182909-1931-Supplementary-Bills-read-a-first-time--Bankruptcy — Page 27

4 & 5 Geo. 5, € 59, s. 33 (5).

4 & 5 Geo. 5, c. 59, s. 33 (6).

4 & 5 Geo. 5,

c 59,

s 33 (7).

4 & 5 Geo. 5, e. 59, s. 33 (8).

Preferential claim in case of

apprentice- ship.

4 & 5 Geo. 5, +. 59,

s. 34 (1).

4 & 5 Geo. 5, c. 59, 3. 34 (2).

Landlord's

power of distress.

Ordinance

No. 1 of 1883.

508

is given by this section shall be a first charge on the goods or effects so distrained on, or the proceeds of the sale thereof: Provided that in respect of any money paid under any such charge the landlord or other person shall have the same rights of priority as the person to whom such payment is made.

(5) This section shall apply in the case of a de- ceased person who dies insolvent as if he were a bankrupt, and as if the date of his death were sub- stituted for the date of the receiving order.

(6) In the case of partners the joint estate 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.

(7) Subject to the provisions of this Ordinance, all debts proved in the bankruptcy shall be paid pari pussu.

(8) If there is any surplus after payment of the foregoing debts, it shall be applied in payment of interest from the date of the receiving order at the rate of eight per cent per annum on all debts proved in the bankruptcy.

39.—(1) Where at the time of the presentation of the bankruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the adjudication of bankruptcy shall, if either the bankrupt or appreu- tice or clerk gives notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprenticeship or articles of agreement; and, if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the trustee may, on the application of the apprentice or clerk, or of some person on his behalf, pay such sum as the trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf, and to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy, and to the other circumstances of the

case.

(2) Where it appears expedient to a trustee, he may, on the application of any apprentice or articled clerk to the bankrupt, or any person acting on behalf of such apprentice or articled clerk, instead of acting under the preceding provisions of this section, trans- fer the indenture of apprenticeship or articles of agreement to some other person.

40. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provision of the Distress for Rent Ordinance, 1883, at

4 & 5 Geo. 5, any time, either before or after the commencement c. 59, s. 35.

of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that, if such distress for rent be levied after the commencement of the bankruptcy, it shall be available only for six months rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied, but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been

with t