616
Proof in respect of unliquidated damages.
Proof for premiums upon policies of insurance.
Payments of assessed taxes.
One year's local rates may be paid in full.
Three months wages or salary to clerks or servants.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
118. If any bankrupt shall at the time of adjudication be liable, by reason of any contract or promise, to a demand in the nature of damages which have not been and cannot be otherwise liquidated or ascertained, the Court may direct such damages to be assessed either by a jury before itself, or in the Court of Summary Jurisdiction without a jury, and to give all necessary directions for such purpose; and the amount of damages, when assessed, shall be provable, as if a debt due, at the time of the bankruptcy; Provided, that in case all necessary parties agree, the Court shall have power to assess such damages without the intervention of a jury, or a reference to the Court of Summary Jurisdiction.
119. If any bankrupt shall at the time of adjudication be liable by reason of any contract or promise to pay premiums upon any policy of insurance, or any other sums of money, whether yearly or otherwise, or to repay to or indemnify any person against any such payments, the person entitled to the benefit of such contract or promise may, if he think fit, apply to the Court to set a value upon his interest under such contract or promise, and the Court is hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon.
120. The Court, out of the estate and effects of the bankrupt, shall order payment of all duties, rates, taxes and Crown rents due from the bankrupt at the time of his bankruptcy.
121. The Court, out of the estate and effects of the bankrupt, shall order payment of all such rates as may be due from him at the time of his being adjudicated a bankrupt, provided such rates have become due during the twelve months immediately preceding the bankruptcy.
122. When any bankrupt shall have been indebted, at the time of filing the petition for adjudication, to any servant or clerk of such bankrupt, in respect of the wages or salary of such servant or clerk, so much as shall be so due, not exceeding three months wages or salary, and not exceeding five hundred dollars, may be paid to such servant or clerk out of the estate of such bankrupt: and such servant or clerk may prove for any sum exceeding such amount.
Fifty dollars wages to be paid to labourer or workman.
123. When any bankrupt shall have been indebted, at the time of filing the petition for adjudication, to any labourer or workman of such bankrupt, in respect of the wages or labour of such labourer or workman, so much as shall be so due, not exceeding fifty dollars may be paid to
616
Proof in re- spect of unli- quidated damages.
Proof for premiums upon policies of insurance.
Payments of assessed taxes.
One year's local rates may be paid in full.
Three months wages or sal-
to clerks or servants.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
118. If any bankrupt shall at the time of adjudication be liable, by reason of any contract or promise, to a demand in the nature of damages which have not been and cannot be otherwise liquidated or ascertained, the Court may direct such damages to be assessed either by a jury before itself, or in the Court of Summary Jurisdiction without a jury, and to give all necessary directions for such purpose; and the amount of damages, when assessed, shall be provable, as if a debt due, at the time of the bankruptcy; Provided, that in case all necessary parties agree, the Court shall have power to assess such damages without the intervention of a jury, or a reference to the Court of Summary Jurisdiction.
119. If any bankrupt shall at the time of adjudication be liable by reason of any contract or promise to pay premiums upon any policy of insurance, or any other sums of money, whether yearly or otherwise, or to repay to or indemnify any person against any such payments, the person entitled to the benefit of such contract or promise may, if he think fit, apply to the Court to set a value upon his interest under such contract or promise, and the Court is hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon.
120. The Court, out of the estate and effects of the bankrupt, shall order payment of all duties, rates, taxes and Crown rents due from the bankrupt at the time of his bankruptcy.
121. The Court, out of the estate and effects of the bankrupt, shall order payment of all such rates as may be due from him at the time of his being adjudicated a bankrupt, provided such rates have become due during the twelve months immediately preceding the bankruptcy.
122. When any bankrupt shall have been indebted, at the time of ary to be paid filing the petition for adjudication, to any servant or clerk of such bank- rupt, in respect of the wages or salary of such servant or clerk, so much as shall be so due, not exceeding three months wages or salary, and not exceeding five hundred dollars, may be paid to such servant or clerk out of the estate of such bankrupt: and such servant or clerk may prove for any sum exceeding such amount.
Fifty dollars wages to be paid to
labourer or workman.
123. When any bankrupt shall have been indebted, at the time of filing the petition for adjudication, to any labourerer or workman of such bankrupt, in respect of the wages or labour of such labourer or workman, so much as shall be so due, not exceeding fifty dollars may be paid to
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