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13 in the probate office of the County and be there pre14 served under the care of the Register of Probate.

SECT. 52. The Commissioner may remove the Clerk 2 for any cause which he may deem sufficient; and upon 3 such removal, or upon the death, resignation or absence 4 of the Clerk, may appoint another in his place; and the 5 certificate of discharge when granted by the Commis6 sioner shall be recorded at full length by the Clerk, 7 with the other proceedings; and copies of all parts of 8 the said record, duly certified by the Register of Pro9 bate, shall in all cases be admissible as evidence, prima 10 facie, of the facts therein stated and contained.

SECT. 53. The Commissioner shall attend and pre2 side at all meetings of the creditors and shall regulate 3 the proceedings thereat: and he may adjourn any 4 meeting from time to time as occasion shall require, 5 and all things lawfully done at any such adjourned 6 meeting shall be of like force and effect as if done at 7the original meeting; and he shall have power to 8 administer all oaths that shall be required in the course 9 of the proceedings; and if any creditor shall reside 10 more than ten miles from the place of the meeting of 11 the creditors, and shall be required to make oath in 12 support of his claim, such oath may be administered 13 by any justice of the peace or any other person duly 14 qualified to administer oaths in the place or County 15 where the debtor may be; and every creditor who has 16 proved his debt may appear, vote and act at all meet

17 ings of the creditors, by his Attorney duly constituted, 18 in like manner as if he were personally present.

SECT. 54. There shall be allowed and paid, out of 2 the estate and effects of the debtor, the following fees 3 for the respective services hereinafter mentioned; that 4 is to say:

5 To the Judge of Probate for receiving and allowing 6 the original petition and appointing a Messenger 7 and issuing a warrant to him and for appointing a 8 Commissioner of Insolvency and administering to him 9 the oath of office, the sum of five dollars.

10 To the Commissioner for every day which he may be 11 employed in the duties of his office, as prescribed in 12 this Act, the sum of five dollars, to be apportioned 13 among the several causes, if there be more than one, 14 on which he may act the same day.

15 To the Clerk for every day's attendance upon or with 16 the Commissioner, on any business arising in such 17 causes, a sum not exceeding two dollars per day to be 18 apportioned as aforesaid; and such further sum, by 19 way of compensation for keeping a record of the pro20 ceedings and for other services performed by him, as 21 the Commissioner shall allow.

22 To the Messenger such compensation as the Com23 missioner shall see fit to allow, regard being had to the 24 fees allowed to Sheriffs for like services.

25 To every witness the same fees as are or may be 26 allowed to witnesses in the district court.

SECT. 55. In case of the death, resignation or inca2 pacity of any Commissioner, pending the settlement 3 of the estate of any debtor under the provisions of 4 this Act, it shall be the duty of the Judge of Probate, 5 who appointed him, or of his successor in office, to 6 appoint another Commissioner, who shall be duly 7 sworn, and perform those duties which such former 8 Commissioner might and ought to do, had he continued 9 in office; and if by death, resignation or otherwise, a 10 vacancy happen in the office of Messenger, the Com11 missioner shall appoint another suitable person in his 12 place, who shall do such duties as the former Messen13 ger might and ought to do, had he remained in office :14 and no Judge of Probate or Commissioner, shall in 15 any way be the Counsel or Attorney of any party, in 16 relation to any matters connected with the proceed17 ings under any assignments, over which they may have 18 exercised any of the powers in this Act given.

SECT. 56. The Supreme Judicial Court shall have a 2 general superintendence and jurisdiction, as a Court of 3 Chancery, in all causes arising under this Act; and 4 may from time to time, make such general rules and 5 forms as they shall judge neccessary to establish and 6 maintain a regular and uniform course of proceedings 7 therein, in all the different Counties: and they shall 8 also have power, in all cases which are not herein 9 otherwise specially provided for, upon the bill, peti10 tion or other proper process, of any party aggrieved by

11 any proceedings under this Act, to hear and determine 12 the case as a Court of Chancery, and to make such 13 order or decree therein as law and justice may require : 14 and all the powers granted in and by this section, may 15 be exercised, either by said Court, at any law term 16 thereof, or by any one Justice thereof respectively in 17 like manner in all respects as other Chancery powers 18 vested in said Court may by law be exercised, except19 ing the power of making general rules and forms as 20 aforesaid, which latter power shall be exercised only 21 at a law term of said Court.

SECT. 57. If any person arrested on mesne process 2 in any civil action for the sum of one hundred dollars 3 or upwards, founded upon a demand which in its nature 4 is proveable against the estate of an insolvent debtor, 5 according to the foregoing provisions of this Act, shall 6 not give bail or other bond such as is authorized in 7 such cases under the provisions of the chapter 8 of the revised statues thereon, on or before the return 9 day of such process: or if any person shall be actually 10 imprisoned for more than thirty days, either upon 11 mesne process or execution in any civil action founded 12 on such contract, for the sum of one hundred dollars 13 or upwards; or if any person whose goods or estate 14 are attached on mesne process in any civil action 15 founded on such contract for the sum of one hundred 16 dollars or upwards, shall not, on or before the last day 17 of the term of the Court, to which process is returna

18 ble, dissolve the attachment in the manner hereinafter 19 provided: then and in each of the cases aforesaid, any 20 creditor, having a demand against such person to the 21 amount of one hundred dollars, for which a suit might 22 then be brought, and which is in its nature proveable 23 against the estate of an insolvent debtor, according to 24 the foregoing provisions of this Act, may, within ninety 25 days, and not after, apply by petition to the Judge of 26 Probate for the County in which such debtor resides, 27 setting forth such facts, and praying that warrant may 28 issue to take possession of the estate of said debtor, 29 and that such further proceedings may be had, as are 30 herein above provided for dividing and distributing the 31 same among all the creditors of said debtor and if the 32 facts set forth in said petition appear to the Judge to 33 be true, and that the debtor owes not less than five 34 hundred dollars, he shall forthwith by warrant under 35 his hand and seal, appoint some suitable person as 36 Messenger to take possession of all the estate real and 37 personal of such debtor, in like manner as above pro38 vided in the second section of this Act, with respect 39 to the warrant therein mentioned; and also on such 40 application said Judge shall appoint some suitable 41 person as Commissioner of Insolvency, as mentioned 42 in the second and third sections of this chapter, which 43 Commissioner shall be duly sworn before said Judge of 44 Probate or some justice of the peace, and a certificate 45 of the oath left with the Judge of Probate as aforesaid.

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