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3 the said estate and effects, or of such part thereof, as 4 he shall think fit, among such of the creditors of the 5 said debtor as shall have proved their debts, in propor6 tion to their respective debts, which order shall be 7 recorded with the other proceedings in the case : pro8 vided however, that all debts due to the United States 9 from the debtor, or to any person, who by the laws of 10 the United States or of this State are or may be entitled 11 to a priority or preference with respect to such debts, 12 out of the estate assigned as aforesaid, shall have the 13 benefit of such priority or preference in like manner as 14 as if this Act had not been passed.
Sect. 47. If at the time of ordering such dividend, 2 it shall appear probable, that there are just claims 3 against the estate, which by reason of the distant resia 4 dence of the creditor, or for other sufficient reason, 5 have not been proved, the Commissioner shall, in 6 ordering such dividend, leave in the hands of the 7 assignees a sum sufficient to pay to every such absent 8 creditor, a proportion equal to what shall be then paid 9 to the other creditors; which sum shall remain thus 10 unappropriated in the hands of the assignees until the 11 final dividend shall be declared, or until the Commis12 sioner shall order its distribution.
Sect. 48. The said assignees shall, at such time 2 as shall be appointed by the Commissioner, within 3 eighteen months after the appointment of the assign4 ess, make a second dividend of the said estate, in case
5 the same was not wholly distributed upon the first 6 dividend, and shall give notice of a meeting for that 7 purpose to all the creditors of the debtor in such man8 ner as the Commissioner shall direct; at which meeting 9 the creditors, who have not proved their debts, shall be 10 allowed to prove the same, and the accounts of the 11 assignees shall then be produced and examined as pro12 vided in the forty-fifth section, and shall be settled by 13 the Commissioner: and what, upon the balance thereof, 14 shall appear to be in their hands, shall by a like order 15 of the Commissioner, be divided among all the credi16 tors, who shall then have proved their debts in pro17 portion to their respective debts : provided, that no 18 creditor whose debt shall be proved at the time of the 19 second or any after dividend, shall be allowed to dis20 turb any prior dividend, but he shall be paid so far only 21 as the funds remaining unappropriated in the hands 22 of the assignees shall be sufficient therefor.
Sect. 49. If at the time of appointing the meeting 2 for the second dividend, there shall remain in the 3 hands of the assignees any outstanding debts, or other 4 property due or belonging to the estate, which cannot, 5 in the opinion of the Commissioner, be collected and 6 received by the assignees without unreasonable or 7 inconvenient delay, the assignees may, under the direc8 tion of the Commissione, rsell and assign such debts or 9 other property in such manner as shall be ordered by 10 the Commissioner.
Sect. 50. Such second dividend shall be final, unless 2 any suit relating to the estate be then depending or 3 any part of the estate be outstanding, or unless some 4 other estate or effects of the said debtor shall after5 wards come to the hands of the assignees, in which 6 cases another dividend shall be made by order of the 7 Commissioner in the manner before provided : and 8 further dividends shall be made in like manner as often 9 as occasion shall require : and at every regular mect10 ing of the creditors, those who have not before proved 11 their debts, shall be allowed to prove the same; and if 12 after the payment of all debts proved as aforesaid, any 13 surplus shall remain in the hands of the assignees, 14 the same shall be paid or reconveyed to, or revest in 15 the debtor or his legal representatives.
Sect. 51. At the commencement of the proceedings 2 in each case under this Act, the Commissioner shall 3 appoint a Clerk, who shall be duly sworn to the faithful 4 discharge of his duty: and the Clerk shall keep a 5 record of all the regular meetings of the creditors, and 6 of all the proceedings at the same, and shall preserve 7 all papers duly filed in the course of the proceedings, 8 and perform such other duties appertaining to his office 9 as shall be prescribed by the Commissioner; and the 10 record of the proceedings in each case, with all the 11 papers filed therein, shall be enclosed together, and at 12 the termination of the proceedings, shall be deposited
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 7 the 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 Il 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 meet17 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.