182909-1931-Supplementary-Bills-read-a-first-time--Bankruptcy — Page 51

4 & 5 Gro. 5, c. 59, s. 130 (3).

4 & 5 Geo. 5, c. 59,

s. 130 (4).

4 & 5 Geo. 5, c. 59,

s. 130 (5).

4 & 5 Geo. 5, c. 59,

s. 130 (6).

4 & 5 Geo. 5, c. 59,

s. 130 (7).

532

satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate, or may, upon cause shown, dismiss the peti- tion with or without costs.

(3) A petition for administration in bankruptcy un- der this section shall not be presented to the court after proceedings have been commenced under the Code of Civil Procedure for the administration of the deceased debtor's estate, but the court may, when satisfied that the estate is insufficient to pay its debts, make an order for the administration in bankruptcy of the estate of the deceased debtor, and the like consequences shall ensue as under an administration order made on the petition of a creditor.

(4) Upon an order being made for the administra- tion in bankruptcy of a deceased debtor's estate, the property of the debtor shall vest in the Official Receiver, as trustee thereof, and he shall forthwith proceed to realise and distribute it in accordance with the provisions of this Ordinance:

Provided that the creditors shall have the same powers as to appointment of trustees and committees of inspection as they have in other cases where the estate of a debtor is being administered or dealt with in bankruptcy, and the provisions of this Ordinance, relating to trustees and committees of inspection. shall apply to trustees and committees of inspection appointed under the power so conferred.

If no committee of inspection is appointed, any act or thing or any direction or permission which might have been done or given by a committee of inspec- tion may be done or given by the court.

(5) With the modifications hereinafter mentioned, all the provisions of Part III of this Ordinance (relat- ing to the administration of the property of a bank- rupt) and, subject to any modification that may be made therein by general rules under sub-section (10) of this section, the following provisions, namely, section 29 of this Ordinance (which relates to inquiries as to the debtor's conduct, dealings, and property); and section 86 of this Ordinance (which relates to the costs of trustees, managers, and other persons), shall, so far as the same are applicable, apply to the case of an administration order under this section in like manner as to an order of adjudication under this Ordi- nance, and section 40 of this Ordinance shall apply as if for the reference to an order of adjudication there were substituted a reference to an administration order under this section.

(6) In the administration of the property of the deceased debtor under an order of administration, the Official Receiver or trustee shall have regard to any claim by the legal personal representative of the de- ceased debtor to payment of the proper funeral and testamentary expenses incurred by him in and about the debtor's estate, and such claims shall be deemed a preferential debt under the order, and shall, not- withstanding anything to the contrary in the pro- visions of this Ordinance relating to the priority of other debts, be payable in full, out of the debtor's estate, in priority to all other debts.

(7) If, on the administration of a deceased debtor's estate, any surplus remains in the hands of the Official Receiver or trustee, after payment in full of all the debts due from the debtor, together with the costs of the administration and interest as provided by this Ordinance in case of bankruptcy, such surplus shall be paid over to the legal personal representative of the deceased debtor's estate, or, failing such repre- sentative, to the Official Administrator.