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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 nad, 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. Sect. 53. The Messenger shall in addition to the 2 notice above required in the fourth and fifth sections, 3 give notice to the debtor of the issuing of said warrant, 4 in such manner as the Judge of Probate shall direct, 5 and thereupon the estate of the debtor shall be taken, 6 disposed of and divided among creditors in like man7 ner as it would or ought to be by force of a warrant, 8 issued according to the second section of this Act, and 9 all the proceedings, after the execution of the warrant 10 issued by force of the preceding section, shall be con11 ducted in the same manner as in this Act is provided, 12 in reference to proceedings commenced upon the peti13 tion of the debtor himself.
Sect. 59. Any person whose goods or estate shall be 2 attached on mesne process in any civil action, may at 3 any time before final judgment therein, dissolve such 4 attachment, by giving bond with sufficient sureties, to 5 be approved by the court in which the action is pend6 ing, or by any justice thereof, or by any Justice of the 7 Supreme Judicial Court, with condition to pay to the 8 plaintiff in such action the amount, if any, that he shall 9 recover therein, within sixty days after the final judg10 ment in such action; and no sureties shall be deemed 11 sufficient for this purpose, unless they are satisfactory 12 to the plaintiff in the action, or it shall be made clearly 13 to appear that each of the sureties, if there are only two, 14 is worth a sum equal to that for which is laid, or if 15 there are more than two sureties, that they are all 16 together worth twice the sum, for which the attach17 ment was laid, over and above what will
pay all their 18 debts.
Sect. 60. Where two or more persons who are part2 ners in trade, become insolvent, a warrant may he 3 issued as provided in this Act, either on the petition of 4 such partners, or of any one of them, or on the petition 5 of any creditor of the partners : upon which warrant 6 all the joint stock and property of the company and 7 also all the separate property of each of the partners, 8 shall be taken, excepting such parts thereof as may be 9 by law exempted from attachment: and all the credit10 ors of the company and the separate creditors of each 11 partner shall be allowed to prove their debts.
Sect. 61. In such case the assignees shall be chosen 2 by the creditors of the company and of the individual 3 partners : the former voting according to the amount 4 of their debts then proved ; and the latter according to 5 the amount of their debts then proved, divided by the 6 number of partners, and they shall keep separate 7 accounts of the joint stock or property of the company 8 and of the separate estate of each member thereof; 9 and after deducting out of the whole amount received 10 by the assignees, the whole of the expenses and dis11 bursements paid by them, the net proceeds of the joint 12 stock shall be appropriated to pay the creditors of the 13 company, and the net proceeds of the separate estate