Court of Session (No. 2) Act 1838

VI Vacancies of Principal Jury Clerks not to be filled up. Distribution of Duties of Issue Clerks.

And be it enacted, That, in order to carry such Reduction of the Number of Clerks into effect, the Vacancy which has occurred in the Office of the senior Record Clerk, and the Vacancies which may hereafter occur in the other Offices of the said Principal Clerks connected with Trial by Jury, shall not be filled up ; and as Vacancies occur in the Offices of the said Two Issue Clerks, the Duties now falling to be performed by them shall be discharged as follows; on the first of the said Vacancies occurring, One of the Principal Clerks in each Division shall be nominated by the President of that Division, who shall be conjoined with the remaining Issue Clerk in the Performance of those Duties in their respective Divisions ; and on the remaining Vacancy occurring, the Two Principal Clerks nominated as aforesaid, and their respective Successors, shall perform the said Duties, in their several Divisions of the Court respectively, in the same Manner as they have been performed by the present Issue Clerks; and the said Principal Clerks are hereby enjoined and required to consult, advise, and act with the remaining Issue Clerk, and with one another, in the Performance of the said Duties, for the Purpose of preserving Uniformity of Practice : Provided always, that one of the Principal Clerks so nominated, and his Successors, may act for and in the Absence of the other.