the-ordinances-of-the-legislative-counci-1890 — Page 652

616 ORDINANCE No. 5 OF 1864.


Bankruptcy and Insolvency.

Proof in re
spect of unli 118. If any bankrupt shall at the time of adjudication be liable,
quidated by reason of any contract or promise , to a demand in the nature of
damages.
damages which have not been and cannot be otherwise liquidated or
ascertained , the Court may direct such damages to be assessed either by
4 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 .
Proof for
119. If any bankrupt shall at the time of adjudication be liable by
premiums
upon policies reason of any contract or promise to pay premiums upon any policy of
of insurance .
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 .

Payments of 120. The Court, out of the estate and effects of the bankrupt, shall
assessed taxes.
order payment of all duties, rates, taxes and Crown rents due from the

bankrupt at the time of his bankruptcy.
One year's 121. The Court, out of the estate and effects of the bankrupt, shall
local rates
may be paid order payment of all such rates as may be due from him at the time of
in full.
his being adjudicated a bankrupt , provided such rates have become due
during the twelve months immediately preceding the bankruptcy .
Three months 122. When any bankrupt shall have been indebted , at the time of
wages or sal
ary to bepaid filing the petition for adjudication , to any servant or clerk of such bank
to clerks or
servants. rupt, in respect of the wages or salary of such servant or clerk, so much

as shall be so duc , 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 123. When any bankrupt shall have been indebted , at the time of
wages to be
paid to filing the petition for adjudication, to any labourerer or workman of such
labourer or
workman. 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