Great Seal Offices Act 1874

5 Power to abolish office of clerk of the petty bag, and transfer of duties

At any time after the commencement of this Act the Treasury may, with the concurrence of the Lord Chancellor and of the Master of the Rolls, abolish the office of clerk of the petty bag notwithstanding that there is no vacancy in the office.

Upon the abolition of the office of clerk of the petty bag, all the duties and powers of the cursitors of the Court of Chancery, and all the duties and powers of the clerk of the petty bag with respect to solicitors, the administering of oaths, the attending with records, the enrolment of documents, the sealing and issuing of documents or writs with or under the Chancery common law seal, and other matters relating to the administration of justice (but excluding any writs or letters patent passed under the Great Seal of the United Kingdom), shall be performed by or vested in such officer of the Court of Chancery as the Lord Chancellor may from time to time direct, or after the commencement of the Supreme Court of Judicature Act, 1873, in such officer of the Supreme Court of Judicature in England as may from time to time be directed by rules of court under the Supreme Court of Judicature Act, 1873, and any Act amending the same.

After the commencement of this Act all the duties and powers other than those above mentioned in this section of the clerk of the petty bag, including all duties and powers relating to any writs or letters patent passed under the Great Seal of the United Kingdom, shall be performed by and vested in the clerk of the Crown in Chancery or his officers in such manner as the Lord Chancellor may from time to time direct.

If any doubt arise as to whether any duty or power of the clerk of the petty bag is or is not transferred to the clerk of the Crown in Chancery, such doubt shall be determined by the Lord Chancellor, whose decision shall be

The clerk of the petty bag shall, except so far as regards the duties and powers transferred by this Act to the clerk of the Crown in Chancery, be deemed to be an officer attached to the Court of Chancery, within the meaning of section seventy-seven of the Supreme Court of Judicature Act, 1873, and the powers and provisions contained in this Act shall be deemed to be in addition to and not in derogation of the powers and provisions contained in that section.