Re W., an Arranging Debtor

• Jurisdiction: Ireland
• Judgment Date: 01 January 1933
• Date: 01 January 1933
• Court: High Court (Irish Free State)

In re W., an Arranging Debtor

"Bill composition"- Whether "distribution of the property of a bankrupt" - Unemployment insurance - Arrears of contributions due by arranging debtor in respect of employed persons - Crown debt - Prerogative of the Crown - Preferential Payments in Bankruptcy (Ireland) Act, 1889 (52 53 Vict.c. 60), s. 4 - Unemployment Insurance Act, 1920 (10 11 Geo. 5, c. 30), s. 22 (6): s. 26 (5).

The Unemployment Insurance Act, 1920, s. 22 (6) provides that all sums due to the unemployment fund "shall be recoverable as debts due to the Crown, and without prejudice to any other remedy may be recovered by the Minister summarily as a civil debt." s. 26 (5), provides:—"There shall be included among the debts which, under s. 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889, are, in the distribution of the property of . . . . an arranging debtor to be paid in priority to all other debts, all contributions payable under this Act by . . . . the arranging debtor in respect of employed persons during the four months before the date of the . . . . filing of the petition for arrangement, and that Act shall have effect accordingly." W., an arranging debtor, effected a composition with his creditors whereby five shillings in the pound was to be paid on all his unsecured debts and on such portion of his partly secured debts as should not be covered by security. The composition was payable in three equal instalments at four, eight and twelve months, respectively, from the date of confirmation of the offer, the first instalment being secured by the promissory note of the debtor...