No. 7 of 1891.
629
(c) the wages of any labourer or workman not exceeding 100 dollars, whether payable for time or piecework, in respect of services rendered to the bankrupt during the 4 months immediately preceding the receiving order; and
(d) such part of any premium paid by or on behalf of any apprentice or articled clerk under service to the bankrupt as the Court may order.
(2) The foregoing debts shall rank equally between themselves and shall be paid in full unless the property of the bankrupt is insufficient to meet them, in which case they shall abate in equal proportions between themselves.
(3) The joint estate of partners shall be applicable in the first instance in payment of their joint debts, and the separate estate of each partner shall be applicable in the first instance in payment of his separate debts. If there is a surplus of the separate estates, it shall be dealt with as part of the joint estate. If there is a surplus of the joint estate, it shall be dealt with as part of the respective separate estates in proportion to the right and interest of each partner in the joint estate.
(4) Subject to the provisions of this Ordinance, all debts proved in the bankruptcy shall be paid pari passu.
(5) If there is any surplus after payment of the debts, it shall be applied in payment of interest from the date of the receiving order at the rate of 8 per centum per annum on all debts proved in the bankruptcy.
35. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of the Distress for Rent Ordinance, 1883, at any time either before or after the commencement of the bankruptcy, distrain upon the goods and chattels of the bankrupt for the rent due: Provided that, if such distress is levied after the commencement of the bankruptcy, it shall be available only for 6 months' rent accrued due prior to the date of the order of adjudication, but the landlord or other person to whom the rent may be due may prove under the bankruptcy for the surplus due for which the distress may not have been available.
Property available for Payment of Debts.
36. The bankruptcy of a debtor shall be deemed to have relation back to and to commence at the time of the act of bankruptcy being committed.
* As amended by No. 43 of 1912 Supp. Sched.
[46 & 47 Vict. c. 52 s. 42.]
[No. 1 of 1883.]
[ib. s. 48.]