United Kingdom legislation
The Coroners Act 1887 (50 & 51 Vict. c. 71) was an act of the Parliament of the United Kingdom that consolidated for England and Wales enactments relating to coroners and repealed statutes from 1275 to 1882 which had ceased to be in force or had become necessary.
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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law. The commission made four reports.
An alternative approach, focusing on expunging obsolete laws from the statute book, followed by consolidation, was proposed by Peter Locke King MP, who was heavily critical of the expenditure of the Commission and the lack of results. This approach was taken by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64), considered to be the first Statute Law Revision Act.
On 17 February 1860, the attorney general, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.
| Year
passed |
Title | Citation | Effect |
|---|---|---|---|
| 1861 | Statute Law Revision Act 1861 | 24 & 25 Vict. c. 101 | Repealed or amended over 800 enactments |
| 1863 | Statute Law Revision Act 1863 | 26 & 27 Vict. c. 125 | Repealed or amended over 1,600 enactments for England and Wales |
| 1867 | Statute Law Revision Act 1867 | 30 & 31 Vict. c. 59 | Repealed or amended over 1,380 enactments |
| 1870 | Statute Law Revision Act 1870 | 33 & 34 Vict. c. 69 | Repealed or amended over 250 enactments |
| 1871 | Promissory Oaths Act 1871 | 34 & 35 Vict. c. 48 | Repealed or amended almost 200 enactments |
| 1871 | Statute Law Revision Act 1871 | 34 & 35 Vict. c. 116 | Repealed or amended over 1,060 enactments |
| 1872 | Statute Law Revision Act 1872 | 35 & 36 Vict. c. 63 | Repealed or amended almost 490 enactments |
| 1872 | Statute Law (Ireland) Revision Act 1872 | 35 & 36 Vict. c. 98 | Repealed or amended over 1,050 enactments |
| 1872 | Statute Law Revision Act 1872 (No. 2) | 35 & 36 Vict. c. 97 | Repealed or amended almost 260 enactments |
| 1873 | Statute Law Revision Act 1873 | 36 & 37 Vict. c. 91 | Repealed or amended 1,225 enactments |
| 1874 | Statute Law Revision Act 1874 | 37 & 38 Vict. c. 35 | Repealed or amended over 490 enactments |
| 1874 | Statute Law Revision Act 1874 (No. 2) | 37 & 38 Vict. c. 96 | Repealed or amended almost 470 enactments |
| 1875 | Statute Law Revision Act 1875 | 38 & 39 Vict. c. 66 | Repealed or amended over 1,400 enactments |
| 1876 | Statute Law Revision (Substituted Enactments) Act 1876 | 39 & 40 Vict. c. 20 | Updated references to repealed acts |
| 1878 | Statute Law Revision (Ireland) Act 1878 | 41 & 42 Vict. c. 57 | Repealed or amended over 460 enactments passed by the Parliament of Ireland |
| 1878 | Statute Law Revision Act 1878 | 41 & 42 Vict. c. 79 | Repealed or amended over 90 enactments. |
| 1879 | Statute Law Revision (Ireland) Act 1879 | 42 & 43 Vict. c. 24 | Repealed or amended over 460 enactments passed by the Parliament of Ireland |
| 1879 | Civil Procedure Acts Repeal Act 1879 | 42 & 43 Vict. c. 59 | Repealed or amended over 130 enactments |
| 1881 | Statute Law Revision and Civil Procedure Act 1881 | 44 & 45 Vict. c. 59 | Repealed or amended or amended almost 100 enactments relating to civil procedure. |
| 1883 | Statute Law Revision Act 1883 | 46 & 47 Vict. c. 39 | Repealed or amended over 475 enactments |
| 1883 | Statute Law Revision and Civil Procedure Act 1883 | 46 & 47 Vict. c. 49 | Repealed or amended over 475 enactments |
| 1887 | Statute Law Revision Act 1887 | 50 & 51 Vict. c. 59 | Repealed or amended over 200 enactments |
| 1887 | Sheriffs Act 1887 | 50 & 51 Vict. c. 55 | Repealed or amended almost 75 enactments related to sheriffs |
Passage
The Coroners Bill had its first reading in the House of Lords on 19 July 1887, introduced by the Lord Chancellor, Hardinge Giffard, 1st Baron Halsbury. The bill had its second reading in the House of Lords on 21 July 1887 and was committed to a Committee of the Whole House, which met on 4 August and reported on 5 August 1887, with amendments. The amended Bill had its third reading in the House of Lords on 8 August 1887 and passed, without amendments.
The bill had its first reading in the House of Commons on 15 August 1887. The bill had its second reading in the House of Commons on 10 September 1887, introduced by the attorney general, Richard Webster MP. During debate, the bill was criticised for appearing late in the session, and for containing no provision for the fining of Coroners for neglect of duty. The bill was committed to a Committee of the Whole House, which was delayed several times, receiving criticism from MPs. The Committee which met and reported on 13 September 1887, with amendments. The bill had its third reading in the House of Commons on 13 September 1887 and passed, with amendments.
The amended bill was considered and agreed to by the House of Lords on 13 September 1887.
The bill was granted royal assent on 16 September 1887.
Legacy
Part of section 45 and the third schedule to the act were repealed by the Statute Law Revision Act 1908 (8 Edw. 7. c. 49).
Repealed acts
Section 45 of the act repealed 33 enactments, listed in the third schedule to the act.
Section 45 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters, including:
- The continuation in office of coroners elected before the act's passing
- The preservation of existing fee schedules and allowances until new ones were made
- The protection of past operations of any repealed enactments
- The preservation of rights, privileges, obligations, or liabilities acquired or incurred under repealed enactments
- The continuation of penalties and punishments for offenses committed against repealed enactments
- The ability to continue any inquests, investigations, or legal proceedings that began before the act
- The preservation of existing jurisdictions, offices, customs, and practices that were in force at the time of passing
| Citation | Short title | Title | Extent of repeal |
|---|---|---|---|
| 3 Edw. 1. c. 9 | Pursuit of felons | The statutes of Westminster the first. Chapter nine; pursuit of felons. Punishment for neglect or corruption in officers. | The whole chapter, so far as relates to coroners. |
| 3 Edw. 1. c. 10 | Coroners | The statutes of Westminster the first. Chapter ten, who shall be chosen coroners. Their duty. | The whole chapter. |
| 4 Edw. 1 | Officium Coronatoris | The office of the coroner. | The whole statute. |
| 12 Edw. 1. c. 5 | Statuta Wallie | The statutes of Wales. Chapter five; of the office of coroner, that is to say, of the pleas of the Crown in Wales. | The whole chapter. |
| 12 Edw. 1. c. 6 | Statuta Wallie | The statutes of Wales. Chapter six; the form of the King's writs to be pleaded in Wales. | So much of the chapter as relates to the form of the writ for choosing a coroner. |
| 28 Edw. 1. Articuli super Cartas c. 3 | Inquests within Verge, etc. Act 1300 | Articles upon the charter. Chapter three; of what things only the steward and marshal of the King's House shall hold pleas. What coroners shall inquire of the death of a man slain within the verge. | The whole chapter. |
| 1 Edw. 3. stat. 2. c. 17 | Indictments | Statutes made at Westminster. Statute the first. Indictments shall be taken by Indenture. | The whole chapter so far as it relates to coroners. |
| 14 Edw. 3. stat. 1. c. 8 | Escheators and coroners | Statute the first. Chapter eight; coroners; their number, appointment, and office. Coroners; their sufficiency. | The whole chapter. |
| 28 Edw. 3. c. 6 | Election of Coroners Act 1354 | Coroners shall be chosen by the commons of the counties. | The whole chapter. |
| 23 Hen. 6. c. 9 | Sheriffs and Bailiffs, Fees, etc. Act 1444 | No sheriff shall let his county to ferm. | The whole chapter, so far as it relates to coroners. |
| 3 Hen. 7. c. 2 | Recognizances Act 1487 | An Acte agaynst murderers. | The whole Act, except from "And also be yt ordyned by the authority aforesaid," to the end of the chapter. |
| 1 Hen. 8. c. 7 | Coroners Act 1509 | An Acte concerning coroners. | The whole Act. |
| 33 Hen. 8. c. 12 | Offences within the Court Act 1541 | An Acte for murther and malicious bloodshed within the Courte. | Section one from "And that all inquiricions upon the viewe of psons slayne," down to the end of the section, section eight, section nine, section ten from "or within two hundred" to the end of the section, and section eleven. |
| 34 & 35 Hen. 8. c. 26 | Laws in Wales Act 1542 | An Acte for certaine ordinaunces in the Kinges Majesties dominion and principalitie of Wales. | Section twenty-five. |
| 25 Geo. 2. c. 29 | Coroners Act 1751 | An Act for giving a proper reward to coroners for the due execution of their office, and for the removal of coroners upon a lawful conviction for certain misdemeanors. | So much as is unrepealed. |
| 6 Geo. 4. c. 50 | Juries Act 1825 | An Act for consolidating and amending the laws relative to jurors and juries. | Section fifty-three, so far as relates to a coroner upon an inquest. |
| 7 Geo. 4. c. 64 | Criminal Law Act 1826 | An Act for improving the administration of criminal justice in England. | Section four and so much of sections five and six as relates to coroners. |
| 6 & 7 Will. 4. c. 87 | Liberties Act 1836 | An Act for extinguishing the secular jurisdiction of the Archbishop of York and the Bishop of Ely in certain liberties in the counties of York, Nottingham, and Cambridge. | Section ten from "and that the present coroner" to the end of the section, and section sixteen. |
| 6 & 7 Will. 4. c. 89 | Coroners (Ireland) Act 1836 | An Act to provide for the attendance and remuneration of medical witnesses at coroners inquests. | The whole Act, except so far as it relates to Ireland. |
| 7 Will. 4 and 1 Vict. c. 64 | County of Durham Coroners Act 1837 | An Act for regulating the coroners of the county of Durham. | The whole Act. |
| 7 Will. 4 and 1 Vict. c. 68 | Coroners' Inquests Expenses Act 1837 | An Act to provide for payment of the expenses of holding coroners inquests. | The whole Act. |
| 6 & 7 Vict. c. 12 | Coroners Act 1843 | An Act for the more convenient holding of coroners inquests. | The whole Act, so far as relates to England. |
| 6 & 7 Vict. c. 83 | Coroners (No. 2) Act 1843 | An Act to amend the law respecting the duties of coroners. | The whole Act. |
| 7 & 8 Vict. c. 92 | Coroners Act 1844 | An Act to amend the law respecting the office of county coroner. | Sections eight to eighteen, sections twenty-two to twenty-six, and section thirty. |
| 22 Vict. c. 33 | Coroners' Inquests, Bail Act 1859 | An Act to enable coroners in England to admit to bail persons charged with manslaughter. | The whole Act. |
| 22 & 23 Vict. c. 21 | Queen's Remembrancer Act 1859 | An Act to regulate the office of Queen's Remembrancer, and to amend the practice and procedure on the revenue side of the Court of Exchequer. | Section forty. |
| 23 & 24 Vict. c. 116 | County Coroners Act 1860 | An Act to amend the law relating to the election, duties, and payment of county coroners. | Section one to section six, section seven from "hereby repealed and," and section nine. |
| 29 & 30 Vict. c. 90 | Sanitary Act 1866 | The Sanitary Act, 1866. | Section twenty-eight from "and where any such place has been provided" to the end of the section, so far as it relates to any part of England. |
| 31 & 32 Vict. c. 24 | Capital Punishment Amendment Act 1868 | The Capital Punishment Amendment Act, 1868. | Section five from "no officer of the prison" to the end of the section. |
| 37 & 38 Vict. c. 88 | Births and Deaths Registration Act 1874 | The Births and Deaths Registration Act, 1874. | In section sixteen the words "the jury shall require of the particulars required to be registered concerning the death and," section seventeen from the first "upon holding an inquest" to "registry of the death and," and from "and except on holding an inquest" down to "shall be given by the coroner." |
| 38 & 39 Vict. c. 55 | Public Health Act 1875 | The Public Health Act, 1875. | Section one hundred and forty-three from "and where any such place has been provided" to the end of the section. |
| 40 & 41 Vict. c. 21 | Prison Act 1877 | The Prison Act, 1877. | Section forty-four. |
| 45 & 46 Vict. c. 50 | Municipal Corporations Act 1882 | The Municipal Corporations Act, 1882. | Section one hundred and seventy-one from "and thereafter" down to "office of coroner," section one hundred and seventy-three, section one hundred and seventy-four. |
See also
Notes
- Section 1.
- Section 2.
- The Acts of Parliament (Commencement) Act 1793.
- This act was already repealed by the Sheriffs Act 1887 (50 & 51 Vict. c. 55)
References
- Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
- ^ Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. pp. 43–76. Retrieved 9 September 2024.
This article incorporates text from this source, which is in the public domain.
- Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
- "Supply—Miscellaneous Estimates". Parliamentary Debates (Hansard). Vol. 142. Parliament of the United Kingdom: House of Commons. 2 June 1856. col. 865–880.
- ^ Parliament, Great Britain (1887). Journals of the House of Lords. Vol. 119. pp. 348, 354, 372, 387–38, 392, 398, 451, 455, 499.
- ^ Commons, Great Britain House of (1887). The Journals of the House of Commons (PDF). Vol. 142. pp. 446, 468, 481, 490, 494, 501, 503, 507, 510, 514, 517, 525, 529, 536, 541, 546, 547, 550. Retrieved 29 October 2024.
- ^ "Coroners Bill Lords—Bill 378". Parliamentary Debates (Hansard). Vol. 321. Parliament of the United Kingdom: House of Commons. 10 September 1887. col. 214–215.
- "Sheriffs (Consolidation) Bill Lords". Parliamentary Debates (Hansard). Vol. 317. Parliament of the United Kingdom: House of Lords. 21 July 1887. col. 1739.
- "Revision Of The Statutes—The Sheriffs' (Consolidation) Bill And The Coroners' Elections Bill". Parliamentary Debates (Hansard). Vol. 319. Parliament of the United Kingdom: House of Commons. 23 August 1887. col. 1535.
- ^ Council of Law Reporting (1887). The Law Reports The Public General Statutes vol 24, 1887. pp. 348–369.