Great Seal (Offices) Act 1874

1874 CHAPTER 81 37 and 38 Vict

An Act to provide for the abolition of certain offices connected with the Great Seal, and to make better provision respecting the office of the Clerk of the Crown in Chancery.

[7th August 1874]

Commencement Information

I1 Act wholly in force at 1.9.1874 by s. 2 (now repealed).

1 Short title. U.K.

This Act may be cited as “The Great Seal (Offices) Act 1874.”

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 2 repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

3 Definition of terms. U.K.

In this Act—

The expression “the Lord Chancellor” means the Lord High Chancellor of Great Britain, or the Commissioners for executing the office of such Lord High Chancellor.

. . . . . . F2

Textual Amendments

F2 Definition of “Treasury” repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

4 Abolition of office of messenger of Great Seal and transfer of duties. U.K.

. . . . . . F3

All . . . F4 duties and powers required to be performed by or vested in the messenger or pursuivant of the Great Seal shall be performed by and vested in such officer as the Lord Chancellor may from time to time direct.

F5 . . .

Textual Amendments

F3 Paras. repealed by Statute Law Revision Act 1883 (c. 39) and Parliament (Elections and Meeting) Act 1943 (c. 48), Sch. 7 Pt. II

F4 Words repealed by Parliament (Elections and Meeting) Act 1943 (c. 48), Sch. 7 Pt. II

F5 Words in s. 4 repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

5 Power to abolish office of clerk of the petty bag and transfer of duties. U.K.

. . . F6 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 . . . F6 in such officer [F7 of the Senior Courts ] as may from time to time be directed by rules of court [F8 within the meaning given in the Interpretation Act 1978 ].

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 final.

. . . F6

Textual Amendments

F6 Words repealed by Statute Law Revision (No.2) Act 1893 (c. 54)

F7 Words in s. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 12(a); S.I. 2009/1604, art. 2(d)

F8 Words in s. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 12(b); S.I. 2009/1604, art. 2(d)

Modifications etc. (not altering text)

C1 S. 5 amended (E.W.) (01.01.1992) by S.I. 1991/2684, arts. 2, 4 and Sch.1.

6 Power to abolish office of clerk of the patents, and transfer the duties. U.K.

. . . F9 , all the duties and powers of the clerk of the patents 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.

Nothing in this section shall apply to the clerk of the Commissioners of Patents, so far as relates to letters patent under the M1 Patent Law Amendment Act 1852 and the Acts amending the same.

Textual Amendments

F9 Words repealed by Statute Law Revision Act 1883 (c. 39) and Statute Law Revision (No. 2) Act 1893 (c. 54)

Marginal Citations

M1 1852 c. 83.

F10 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F10 S. 7 repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

8 Duties and salary of clerk of the Crown. U.K.

It shall continue to be lawful for Her Majesty from time to time under Her Royal Sign Manual to appoint a fit person to fill the office of clerk of the Crown in Chancery.

The clerk of the Crown in Chancery shall continue to perform the duties of the office of keeper or clerk of the hanaper, . . . F11

There shall be paid to any person appointed . . . F12 to be clerk of the Crown in Chancery such salary as the Treasury may assign to him.

The salaries of the clerk of the Crown in Chancery, and of his officers, and the expenses of his office, shall be paid out of moneys provided by Parliament.

Textual Amendments

F11 Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. I

F12 Words repealed by Statute Law Revision (No.2) Act 1893 (c. 54)

9 Fees in office of clerk of the Crown, &c. U.K.

The Lord Chancellor, with the concurrence of the Treasury, may from time to time by order appoint the fees to be taken in the office of or by the clerk of the Crown in Chancery, or by any of his officers, or by any person performing the duties of messenger or pursuivant of the Great Seal, or gentleman of the chamber attending the Great Seal, or purse-bearer to the Lord Chancellor, or chaff wax sealer or deputy sealer, and may from time to time by order increase, reduce, add to, or abolish the fees for the time being taken in such office or by such officer . . . F13

No fees other than those so appointed shall be taken in the said office or by any of the above mentioned officers or persons.

F14 . . .

Textual Amendments

F13 Words repealed by Statute Law Revision Act 1883 (c. 39)

F14 Words in s. 9 repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 U.K.

Textual Amendments

F15 Ss. 10, 11 repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 U.K.

Textual Amendments

F16 S. 12, Sch. repealed by Statute Law Revision Act 1883 (c. 39)

F17 F17 SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 S. 12, Sch. repealed by Statute Law Revision Act 1883 (c. 39)