Statute Law Repeals - Law Commission - Ministry of Justice

2.42 Consequently the 1551 and 1809 Acts have ceased to serve any modern practical
purpose and may be repealed on that basis. The repeal of the 1809 Act would
permit the consequential repeal of two other statutory provisions, both of which
related to section 6 of that Act. 58
STATUTES WHICH ARE NOT RECOMMENDED FOR REPEAL
Statute of Marlborough 1267
2.43 As indicated earlier in this Part we looked at the topics of distress and waste in
the context of the Statute of Marlborough 1267 but, as explained, formed the view
that it would be premature to pursue repeal of the distress chapters, pending
enactment by parliament of amendments to the Tribunals, Courts and
Enforcement Act 2007 following the UK government’s consultation on
transforming bailiff action, and that it would be inappropriate to repeal the chapter
on waste.
Justices of the Peace Act 1361
2.44 Justices of the Peace started life as custodians of the peace in each county in the
reign of King Edward III (1327-77). From 1328 onwards they were given powers
to punish offenders, and by the Justices of the Peace Act 1361 59 they were
empowered to pursue, arrest and restrain offenders, rioters and others who were
suspected of crime or causing discord, to punish them “according to the law and
the customs of the realm”, and to take “sufficient surety and mainprise” from
wrongdoers to secure good behaviour towards the King and his people - in other
words, to bind over to keep the peace. 60
2.45 The 1361 Act was supplemented by the Magistrates’ Courts (Appeals from
Binding Over Orders) Act 1956 61 which provided a right of appeal against binding
over orders to quarter sessions (now the Crown Court). The Act referred to
orders requiring individuals to enter into recognisances to be of good behaviour.
58 Article 41(a) of the Government of Ireland (Adaptation of Enactments) (No 3) Order 1922
(which amended section 6 so as to substitute ‘Belfast’ for ‘Dublin’ as the place in Ireland
where court actions arising under section 6 may be brought); the Schedule to the Common
Informers Act 1951 (c.39) (which abolished the common informer procedure) in so far as it
identifies section 6 of the 1809 Act as a provision permitting proceedings for a penalty or
forfeiture to be sued for by a common informer.
59 34 Edw.3 c.1 (1361), entitled “What Sort of Persons shall be Justices of Peace; and what
Authority they shall have”. The 1361 Act extended to England, Wales and Ireland (now
only Northern Ireland). It did not extend to Scotland. In Northern Ireland the 1361 Act has
since been duplicated by the Judicature (Northern Ireland) Act 1978, s 103A and the
Magistrates’ Court (Northern Ireland) Order 1981, art 27.
60 In 1948 and 1967 parts of the 1361 Act were repealed.
61 1956 (c.44).
113