Bankruptcy.
(1) There shall be paid in priority to all other debts—
(a) all parochial or other local rates due from the bankrupt at the date of the receiving order, and having become due and payable within twelve months next before that date;
(b) all wages or salary 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.
[CAP. 6]
Form 154.
(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.
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Bankruptcy.
the date of the receiving order) of any clerk or servant in respect of services rendered to the bank- rupt 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 land- lord 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.
[CAP. 6
Form 154.
(6) In the case of partners the joint estate shall be Rules. 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.
203
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