Section 21. Trial, costs and commissions  


Latest version.
  • The court, in its discretion, may
      order a trial by jury or before a referee,  of  any  disputed  claim  or
      matter  arising  under  the  provisions  of  this article. It may in its
      discretion award reasonable counsel  fees  and  costs,  determine  which
      party  shall  pay  the  same, and make all necessary rules to govern the
      practice under this article. The assignee  or  assignees  named  in  any
      assignment  shall  receive for his or their services a commission of not
      to exceed five per centum on the whole sum which will have come into his
      or their hands, except in a case where such percentage shall  not  equal
      two  hundred  dollars in which case the court may grant such a sum which
      with such percentage shall equal two hundred dollars.  If  the  assignee
      continues  the  business the court may allow him additional compensation
      equal to what he might be allowed as hereinabove provided.
        The actual and necessary expenses incurred  by  the  assignee  in  the
      administration  of  the  estate shall be reported in detail, under oath,
      and examined and approved or disapproved by the court. If approved  they
      shall be paid out of the estate.