Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Historical Crown Office Rules Subject The topic of the resource Crown Office Description An account of the resource Historical rules regarding the preparation of Letters Patent and similar instruments. Order of Council Unlike Orders in Council, which are made by the Monarch at a meeting of the Privy Council, Orders of Council are made by committees of Privy Counsellors. Transcript A transcript of the document. <p class="whitespace-normal break-words" style="text-align:center;">RULES, DATED FEBRUARY 22, 1878, MADE BY THE COMMITTEE OF COUNCIL IN PURSUANCE OF THE FIFTH SECTION OF THE CROWN OFFICE ACT, 1877.</p> <p class="whitespace-normal break-words">Whereas, by an Act passed in the 41st year of Her Majesty's reign, intituled "An Act for making provision with respect "to the preparation and authentication of Commissions and "other Documents issued from the Office of the Clerk of the "Crown in Chancery, and for other purposes," it is enacted as follows:—</p> <p class="whitespace-normal break-words">A Committee of Her Majesty's Most Honourable Privy Council, consisting of the Lord Chancellor of Great Britain for the time being, the Lord Privy Seal for the time being, and one of Her Majesty's Principal Secretaries of State (in the said Act referred to as the Committee of Council), acting in case of difference according to the opinion of any two of them, may from time to time direct impressions with the same device as the Great Seal and of the Privy Seal to be taken in such manner and of such size or sizes as they may from time to time prescribe, on embossed paper, wax, wafer, or any other material; and any such impressions (in the said Act respectively called a "Wafer Great Seal" and a "Wafer Privy Seal") shall be in the same custody as the seals of which they are impressions, and when attached to or embossed on any document required to be or usually authenticated by or passed under the Great Seal or Privy Seal, shall confer on that document the same validity in all respects as if the document itself had been authenticated by or passed under the Great Seal or Privy Seal;<br /><br /></p> <p class="whitespace-normal break-words">The Committee of Council aforesaid, acting in case of difference according to the opinion of any two of them, may by order make and (when made) from time to time revoke, add to, or alter rules:—</p> <p class="whitespace-normal break-words">(1.) Providing for a record to be kept at the Crown Office of all justices of the peace appointed in pursuance of any commission of the peace issued by Her Majesty, and for the rectification of such record from time to time; and</p> <p class="whitespace-normal break-words">(2.) Prescribing the documents to which the Wafer Great Seal and the Wafer Privy Seal respectively are to be attached; and</p> <p class="whitespace-normal break-words">(3.) Prescribing the mode in which documents to which this Act applies are to be prepared, whether printed or written, or partly printed and partly written, and whether to be printed or written on paper, parchment, or any other fitting material: Provided that—</p> <p class="whitespace-normal break-words">(<em>a.</em>) It shall not be necessary to the validity of any document to or on which a Wafer Great Seal or a Wafer Privy Seal is attached or embossed, to prove that the attachment or embossing of such wafer seals respectively was authorised, and no evidence to the contrary shall be received; and</p> <p class="whitespace-normal break-words">(<em>b.</em>) Engrossing may in all cases be dispensed with, and, so far as seems to the Committee of Council convenient, printing shall be adopted in place of writing.</p> <p class="whitespace-normal break-words">Any rule purporting to be made in pursuance of this section shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not then sitting, within one month after the commencement of the then next Session of Parliament, and shall be judicially noticed, and shall be of the same validity as if it had been enacted by Parliament.</p> <p class="whitespace-normal break-words">Now, therefore, in pursuance of the said Act, We, the undersigned, the Right Honourable Hugh McCulmont, Lord Cairns, Lord Chancellor of Great Britain; the Most Noble Algernon Percy, Duke of Northumberland, Lord Privy Seal; and the Right Honourable Richard Assheton Cross, one of Her Majesty's Principal Secretaries of State, as a Committee of Her Majesty's Most Honourable Privy Council, under the said Act, do hereby make the Rules following, for the purposes aforesaid:—</p> <p class="whitespace-normal break-words" style="text-align:center;">Rule 1.</p> <p class="whitespace-normal break-words">The following documents shall have the Wafer Great Seal attached to or embossed on them, viz.:—</p> <p class="whitespace-pre-wrap break-words">Royal Proclamations.<br />Royal Assent Commissions.<br />Writs of Summons to peers.<br />Writs of Attendance to Judges and Her Majesty's Attorney and Solicitor-General.<br />Writs for the election of Members to serve in Parliament.<br />Writs of Convocation.<br />Commissions of the Peace; and<br />Letters patent for inventions.</p> <p class="whitespace-normal break-words">Provided always, that if any particular case or cases it shall be found more convenient to pass any of such documents under the Great Seal in the manner hitherto accustomed, the Lord Chancellor may direct the same to be done accordingly.</p> <p class="whitespace-normal break-words" style="text-align:center;">Rule 2.</p> <p class="whitespace-normal break-words">All commissions of the peace shall be printed on parchment, with blanks to be filled up in writing:—</p> <p class="whitespace-normal break-words">The names of the justices shall be placed in a schedule, with space for the names of justices appointed after the issue of such commission. Clerks of the peace and town clerks are required to send to the Crown Office, in the month of January every year a statement of magistrates who have qualified, and (so far as they know) of magistrates who have died during the preceding year.</p> <p class="whitespace-normal break-words" style="text-align:center;">Rule 3.</p> <p class="whitespace-normal break-words">A record shall be kept at the Crown Office of all justices of the peace appointed under any commission of the peace hereafter issued by Her Majesty; and all keepers of the rolls of counties, and chief officers of liberties, and of corporations having a commission of the peace, shall be requested to send in their present commissions of the peace, in order that new commissions in the more simple and convenient form may be issued.</p> <p class="whitespace-normal break-words" style="text-align:center;">Rule 4.</p> <p class="whitespace-normal break-words">The Royal Assent commissions shall be printed on parchment or paper. The titles or short titles of the Acts shall be written in round hand in a schedule.</p> <p class="whitespace-normal break-words" style="text-align:center;">Rule 5.</p> <p class="whitespace-normal break-words">Letters patent for inventions;</p> <p class="whitespace-normal break-words">Writs of Summons to peers;</p> <p class="whitespace-normal break-words">Writs of Attendance to Judges; and</p> <p class="whitespace-normal break-words">Writs for the election of Members of Parliament;</p> <p class="whitespace-normal break-words">shall be printed on parchment, with blanks to be filled up in writing.</p> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words" style="text-align:center;">Rule 6.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words">Warrants to be signed by Her Majesty for the appointment of keepers of the rolls of the peace, judges, law officers, and Queen's Counsel, shall be printed on paper, with blanks to be filled up in writing, and the direction for their immediately passing the Great Seal shall be printed on the face of the document.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words" style="text-align:center;">Rule 7.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words">All patents, commissions, warrants, and writs, which cannot conveniently be printed, shall be written in round hand.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words" style="text-align:center;">Rule 8.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words">The name of the clerk of the Crown, subscribed or printed at the end of all documents, shall be sufficient authentication of their having passed through the Crown Office.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words" style="text-align:center;">Rule 9.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words">These Rules shall come into operation on the 1st day of March, 1878.</p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words" style="text-align:right;"><em>Cairns,</em> C. <br /><em>Northumberland.</em> <br /><em>Rich. Assheton Cross.</em></p> </div> </div> <div> <div class="grid-cols-1 grid gap-2.5 [&amp;_&gt;_*]:min-w-0"> <p class="whitespace-normal break-words">22nd February, 1878.</p> </div> </div> Ornamentation Describe any ornamentation. This document was published in a collection of secondary legislation so its formatting may not reflect the original. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Order of Council - Preparation and Authentication of Documents [1878-02-22] Subject The topic of the resource Crown Office Privy Council Description An account of the resource Order of a Committee of the Privy Council making rules for the preparation and authentication of Crown Office documents. Creator An entity primarily responsible for making the resource Committee of Council Source A related resource from which the described resource is derived <em>The Statutory Rules and Orders Revised</em><span>, vol. 2 (London, 1904), 14-17.</span> Date A point or period of time associated with an event in the lifecycle of the resource 1878-02-22 Contributor An entity responsible for making contributions to the resource Jason Loch Relation A related resource Revoked by <a href="https://www.legislation.gov.uk/uksi/1988/1162/contents/made">The Crown Office (Preparation and Authentication of Documents Rules) Order 1988</a>.<br /> <br /><br /><a href="https://www.legislation.gov.uk/ukpga/Vict/40-41/41/section/3">The Crown Office Act 1877</a> Crown Office Great Seal Privy Council Procedure Statutory Power