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This is the original version (as it was originally enacted).

XXXICompensation.

And be it enacted, That it shall be lawful for any Clerk or Officer of the Court of Session, or other Person entitled to Compensation for Loss to be suffered through the Operation or Effect of this Act, to make Application to the Lord High Treasurer or to the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the Time being, claiming such Compensation, giving at the same Time Notice of such Application to Her Majesty's Advocate for Scotland ; and it shall be lawful for the said Lord High Treasurer or Commissioners of the Treasury to investigate such Claim and call for such Evidence in relation thereto as he or they may think necessary ; and upon such Claim being established to his or their Satisfaction, the said Lord High Treasurer or Commissioners, or any Three of them, is and are hereby authorized and empowered to award to such Person such Compensation as he or they shall, under all the Circumstances of the Case, and having reference to the Nature of the Appointment and the Duration of the Service, think him entitled to, either by the Payment of a gross Sum or by way of Annuity, as he or they shall think proper : Provided always, that a Copy of every such Award for Compensation shall be kid before both Houses of Parliament within Thirty Days from the Day on which the same shall be granted if Parliament shall then be sitting, and if not, then within Thirty Days after the then next Sitting of Parliament; and no such Award shall be final and conclusive until Two Calendar Months after the same shall have been so laid before Parliament Provided also, that it shall be a Condition of every such Grant that the Compensation so granted, in the event of the Appointment thereafter of any of the said Persons to any Office of Profit or Emolument under the Crown, shall abate or wholly cease during the Period in which such Person shall hold such Office, so as that the Compensation and Emolument thereof taken together shall not exceed the Emoluments of the Office in respect of which the Compensation has been granted.

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