealed, and in place thereof be it enacted that—

Any person convicted under section ten of the Prevention of Crimes Act, 1871, shall have a right to appeal against such conviction in the same manner in all respects as a person may appeal who feels aggrieved by a conviction made by a court of summary jurisdiction under the Licensing Act, 1872, and all the provisions of such last-mentioned Act, and of any Act amending the same, relating to an appeal from a conviction made by a court of summary jurisdiction under such last-mentioned Act, shall apply accordingly.

Effect of repeals.

6. The repeals enacted in this Act shall not affect:

(1.) Anything duly done or suffered; or

(2.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence against any enactment hereby repealed; or

(3.) The institution of any investigation or legal proceeding for enforcing or recovering any such penalty, forfeiture, or punishment as aforesaid, and such investigation or legal proceeding may be carried on as if this Act had not passed.

Definition of Acts.

7. The Acts in the schedule to this Act are in the body of this Act referred to by the short titles respectively set opposite such Acts in the third column of that schedule.

Short title to Act.

8. This Act may be cited as “The Statute Law Revision (Substituted Enactments) Act, 1876.”

SCHEDULE.

Column 1.

Column 2.

Column 3.

11 & 12 Vict. c. 43.

An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders.

Summary Jurisidiction Act.

11 & 12 Vict. c. 99.

An Act to further extend the provisions of the Act for the inclosure and imment of commons.

Inclosure Act, 1848.

12 & 13 Vict. c. 83.

An Act further to facilitate the inclosure of commons and the improvement of commons and other lands.

Inclosure Act, 1849.

15 & 16 Vict. c. 79.

An Act to amend and further extend the Acts for the inclosure, exchange, and improvement of land.

Inclosure Act, 1852.

24 & 25 Vict. c. 96.

An Act to consolidate and amend the statute law of England and Ireland relating to larceny and other similar offences.

The Larceny Act, 1861.