CAP. 6]
Rules as to
Bankruptcy:
36. The Chief Justice may, with the approval of the Legislative Council, make rules with respect to the mode of proof of debts.
4 & 5 Geo. 5, c. 59, s. 32.
Priority of costs and charges.
Bankruptcy Rules, 1915, Rule 117 (England).
Priority of debts. 4 & 5 Geo. 5, c. 59, s. 33.
16 & 17 Geo. 5, c. 7, s. 2.
proving debts, the right of proof by secured and other creditors, the admission and rejection of proofs, and other matters.
37. (1) The assets remaining after payment of the actual expenses incurred in realizing any of the assets of the debtor shall, subject to any order of the court, first be liable to the following payments, which shall be made in the following order of priority, namely-
(a) the actual expenses incurred by the Official Receiver in protecting or attempting to protect the property or assets of the debtor or any part thereof and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor;
(b) the fees, percentages and charges payable to, or costs, charges and expenses incurred or authorized by, the Official Receiver, whether acting as Official Receiver or trustee;
(c) the remuneration of the special manager, if any; and
(d) the taxed costs of the petitioner, so far as the same may not have been disallowed by the court.
(2) Whenever the court is satisfied that property of a debtor in respect of whose estate a receiving order has been made has been preserved for the benefit of the creditors by means of legal proceedings brought by a creditor against the debtor without notice of any available act of bankruptcy committed by the debtor, the court may in its discretion order the payment of the costs of such legal proceedings or any part 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 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;
(b) all wages or salary (including commission, provided that the amount thereof is fixed or ascertainable at
202
CAP. 6]
Rules as to
Bankruptcy:
36. The Chief Justice may, with the approval of the 4 & 5 Geo. 5, Legislative Council, make rules with respect to the mode of
proof of debts.
c. 59, s. 32.
Priority of costs and charges.
Bankruptcy Rules, 1915, Rule 117 (England).
Priority of of debts. 4 & 5 Geo. 5, c. 59, s. 33.
16 & 17 Geo. 5, c. 7,
S. 2.
proving debts, the right of proof by secured and other. creditors, the admission and rejection of proofs, and other
matters.
37. (1) The assets remaining after payment of the actual expenses incurred in realizing any of the assets of the debtor shall, subject to any order of the court, first be liable to the following payments, which shall be made in the fol- lowing order of priority, namely-
(a) the actual expenses incurred by the Official Receiver in protecting or attempting to protect the property or assets of the debtor or any part thereof and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor; (b) the fees, percentages and charges payable to, or costs, charges and expenses incurred or authorized by, the Official Receiver, whether acting as Official Receiver or trustee;
(c) the remuneration of the special manager, if any; and (d) the taxed costs of the petitioner, so far as the same
may not have been disallowed by the court.
(2) Whenever the court is satisfied that property of a debtor in respect of whose estate a receiving order has been made has been preserved for the benefit of the creditors by means of legal proceedings brought by a creditor against the debtor without notice of any available act of bankruptcy committed by the debtor, the court may in its discretion order the payment of the costs of such legal proceedings or any part 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 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;
(b) all wages or salary (including commission, provided that the amount thereof is fixed or ascertainable at
202
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