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Appointment of secretary of the grand jury, and discharge of his duties by clerk of the peace during his illness, &c.
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45. It shall be lawful for every grand jury to appoint a proper person, duly qualified according to the laws now in force, to act as their secretary; and every secretary of the grand jury who shall be appointed hereafter under the provisions of this Act, shall continue to act as such until he shall be removed by the grand jury, or until another person duly qualified shall be in like manner appointed; and if any person appointed secretary shall happen to die, or be unable from illness to do the duty, the clerk of the peace or his known deputy is hereby required to act as such until the last day of the ensuing assizes, or (in case of the illness of the secretary) until such secretary shall be able to resume his duty; and for the performing all and singular the duties of such secretary such clerk of the peace or his said deputy shall be entitled to receive a rateable proportion of the salary of such secretary for the time during which he shall have performed such duties: Provided always, however, that it shall not be lawful to appoint or continue joint secretaries, or more than one person as secretary in any county.
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