View source for Acts of Parliament (Commencement) Act (Ireland) 1795

{{Short description|Act of the Parliament of Ireland}}
{{Use dmy dates|date=October 2024}}
{{Use British English|date=October 2024}}
{{Infobox UK legislation
| short_title         = Acts of Parliament (Commencement) Act (Ireland) 1795
| type                = Act
| parliament          = Parliament of Ireland
| long_title          = An Act that Acts of Parliament shall commence from the Time of the Royal Assent given.
| year                = 1795
| citation            = [[List of acts of the Parliament of Ireland, 1791–1800#35 Geo.3|35 Geo. 3]]. c. 12 (I)
| introduced_by       =
|introduced_commons=[[Arthur Wolfe, 1st Viscount Kilwarden|Arthur Wolfe]]| territorial_extent  = [[Ireland]]
| royal_assent        = 24 March 1795
| commencement        = 24 March 1795
| repeal_date         =
| related_legislation = [[Acts of Parliament (Commencement) Act 1793]]
| repealing_legislation ={{ubli|[[Statute Law Revision (Northern Ireland) Act 1973]] (Northern Ireland)|[[Statute Law Revision Act 2007]] ([[Republic of Ireland]])}}
| status              = Repealed
| original_text       =https://books.google.co.uk/books?id=MXBBAAAAYAAJ&pg=PA76#v=onepage&q&f=false
| legislation_history =
| revised_text        =
}}
The '''Acts of Parliament (Commencement) Act (Ireland) 1795''' or the '''Pre-Union Irish Statutes (Commencement) Act 1795'''<ref>The citation of this Act by this [[short title]] is authorised for the Republic of Ireland by [http://www.irishstatutebook.ie/1962/en/act/pub/0005/sec0001.html section 1(1)] of, and [http://www.irishstatutebook.ie/1962/en/act/pub/0005/sched1.html Schedule 1] to the [[Short Titles Act 1962]]. The comma is omitted on the authority of section 14(3)(a) of the [[Interpretation Act 2005]].</ref> ([[List of acts of the Parliament of Ireland, 1791–1800#35 Geo. 3|35 Geo. 3]]. c. 12 (I)) was an [[Act of Parliament (United Kingdom)|act]] of the [[Parliament of Ireland]] which required that the [[clerk of the Parliaments]] endorse every [[Act of Parliament (United Kingdom)|act of Parliament]] passed after 8 April 1793 with the date on which the act passed and the date on which the same received [[royal assent]] and that the date is part of the act. Unless otherwise specified, acts would [[come into force]] on the date of royal assent (and not the first day of the session in which they were passed).
== Background ==
Before the passing of this act, most [[Act of Parliament (United Kingdom)|acts of Parliament]] were ''[[Ex post facto law|ex post facto laws]]'', meaning that they were deemed to have come into force on the first day of the [[Parliamentary session|session]] in which they were passed, because of the [[legal fiction]] that a session lasted one day.<ref>''Partridge v. Strange and Croker'' (1553) 1 Plowd. 77</ref> This meant that all acts had come into force [[wiktionary:retroactively|retroactively]], some as much as a year before they were actually passed.
For this reason, and also because the [[House of Commons of the United Kingdom|House of Commons]] had a rule by which decisions of the whole house could not be reversed in the same session,<ref>{{Cite book |url=https://erskinemay.parliament.uk/section/4748/matters-already-decided-during-the-same-session |title=Erskine May: Parliamentary Practice |year=2019 |edition=25th |access-date=29 October 2024}}</ref> most [[Act of Parliament (United Kingdom)|acts of Parliament]] would included a clause providing that "This Act may be amended or repealed in the present session of Parliament".<ref name=":3">{{Cite journal |last=Hutton |first=Sir Noel |year=1979 |title=The British Interpretation Act |url=https://scholarship.law.nd.edu/jleg/vol6/iss1/2/ |journal=Journal of Legislation |volume=6 |issue=1 |pages=15–23 |access-date=29 October 2024}}</ref>
In 1793, the [[Acts of Parliament (Commencement) Act 1793]] ([[33 Geo. 3]]. c. 13) was passed, which acknowledged in the preamble to the act this to be a "great and manifest injustice"[cite act], as individuals were bound by laws that didn't exist when they took certain actions.<ref name=":02">{{Cite book |last=Ireland |url=https://books.google.com/books?id=MXBBAAAAYAAJ&pg=PA76 |title=Statutes Passed in the Parliaments Held in Ireland ...: From the Third Year of Edward the Second, A.D. 1310 [to the Fortieth Year of George III A.D. 1800, Inclusive]. |date=1799 |publisher=G. Grierson, printer to the King's Most Excellent Majesty |volume=10 |pages=76 |language=en}}</ref>
== Passage ==
The Bill was brought in to the [[Irish House of Commons|House of Commons]] by the [[Attorney-General for Ireland|Attorney-General]], [[Arthur Wolfe, 1st Viscount Kilwarden|Arthur Wolfe]] on 19 February 1795 and has its [[first reading]] in the [[Irish House of Commons|House of Commons]] on 19 February 1795, presented by [[Arthur Wolfe, 1st Viscount Kilwarden|Arthur Wolfe]].<ref name=":0">{{Cite web |title=Irish Legislation Database : Display Record |url=https://www.qub.ac.uk/ild/?func=advanced_search&search=true&bill_number=0094 |access-date=2024-10-31 |website=www.qub.ac.uk}}</ref> The Bill had its [[second reading]] in the [[Irish House of Commons|House of Commons]] on 20 February 1795 and was committed to a [[Committee of the Whole House (United Kingdom)|Committee of the Whole House]], which met and reported on 21 February 1795, without amendments.<ref name=":0" /> The Bill was sent to the [[Irish House of Lords|House of Lords]] on 26 February 1795 and the [[Chief governor of Ireland|Chief Governor]] on 4 March 1795.<ref name=":0" />
The Bill was received and referred to law officers of the Privy Council on 14 March 1795 and engrossed on 15 March 1795.<ref name=":0" />
The Bill was granted [[royal assent]] on 24 March 1795.<ref name=":0" />
== Provisions ==
The act provided that, for all acts passed after the [[royal assent]] of the act, the [[Clerk of the Parliaments]] must endorse any act which passes with the date ("the day, month and year") on which that act passed and received royal assent. The act provided that the date must be written, in [[English language|English]], immediately after the [[Long title|title]] of that act, and that that endorsement is part of the endorsed act.<ref name=":02"/>
The act provided that such date was when the act would [[Coming into force|come into force]] unless the relevant act specified some other date instead of the first day of the session in which they were passed.
== Legacy ==
The act became spent when the [[Parliament of Ireland|Irish Parliament]] ceased to exist with the creation of the [[United Kingdom]].
This act was repealed for [[Northern Ireland]] by section 1 of, and Part II of the Schedule to, the [[Statute Law Revision (Northern Ireland) Act 1973]].
This act was repealed for the [[Republic of Ireland]] by sections [http://www.irishstatutebook.ie/2007/en/act/pub/0028/sec0002.html 2(1)] and [http://www.irishstatutebook.ie/2007/en/act/pub/0028/sec0003.html 3(1)] of, and Part 1 of [http://www.irishstatutebook.ie/2007/en/act/pub/0028/sched2.html Schedule 2] to, the [[Statute Law Revision Act 2007]].
== External links ==
*[http://www.irishstatutebook.ie/isbc/pui1795.html List of amendments and repeals in the Republic of Ireland] from the [[Irish Statute Book]].
== See also ==
*[[Ex post facto law]]
*[[Coming into force]]
*[[Interpretation Act]]
*[[Statute Law Revision Act]]
== Notes ==
{{Notelist}}
== References ==
{{Reflist}}
{{UK legislation}}
{{Authority control}}
[[Category:Acts of the Parliament of Ireland (pre-1801)]]
[[Category:1795 in law]]
[[Category:1795 in Ireland]]
[[Category:Ex post facto law]]