507
37.--(1) The assets remaining after payment of Priority of the actual expenses incurred in realizing any of the costs and assets of the debtor shall, subject to any order of the charges. court, first be liable to the following payments, which N 7 of shall be made in the following order of priority, 1891, namely,-
Ordinance
s 33 (1). (a) the actual expenses incurred by the Official Bankruptcy Receiver in protecting or attempting to pro- Rules, 1915, tect the property or assets of the debtor or Rule 117 any part thereof and any expenses or outlay
(England) incurred by him or by his authority in carry- ing on the business of the debtor;
(b) the fees, percentages, and charges payable to, or costs, charges, and expenses incurred or authorised by, the Official Receiver, whether acting as Official Receiver or trustee; (c) the remuneration of the special manager, if
any; and
(d) the taxed costs of the petitioner, so far as the same may not have been disallowed by the court;
(2) Whenever the court is satisfied that property Ordinance of a debtor in respect of whose estate a receiving No. 7 of order has been made has been preserved for the benc- 1891, fit of the creditors by means of legal proceedings |
s. 33 (2). brought by a creditor against the debtor without notice of any available act of bankruptcy committed by the debtor, the court may, in its discretion, order the payment of the costs of such legal proceedings or any part of them (taxed as between party and party) out of the estate, with the same priority as to pay- ment as is herein provided in respect of the taxed costs of the petitioner.
38. (1) In the distribution of the property of a Priority of bankrupt there shall be paid in priority to all other debts. debts-
4 & 5 Geu. 5, (:, 59, (a) all debts due from the bankrupt to the Crown s 33 (1).
at the date of the receiving order, and having become due and payable within twelve months next before that time;
(b) all wages or salary (including commission, 16 & 17 Geo
provided that the amount thereof is fixed or 5, c. 7, s. " ascertainable at the date of the receiving order) of any clerk or servant in respect of services rendered to the bankrupt during four months before the date of the receiving order, not exceeding three hundred dollars; (c) all wages of any labourer or workman not exceeding one hundred dollars, whether payable for time or for piece work, in respect of services rendered to the bankrupt during four months before the date of the receiving order.
(2) The foregoing debts shall rank equally between 4 & 5 Geo. 5, themselves, and shall be paid in full unless the pro- c. 59, perty of the bankrupt is insufficient to meet them, s 33 (2). in which case they shall abate in equal proportions between themselves.
(3) Subject to the provisions contained in section 4 & 5 Geo. 5, 37 and to the retention of such sums as may c. 59,
be necessary for the costs of administration or other- s. 33 (3). wise, the foregoing debts shall be discharged forth- with so far as the property of the debtor is sufficient
to meet them.
(4) In the event of a landlord or other person dis- 4 & 5 Geo. 5, training or having distrained on any goods or effects
c. 59,
of a bankrupt within three months next before the s. 33 (4).
Aoto of tha waaniwina audax tha dahis ka which maisuiker