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The Pamphlet Collection of Sir Robert Stout: Volume 88
Introduction. — Appendix. B
Introduction.
Appendix. B.
The Draft of a Bill.
Suggested for the Specific Repeal, in one Act, of all the Acts Contained in the: Foregoing Tables E, F, G and H, together with all Obsolete Sections of the Acts in the Previous Tables B, C, AND D.
A Bill Intituled
An Act for promoting the Revision of the Statute Law, by repealing certain Enactments which have ceased to be in force or have become unnecessary.
Whereas, with a view to the revision of the Statute Law, and particularly to the preparation of a Revised Edition of the Statutes, it is expedient that certain enactments (mentioned among others in the first Schedule to this Act) which may be regarded as spent, or have ceased to be in force otherwise than by express and specific repeal by Parliament, or have, by lapse of time and change of circumstances, become unnecessary, should be expressly and specifically repealed : And whereas it would result in great public convenience if all enactments heretofore specifically repealed, were included in the repeals in the same Schedule, in order to preclude henceforth the necessity of looking back to previous Acts* :
| 1. | The Short Title of this Act shall be the Repeals Act, 1877. |
| 2. |
The enactments of the Imperial Parliament, described in the first part of the First Schedule to this Act shall henceforth, and subject to the exceptions and qualifications in the said Schedule mentioned, cease to operate or be of any force in the Colony; and, subject as aforesaid, the enactments of the Legislature of New Zealand described in the second part of the said First Schedule are hereby repealed. Provided that where any enactment not comprised in the Schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act: And the repeal by this Act of any enactment shall not affect any enactment in which such enactment has been applied, incorporated, or referred to; Nor shall such repeal of any enactment affect any right to any of Her Majesty's revenues of the Crown, or affect any charges thereupon, or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto : and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,—or any existing status or capacity, —or any right or title already acquired or accrued, or any remedy or proceeding in respect thereof,—or any release or discharge of or from any debt, penalty, claim, or demand,—or any indemnity,—or the proof of any past act or thing; Nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form, or course of pleading;, practice, or procedure, or existing usage franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, or emolument, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed; For precedent see Fifth Schedule to 37 and 38 Vict., c. 88. page break
Nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee payment, franchise, liberty, custom, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter or thing not now existing or in force; |
| 3. | Notwithstanding the repeal of any enactment by this Act, every power and act which may be necessary to complete, carry out, or compel the performance of any subsisting contract or agreement which may have been lawfully made, entered into or commenced under such enactment, may be exercised and performed in all respects as if the said enactment continued in force; and all offences committed, or penalties or forfeitures incurred, before such repeal, may be prosecuted, punished, and enforced as if such enactment had not been repealed. |
| 4. | So much of the several Acts as is set forth in the Second Schedule to this Act shall be re-enacted in manner therein appearing, and shall be in force as if this Act had not passed. |