DOCSLIB.ORG

———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— ARRAN

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— ARRAN Click here for Explanatory Memorandum ———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 1 [No. 28.]Statute Law Revision Act 2007. [2007.] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 [2007.]Statute Law Revision Act 2007. [No. 28.] Acts Referred to Bill of Rights 1688 1 Will. & Mary, sess. 2, c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas. 1, c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c. 19 Government of Ireland Act 1920 10 & 11 Geo. 5, c. 67 Interpretation Act 2005 2005, No. 23 Irish Free State (Agreement) Act 1922 12 & 13 Geo. 5, c. 4 Land Transfer (Ireland) Act 1848 11 & 12 Vict., c. 120 Leasing Powers for Religious Worship in Ireland Act 1855 18 & 19 Vict., c. 39 Local Government Act 2001 2001, No. 37 Magna Carta (Obstructing of Rivers) 1297 25 Edw. 1, Magna Carta, c. 16 Medical Act 1858 21 & 22 Vict., c. 90 Railways Traverse Act 1868 31 & 32 Vict., c. 70 Renewable Leasehold Conversion Act 1849 12 & 13 Vict., c. 105 Short Titles Act 1896 59 & 60 Vict., c. 14 Short Titles Act 1962 1962, No. 5 Statute of Conspiracy (Maintenance and Champerty) Statutes of uncertain date. Stat. de Consp. Statute of the Exchequer (Distress) Statutes of uncertain date. Les Estatuz del Eschekere, provisions Distr’. sc’cii. between cc. 13 and 14 Statute Quia Emptores 1290 18 Edw. 1, Stat. d’ni R. de t’ris, & c. 3 4 ———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— AN ACT TO PROMOTE THE REVISION OF STATUTE LAW BY REPEALING CERTAIN STATUTES THAT WERE ENACTED BEFORE 6 DECEMBER 1922 AND WHICH HAVE CEASED TO HAVE EFFECT OR HAVE BECOME UNNECESSARY, BY IDENTIFYING THOSE STATUTES PRIMARILY OF A PUBLIC AND GENERAL NATURE THAT WERE SO ENACTED BUT ARE NOT BEING REPE- ALED BY THIS ACT, BY ASSIGNING SHORT TITLES TO CERTAIN STATUTES IN ORDER TO FACILITATE THEIR CITATION AND BY AMENDING CERTAIN STATUTES IN SO FAR AS THEY RELATE TO SHORT TITLES, TO PROVIDE FOR PRIMA FACIE EVIDENCE TO BE GIVEN OF CERTAIN STATUTES, AND TO PROVIDE FOR RELATED MATTERS. [8th May, 2007] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1.—In this Act “statute” includes, where the context allows, a royal Definitions. ordinance, charter or similar document that— (a) is of a public and general nature, and (b) by virtue of its antiquity and having been granted or otherwise made before or during the development of the parliamentary system, is judicially noticed as having the force and effect of an act of parliament. 2.—(1) Subject to subsection (2), all statutes enacted before 6 General statute law December 1922 that are in force in the State immediately before the revision repeal and passing of this Act are repealed. saver. (2) Subsection (1) does not apply to— (a) the statutes specified in Schedule 1, (b) any statute enacted before 6 December 1922, and in force in the State immediately before the passing of this Act that was— 5 S.2 [No. 28.]Statute Law Revision Act 2007. [2007.] (i) enacted as a private Act, or published in any official ser- ies of private Acts (however described), or (ii) enacted as a local or personal Act, or published in any official series of local or personal Acts (however described), other than where such statute is set out in Schedule 2,or (c) without prejudice to section 27 of the Interpretation Act 2005 and to section 9, any saving, or any transitional or continuing matter, provided for in respect of a statute repealed by or under any enactment passed prior to the passing of this Act. (3) Notwithstanding subsection (2)(a), the following provisions of the Bill of Rights 1688 are repealed: (a) all of the Preamble down to “Upon which Letters Elections haveing beene accordingly made.”; (b) the seventh paragraph after the words “for the Vindicating and Asserting their auntient Rights and Liberties, Declare”; (c) all words from “And they doe Claime Demand and Insist” down to, but not including, section 2. Specific repeals. 3.—(1) For ease of reference and for the purpose referred to in section 2(2)(b), there is set out in Schedule 2 a list of statutes enacted before 6 December 1922 which— (a) were not wholly repealed before the passing of this Act, and (b) are not saved by virtue of section 2(2), and for the purposes of this subsection “wholly repealed” includes a stat- ute to which section 2(2)(c) relates. (2) The fact that a statute, other than a statute to which paragraph (a) or (b) of section 2(2) relates, is not referred to in Schedule 2 shall not be read as saving or continuing such statute for any purpose other than as provided for by or referred to in section 2(2)(c). (3) The inclusion of a statute in Schedule 2 shall not be taken as evidence that the statute, or any provision of it, was of full force and effect immediately before the passing of this Act. Assignment of short 4.—In respect of each statute cited in the first column of Part 1, 2, 3 titles. or 4 of Schedule 1, each such statute— (a) may be cited by the short title (if any) assigned to it in the fourth column of the Part concerned opposite the mention of that statute in the first column, or (b) may continue to be cited by its short title (if any) referred to in the third column of the Part concerned opposite the men- tion of that statute in the first column. Amendment of Short 5.—The Short Titles Act 1896 is amended in the First Schedule— Titles Act 1896. [2007.]Statute Law Revision Act 2007. [No. 28.] S.5 (a) by inserting “1688” after “Bill of Rights” in the third column opposite the citation “1 Will. & Mary, Sess. 2. c. 2.” in the first column, and (b) by inserting “Act 1848” after “Land Transfer (Ireland)” in the third column opposite the citation “11 & 12 Vict. c. 120.” in the first column. 6.—The Short Titles Act 1962 is amended— Amendment of Short Titles Act 1962. (a) in the First Schedule by substituting “1639 15 Chas. 1. c. 3” for “1639 15 Chas. 1. sess. 2. c. 3” in the first column, (b) in the Second Schedule— (i) in Part I— (I) by substituting “Statutes of uncertain date. Les Esta- tuz del Eschekere, provisions Distr’. sc’cii. between cc. 13 and 14” for “1266 51 Hen. 3 (Statutes of the Exchequer; date uncertain). sts. 4, 5” in the first column, and (II) by substituting “Statute of the Exchequer (Distress)” for “Distress Act, 1266” in the third column, (ii) in Part IV— (I) by substituting “Stat. d’ni R. de t’ris, & c.” for “(Statute of Westminster the Third). cc. 1, 2.” in the first column opposite the reference to “Statute Quia Emptores, 1290” in the third column, and (II) by substituting “25 Edw. 1 (Magna Carta). c. 7” for “25 Edw. 1. c. 7” in the first column, and (iii) in Part VI in respect of the session and chapter reference “25 Edw. 1. c. 16” in the first column and the short title in the third column opposite that reference— (I) by inserting “(Magna Carta)” after “25 Edw. 1.” in the first column, and (II) by substituting “Magna Carta (Obstructing of Rivers) 1297” for “Magna Carta, 1297” in the third column opposite that reference, and (c) in the Third Schedule— (i) by substituting “Statute of uncertain date, Stat. de Consp.” for “1305 33 Edw. 1 (Statute of Champerty, or Statute de Conspiratoribus; date uncertain)” in the first column, and (ii) by substituting “Statute of Conspiracy (Maintenance and Champerty)” for “Champerty Act, 1305” in the third column. 7 [No. 28.]Statute Law Revision Act 2007. [2007.] Miscellaneous 7.—(1) An Act referred to in the Table to this section by reference amendments to post- to its year, session and chapter in the first column and to its short title in 1800 short titles. the second column is amended to the extent provided for in the third column opposite the mention to the Act concerned. For convenience of reference there is set out in the fourth column, opposite the mention to the Act concerned, the new short title for that Act. (2) Nothing in this section or the amendments made by it shall be read as affecting the citation of an Act by its short title as set out in the second column of the Table to this section.
Load more

Recommended publications
  • Draft Convention on Bankruptcy, Winding-Up, Arrangements, Com
    Bulletin of the European Communities Supplement 2/82 Draft Convention on bankruptcy, winding-up, arrangements, com­ positions and similar proceedings Report on the draft Convention on bankruptcy, winding-up, arrange­ ments, compositions and similar pro­ ceedings EUROPEAN COMMUNITIES Commission The draft Convention on bankruptcy, winding-up, arrangements, compositions and similar proceedings was drawn up in pursuance of Article 220 of the Treaty establish­ ing the European Economic Community, under which the Member States were to 'enter into negotiations with each other with a view to securing for the benefit of their nationals ... the simplification of formalities governing the reciprocal recogni­ tion and enforcement of judgments of courts or tribunals ... '. The need for negotiations on these matters had been clear to the Member States from the Community's inception. The negotiations culminated in the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, which was signed in Brussels on 27 September 1968 and has since been amended by the Convention on the accession of the new Member States to the Convention, signed in Luxembourg on 9 October 1978.1 However, bankruptcies, compositions and other analogous proceedings were excluded from the scope of the Judgments Convention. As early as 1960 it had been decided, because of the special problems involved, to negotiate a special convention concerning such proceedings, and a paral­ lel working party had been set up under Commission auspices, composed of govern­ ment and Commission experts together with observers from the Benelux Commis­ sion for the study of the unification of law and the Hague Conference on Private International Law.
    [Show full text]
  • Bankruptcy and Diligence Etc. (Scotland) Act 2007 (Asp 3)
    Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) Bankruptcy and Diligence etc. (Scotland) Act 2007 2007 asp 3 CONTENTS Section PART 1 BANKRUPTCY Duration of bankruptcy 1 Discharge of debtor Bankruptcy restrictions orders and undertakings 2 Bankruptcy restrictions orders and undertakings Effect of bankruptcy restrictions orders and undertakings 3 Disqualification from being appointed as receiver 4 Disqualification for nomination, election and holding office as member of local authority 5 Orders relating to disqualification The trustee in the sequestration 6 Amalgamation of offices of interim trustee and permanent trustee 7 Repeal of trustee’s residence requirement 8 Duties of trustee 9 Grounds for resignation or removal of trustee 10 Termination of interim trustee’s functions 11 Statutory meeting and election of trustee 12 Replacement of trustee acting in more than one sequestration 13 Requirement to hold money in interest bearing account Debtor applications 14 Debtor applications 15 Debtor applications by low income, low asset debtors Jurisdiction 16 Sequestration proceedings to be competent only before sheriff ii Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) Vesting of estate and dealings of debtor 17 Vesting of estate and dealings of debtor Income received by debtor after sequestration 18 Income received by debtor after sequestration Debtor’s home and other heritable property 19 Debtor’s home and other heritable property Protected trust deeds 20 Modification of provisions relating to protected trust deeds Modification
    [Show full text]
  • Fines and Recoveries Act 1833
    Changes to legislation: There are currently no known outstanding effects for the Fines and Recoveries Act 1833. (See end of Document for details) Fines and Recoveries Act 1833 1833 CHAPTER 74 3 and 4 Will 4 An Act for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance. [28th August 1833] Modifications etc. (not altering text) C1 Short title “The Fines and Recoveries Act, 1833” given by short Titles Act 1896 (c. 14) C2 Words of enactment and certain other words repealed by Statute Law Revision (No.2) Act 1888 (c. 57), Statute Law Revision Act 1890 (c. 33) and Statute Law Revision Act 1892 (c. 19) C3 This Act is not necessarily in the form in which it has effect in Northern Ireland Commencement Information I1 Act wholly in force at Royal Assent [1.] Meaning of certain words and expressions. Estate. Lands. Base fee. Estate tail. Actual tenant in tail. Tenant in tail. Tenant in tail entitled to a base fee. Money. Person. Number and gender. Settlement. In the construction of this Act the word “Lands”shall extend to manors, advowsons, rectories, messuages, lands, tenements, tithes, rents, and hereditaments of any tenure (except copy of court roll), and whether corporeal or incorporeal [F1, and any undivided share thereof], but when accompanied by some expression including or denoting the tenure by copy of court roll, shall extend to manors, messuages, lands, tenements, and hereditaments of that tenure [F1, and any undivided share thereof]; and the word “estate”shall extend to an estate in equity
    [Show full text]
  • What the Crown May Do
    WHAT THE CROWN MAY DO 1. It is now established, at least at the level of the Court of Appeal (so that Court has recently stated)1, that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law. 2. The suggested rule raises two substantive issues of constitutional law: (i) who ought to decide in what new activities the executive may engage, in what circumstances and under what conditions; and (ii) what is the scope for abuse that such a rule may create and should it be left without legal control. 3. As Sir William Wade once pointed out (in a passage subsequently approved by the Appellate Committee2), “The powers of public authorities are...essentially different from those of private persons. A man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. He may act out of malice or a spirit of revenge, but in law this does not affect his exercise of power. In the same way a private person has an absolute power to release a debtor, or, where the law permits, to evict a tenant, regardless of his motives. This is unfettered discretion.” If a minister may do anything that an individual may do, he may pursue any purpose which an individual may do when engaged in such activities.
    [Show full text]
  • Statute Law Revision Bill 2007 ————————
    ———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 [No. 5 of 2007] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 Acts Referred to Bill of Rights 1688 1 Will. & Mary, Sess. 2. c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act, 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas., 1. c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c.
    [Show full text]
  • The Bank of England and the Bank Act of 1844 Laurent Le Maux
    Central banking and finance: the Bank of England and the Bank Act of 1844 Laurent Le Maux To cite this version: Laurent Le Maux. Central banking and finance: the Bank of England and the Bank Act of1844. Revue Economique, Presses de Sciences Po, 2018. hal-02854521 HAL Id: hal-02854521 https://hal.archives-ouvertes.fr/hal-02854521 Submitted on 8 Jun 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Central banking and finance: the Bank of England and the Bank Act of 1844 Laurent LE MAUX* May 2020 The literature on the Bank of England Charter Act of 1844 commonly adopts the interpretation that it was a crucial step in the construction of central banking in Great Britain and the analytical framework that contrasts rules and discretion. Through examination of the monetary writings of the period and the Bank of England’s interest rate policy, and also through the systematic analysis of the financial aspect of the 1844 Act, the paper shows that such an interpretation remains fragile. Hence the present paper rests on the articulation between monetary history and the history of economic analysis and also on the institutional approach to money and banking so as to assess the consequences of the 1844 Act for the liquidity market and the relations between the central bank and finance.
    [Show full text]
  • Chapter Ix. Old Melbourne Described
    CHAPTER IX. OLD MELBOURNE DESCRIBED. 1840—1843. SYNOPSIS:—Difficulties of Pedcstrianism—Early Legal Difficulties.—The Queen's Wharf—Solar Perplexities.—First Public Clock.—Early Letter-carriers. —Tardy Mail-deliveries.—First Burial Ground.—A Threatened Famine.—Early Mercantile Firms.—Jewish Residents.—Population of Colony in 1840-1.—Nocturnal Outrages.—Bill of Wants.—Sir Gcor«e Gipps' Visit.—•" Kiteflying."—The Unemployed.—Street Procession.—Open-air Demonstration.—Population of the Town. —First Executions of Criminals. —Commercial Depression.—Mr. Wentworth.—First Boiling-down Establishments.—Revival of Trade. PERSON now standing on the summit of Parliament House, and looking at the city spreading its wings, fan-like in every direction—its steeples, domes, and edifices glinting in the sunlight—the people, like bees, buzzing and busying about—the vehicles of every description, tram cars, and other evidences of active li'e thronging the streets—the whinnying and whistling of the "iron horse" as he rushes through the suburbs, and the fleet of shipping in Hobson's Bay—will smile with incredulity at my portraiture of the Melbourne of nearly half a century ago, yet it will be limned to the life without a single shade or tint of exaggeration thrown in to set off the effect. Forty odd years is such a brief period in the life of a great city, that unless the Melbourne of 1840 could be attested by an eye witness, it is difficult even to imagine the state of things then existent as compared with the present, and there never has been a stronger verification than the comparison supplies, of Burke's famous adage, that " fiction lags after fact, invention is unfruitful, and imagination is cold and barren." Melbourne in 1840 was certainly not a city, and could hardly be called a town ; nor did it even partake of the characteristics of a village or a hamlet.
    [Show full text]
  • Fourteenth Report: Draft Statute Law Repeals Bill
    The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the Law. The Law Commissioners are- The Honourable Mr. Justice Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman .. Dr E.M. Clive Professor P.N. Love, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsferry, Q.C., Her Majesty's Advocate. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it.
    [Show full text]
  • Forgery and Counterfeiting Act 1981, Part I
    Changes to legislation: There are currently no known outstanding effects for the Forgery and Counterfeiting Act 1981, Part I. (See end of Document for details) Forgery and Counterfeiting Act 1981 1981 CHAPTER 45 PART I FORGERY AND KINDRED OFFENCES Modifications etc. (not altering text) C1 Pt. I (ss.1-13) modified (11.11.1999) by 1999 c. 33, ss. 31(3)(a), 170(3)(e) Offences 1 The offence of forgery. A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice. 2 The offence of copying a false instrument. It is an offence for a person to make a copy of an instrument which is, and which he knows or believes to be, a false instrument, with the intention that he or another shall use it to induce somebody to accept it as a copy of a genuine instrument, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice. 3 The offence of using a false instrument. It is an offence for a person to use an instrument which is, and which he knows or believes to be, false, with the intention of inducing somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.
    [Show full text]
  • ALRC 33 Civil Admiralty Jurisdiction Terms of Reference
    ALRC 33 Civil Admiralty Jurisdiction Terms of Reference I, NEIL ANTHONY BROWN, the Minister of State for Communications, acting for and on behalf of the Attorney-General of the Commonwealth of Australia, HAVING REGARD TO THE FOLLOWING: (a) that the Admiralty jurisdiction in Australia is at present still exercised pursuant to the United Kingdom Colonial Courts of Admiralty Act, 1890; (b) that the Constitution enables the Commonwealth Parliament to make laws conferring jurisdiction on the High Court and other federal courts in matters of Admiralty and maritime jurisdiction, and to make laws investing any court of a State or Territory with such jurisdiction; and (c) the other countries, including Canada and New Zealand, to which the Colonial Courts of Admiralty Act, 1890 previously applied, have enacted their own Admiralty legislation in a revised and updated form; HEREBY REFER to the Law Reform Commission, for INQUIRY, REVIEW and REPORT thereon to the Attorney-General, all aspects of the Admiralty jurisdiction in Australia, and REQUEST the Law Reform Commission, in considering this reference, (a) to have regard to the Report of the Joint Committee of the Law Council of Australia and the Maritime Law Association of Australia and New Zealand dated 22 April 1982 on Admiralty Jurisdiction in Australia, and (b) to take note of the draft Admiralty Jurisdiction Bill set out as Appendix “A” to that Report, and, in particular, to (i) make recommendations on the provisions to be included in an Australian Admiralty Act; (ii) consider whether any, and
    [Show full text]
  • Forgery Act 1861
    Status: This is the original version (as it was originally enacted). Forgery Act 1861 1861 CHAPTER 98 An Act to consolidate and amend the Statute Law of England and Ireland relating; to indictable Offences by Forgery. [6th August 1861] WHEREAS it is expedient to consolidate and amend the Statute Law of England and Ireland relating to indictable Offences by Forgery : 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 : As to forging Her Majesty's Seals :— 1 Forging the Great Seal, Privy Seal, &c. Whosoever shall forge or counterfeit, or shall utter, knowing the same to be forged or counterfeited, the Great Seal of the United Kingdom, Her Majesty's Privy Seal, any Privy Signet of Her Majesty, Her Majesty's Royal Sign Manual, any of Her Majesty's Seals appointed by the Twenty-fourth Article of the Union between England and Scotland to be kept, used, and continued in Scotland, the Great Seal of Ireland, or the Privy Seal of Ireland, or shall forge or counterfeit the Stamp or Impression of any of the Seals aforesaid, or shall utter any Document or Instrument whatsoever, having thereon or affixed thereto the Stamp or Impression of any such forged or counterfeited Seal, knowing the same to be the Stamp or Impression of such forged or counterfeited Seal, or any forged or counterfeited Stamp or Impression made or apparently intended to resemble the Stamp or Impression of any of the Seals aforesaid, knowing the same to be forged or counterfeited, or shall forge or alter, or utter knowing the same to be forged or altered, any Document or Instrument having any of the said Stamps or Impressions thereon or affixed thereto, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,—or to be imprisoned for any Term 2 Forgery Act 1861 (c.
    [Show full text]
  • Modernising English Criminal Legislation 1267-1970
    Public Administration Research; Vol. 6, No. 1; 2017 ISSN 1927-517x E-ISSN 1927-5188 Published by Canadian Center of Science and Education Modernising English Criminal Legislation 1267-1970 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: April 2, 2017 Accepted: April 19, 2017 Online Published: April 27, 2017 doi:10.5539/par.v6n1p53 URL: http://dx.doi.org/10.5539/par.v6n1p53 1. INTRODUCTION English criminal - and criminal procedure - legislation is in a parlous state. Presently, there are some 286 Acts covering criminal law and criminal procedure with the former comprising c.155 Acts. Therefore, it is unsurprising that Judge CJ, in his book, The Safest Shield (2015), described the current volume of criminal legislation as 'suffocating'. 1 If one considers all legislation extant from 1267 - 1925 (see Appendix A) a considerable quantity comprises criminal law and criminal procedure - most of which is (likely) obsolete.2 Given this, the purpose of this article is to look at criminal legislation in the period 1267-1970 as well as criminal procedure legislation in the period 1267-1925. Its conclusions are simple: (a) the Law Commission should review all criminal legislation pre-1890 as well as a few pieces thereafter (see Appendix B). It should also review (likely) obsolete common law crimes (see Appendix C); (b) at the same time, the Ministry of Justice (or Home Office) should consolidate all criminal legislation post-1890 into 4 Crime Acts.3 These should deal with: (a) Sex crimes; (b) Public order crimes; (c) Crimes against the person; (d) Property and financial crimes (see 7).
    [Show full text]