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Court of Session (No. 2) Act 1838

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This is the original version (as it was originally enacted).

XVIIIExtractors.

And be it enacted, That instead of the Duty of extracting the Acts and Decrees of the Court of Session being performed by Four Extractors and Eight Ingrossing Clerks, nominated by the Principal Clerks of Session during Pleasure, the Duty of preparing and superintending the Preparation of Extracts shall be intrusted to One Principal Extractor, to be appointed by Her Majesty, Her Heirs and Successors, and such Principal Extractor shall not practise before the Court of Session, or hold any official Situation in the said Court other than in Terms of this Act, and shall attend in and perform the Duties of the Office in Person, with the Aid of One Assistant nominated by him and holding an Appointment at Pleasure under him, and for whom he is to be responsible, and who, in" the event of Absence from necessary Cause of such Principal Extractor, shall be empowered to subscribe and authenticate the Extracts ; and in preparing Extracts, and Record Copies thereof, printed Forms, in manner or to the Effect required by the said Act of the Fiftieth Year of His Majesty King George the Third, shall be used, the Blanks in such Forms being filled up in Writing; and such Principal Extractor shall from Time to Time employ such Ingrossing Clerks as he shall think necessary for the Performance of the Business of the Office : Provided always, that in any new Appointments to be made under this Act a Preference shall be given to Persons removed from any Office under this Act who may be duly qualified to discharge the Duties thereof: Provided also, that the junior Principal Clerk of Session for the Time being shall superintend and direct the Preparation of Extracts, by giving such Directions or Instructions from Time to Time as he may think fit or be by the Court directed to give, which Directions or Instructions the Extractor is hereby required to comply with: Provided always, that in order to give due, Efficiency to the foregoing Provisions the junior Clerk of Session for the Time being, from Time to Time as he may think proper, and at any rate, shall, Fourteen Days before, the Termination of each Winter and Summer Session of the Court, report to the Court how far the Duties of the principal Extractor and his Assistants and Clerks are properly discharged, with such other Matters touching the same as he shall deem fit to be so reported.

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