CAP. 6]
[s. 38 cont.]
Preferential claims in
case of
apprentice-ship.
4 & 5 Geo. 5,
c. 59, s. 34.
Landlord's power of distress.
4 & 5 Geo. 5, c. 59, s. 85.
(Cap. 7.)
Bankruptcy.
(7) Subject to the provisions of this Ordinance, all debts proved in the bankruptcy shall be paid pari passu.
(8) If there is any surplus after payment of the foregoing debts, it shall be applied in payment of interest from the date of the receiving order at the rate of eight per cent per annum on all debts proved in the bankruptcy.
39. (1) Where at the time of the presentation of the bankruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the adjudication of bankruptcy shall, if either the bankrupt or the apprentice or clerk gives notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprenticeship or articles of agreement; and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the trustee may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf and to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy and to the other circumstances of the case.
(2) Where it appears expedient to a trustee, he may, on the application of any apprentice or articled clerk to the bankrupt or any person acting on behalf of such apprentice or articled clerk, instead of acting under the preceding provisions of this section, transfer the indenture of apprenticeship or articles of agreement to some other person.
40. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of the Distress for Rent Ordinance, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy, it shall be available only for six months' rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied,
204
CAP. 6]
[s. 38 cont.]
Preferential claims in
case of
apprentice- ship.
4 & 5 Geo. 5,
c. 59, s. 34.
Landlord's power of distress.
4 & 5 Geo. 5, c. 59, s. 85.
(Cap. 7.)
Bankruptcy.
(7) Subject to the provisions of this Ordinance, all debts proved in the bankruptcy shall be paid pari passu.
(8) If there is any surplus after payment of the fore- going debts, it shall be applied in payment of interest from the date of the receiving order at the rate of eight per cent per annum on all debts proved in the bankruptcy.
39. (1) Where at the time of the presentation of the bankruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the adjudication of bankruptcy shall, if either the bankrupt or the apprentice or clerk gives notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprenticeship or articles of agreement; and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the trustee may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf and to the time during which he served with the bankrupt under the indenture or articles before the com- mencement of the bankruptcy and to the other circumstances of the case.
(2) Where it appears expedient to a trustee, he may, on the application of any apprentice or articled clerk to the bankrupt or any person acting on behalf of such apprentice or articled clerk, instead of acting under the preceding pro- visions of this section, transfer the indenture of apprentice- ship or articles of agreement to some other person.
40. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of the Distress for Rent Ordinance, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him. from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bank- ruptcy, it shall be available only for six months' rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied,
204
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