BANKRUPTCY.
No. 10 of 1931.
1873
of them (taxed as between party and party) out of the estate, with the same priority as to payment as is herein provided in respect of the taxed costs of the petitioner.
38.-(1) In the distribution of the property of a bankrupt Priority there shall be paid in priority to all other debts-
(a) all debts due from the bankrupt to the Crown at the date of the receiving order and having become due and payable within twelve months next before that time;
of debts. 4 & 5 Geo. 5, c. 59, s. 33.
s. 2:
(b) all wages or salary (including commission, provided 16 & 17 that the amount thereof is fixed or ascertainable at the date of Geo. 5, c. 7, 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 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) Subject to the provisions contained in section 37 and to the retention of such sums as may be necessary for the costs of administration or otherwise, the foregoing debts shall be discharged forthwith so far as the property of the debtor is sufficient to meet them.
(4) In the event of a landlord or other person distraining or having distrained on any goods or effects of a bankrupt within three months next before the date of the receiving order the debts to which priority 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 deceased person who dies insolvent as if he were a bankrupt and as if the date of his death were substituted for the date of the receiving order.
BANKRUPTCY.
No. 10 of 1931.
1873
of them (taxed as between party and party) out of the estate, with the same priority as to payment as is herein provided in respect of the taxed costs of the petitioner.
38.-(1) In the distribution of the property of a bankrupt Priority there shall be paid in priority to all other debts-
(a) all debts due from the bankrupt to the Crown at the date of the receiving order and having become due and payable within twelve months next before that time;
of debts. 4 & 5 Geo. 5, ć. 59, s. 33.
s. 2:
(b) all wages or salary (including commission, provided 16 & 17 that the amount thereof is fixed or ascertainable at the date of Geo. 5, c. 7, 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 them- selves 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) Subject to the provisions contained in section 37 and to the retention of such sums as may be necessary for the costs of administration or otherwise, the foregoing debts shall be dis- charged forthwith so far as the property of the debtor is sufficient to meet them.
(4) In the event of a landlord or other person distraining or having distrained on any goods or effects of a bankrupt within three months next before the date of the receiving order the debts to which priority 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 deceased person who dies insolvent as if he were a bankrupt and as if the date of his death were substituted for the date of the receiving order.
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