If the primary causes of the injustice make restitution, the rest will be free, whereas if the secondary causes who merely acted for others restore to the injured party, the primary causes will thereafter be bound to make restitution to them.
3. The question of order of payment among creditors also arises when a debtor is insolvent and cannot pay all in full, for if he can pay all in full, order of payment is not of consequence. If a man cannot pay his debts as they become due, he will be adjudicated a bankrupt, and his property will in general be divided ratably among his creditors. Some debts, however, have priority according to English law, and must be paid in full if the assets are sufficient for the purpose; otherwise they will abate equally among themselves. " These are (i) Rates and taxes. ... (2);The wages or salary of any clerk or servant, not exceeding ,50, in respect of services rendered during four months prior to the receiving order. (3) Wages of any labourer or workman, not exceeding 25, for services, whether time or piece work, rendered during two months prior to the date of the receiving order."
" A secured creditor has four courses open to him: (i) He may rest on his security and not prove. (2) He may realize his security and prove for the deficiency. (3) He may value his security and prove for the deficiency, after deduction of the assessed value. (4) He may surrender his security and prove for the whole debt."
The debts of a person lately deceased must be paid by the executor or administrator in the following order: " First, the funeral expenses; next, the expenses of probate or taking out administration, including the costs of an administration action and other executorship expenses; and then the debts of the deceased are payable out of legal assets in the following order: (a) Crown debts due by matter of record, a surety to the Crown having the like priority; (b) debts having priority by statute e.g., under the Friendly Societies Act, 1896, sec. 35; (c) debts of record consisting of judgements in courts of record and recognizances; (d) debts by specialty and simple contract."
If, however, the deceased died insolvent, on the petition of one or more of his creditors, whose debt would have been sufficient to support a bankruptcy petition against him if he
