Court of Session (No. 2) Act 1838

VII Distribution of Duties of Record Clerks.

And whereas the senior Record Clerk, now deceased, has heretofore been attached to the First Division of the said Court in Business connected with Trial by Jury, and the junior Record Clerk is attached to the Second Division of the said Court in such Business ; be it enacted, That the Duties which have heretofore fallen to be discharged by the said senior Record Clerk in the Inner House, and at the Register House connected with Inner House Causes, and at the Jury Trials which take place at the Sittings in Edinburgh in Causes belonging to the First Division, shall be performed by the Principal Clerks of Session connected with that Division ; and upon the Occurrence of a Vacancy in the Office of the said junior Record Clerk the Duties falling to be discharged by him in the Inner House, and at the Register House connected with Inner House Causes, and at the Jury Trials which take place at the Sittings in Edinburgh in Causes belonging to the Second Division, shall be performed by the Principal Clerks connected with that Division ; provided that the Principal Clerks who shall be nominated to perform the Duty of Issue Clerks as aforesaid shall thereupon be relieved of the Duty of attending Jury Trials ; and the Duties now falling to be discharged before the Lords Ordinary by the said Record Clerks and their Assistant, relative to Causes connected with Trials by Jury, shall from and after the Commencement of this Act be performed by the Depute and Assistant Clerks, each Depute and Assistant Clerk taking charge in the Outer House as aforesaid of those Causes which depended in or belong to his own Office; and the said Causes so appropriated to Trial by Jury, or ordered to be so tried, shall not be sent to the Jury Clerks Offices until the Record is ready to be closed and Issues are to be prepared: Provided always, that the Practice of remitting such Causes to the Jury Roll shall remain as at present, but, being so remitted, such Causes shall not be re-transmitted to the Court of Session Roll, but shall be dealt with in the Jury Court Roll in all respects and subject to the like Review as if they had been in the Court of Session Roll.