Section 18. Effect of orders; power of judge and duties of clerk  


Latest version.
  • All orders
      or  decrees  in proceedings under this article shall have the same force
      and effect, and may be entered, docketed and enforced and appealed  from
      the  same as if made in an original action brought in the court in which
      the proceeding is pending;  provided,  however,  that  a  final  decree,
      directing  the  payment of money, may be enforced by serving a certified
      copy thereof personally upon the assignee for the benefit of  creditors,
      and if said assignee wilfully neglects to obey said decree, by punishing
      him  for  a  contempt  of  court.  The imprisonment of said assignee, by
      virtue of proceedings to punish him for contempt, as prescribed in  this
      section,  or  a levy upon his property by virtue of an action, shall not
      bar, suspend or otherwise affect an action against the sureties  on  his
      final bond. All proceedings under this article shall be deemed to be had
      in court. The said court shall always be open for proceedings under this
      article.  The  judge,  when  named  in  this  article,  shall,  in  such
      proceedings, be deemed to be acting as the court. The clerk of the court
      shall keep a separate book, in which shall be entered, in each case, the
      date and place of  record  of  the  assignment,  and  a  minute  of  all
      proceedings  therein, under this article, with such particularity as the
      court shall direct by general order. He shall record therein the  orders
      and  decrees  of the court, settling, rejecting or adjusting claims, and
      directing the payment of money, or releasing assets by the assignee, and
      removing or discharging the assignee and his sureties,  and  such  other
      orders as the courts shall direct by general order. The said clerk shall
      securely keep the papers in each case in a file by themselves, and shall
      be entitled to a fee, except as otherwise provided by law, of one dollar
      for  filing all the papers in each case, and entering the proceedings in
      the minute-book, and fifty cents to be  paid  by  the  assignee,  unless
      otherwise  directed, for recording each order or decree required by this
      article or the general order of the court. The clerk shall not record at
      length any order except the final  order  in  a  proceeding  under  this
      article, unless directed to do so by the court.