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The Repeal of Obsolete Statutes Act 1856 [1] [2] (19 & 20 Vict. c. 64), also known as the Statute Law Revision Act 1856, [3] was an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1285 to 1777 which had ceased to be in force or had become necessary.
The doctrine exists in Scotland, being of the civil law tradition, where it can operate as a rare form of repeal. In Scotland, non-use is not the same as desuetude. Disuse must be accompanied by other identifiable provisions that would make the enforcement of the statute inconsistent: neglect over such a period of time that it would appear that a contrary custom had developed; and that a ...
This led to the passing of the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64), described by Halsbury's Laws, [26] and Courtenay Ilbert, [2] as the first act for statute law revision (in the sense of repealing enactments which are obsolete, spent, unnecessary or superseded, or which no longer serve a useful purpose).
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Although it is still deemed too difficult a task to attempt to embody, in the more tangible form of writing, the floating rules of the unwritten law, we are called upon by the high authority of the Crown to devise means for reducing into shape and order the heterogeneous mass of written laws which now swell and encumber our Statute Book."
The statute is so named as it was passed at Marlborough in Wiltshire, where a Parliament was being held.The preamble dates it as "the two and fiftieth year of the reign of King Henry, son of King John, in the utas of Saint Martin", [1] which would give a date of 18 November 1267; "utas" is an archaic term to denote the eighth day (in inclusive counting, so seventh day in normal English usage ...
Many jurisdictions prohibit ex post facto laws, and grandfather clauses can be used to prevent a law from having retroactive effects. For example: In the UK, the offence of indecent assault is still charged in respect of crimes committed before the offence was abolished and replaced with sexual assault (among others) by the Sexual Offences Act ...
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