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Court of Session (No. 2) Act 1838

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XXXOfficers of Court may be summarily removed for Malversation.

And be it enacted, That if any Clerk, Extractor, or other Officer of Court shall neglect his Duty, or shall be guilty of any Malversation in; Office, or shall exact or receive any Fees of Perquisites other than those due to him in virtue of his Office or contrary to Law, it shall be competent for the Court of Session, on such Charge or Charges being proved in any summary Application by Petition and Complaint at the Instance of the Party or Parties aggrieved, or of Her. Majesty's Advocate for the Time being, to pronounce such Judgment as in the Circumstances, of the Case may seem just, not exceeding Deprivation of Office and Expences of the Proceedings, besides the Repayment of any such Fees or Perquisites unduly received, which shall be paid either to the Party complaining or to the Fee Fund, as the Court shall direct.

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