34-26-1 - Extent and condition of preference.
34-26-1. Extent and condition of preference.
If any property of any person is seized through any process of any court, or when hisbusiness is suspended by the act of creditors or is put into the hands of a receiver, assignee, ortrustee, either by voluntary or involuntary action, the amount owing to workmen, clerks, travelingor city salesmen, or servants, for work or labor performed within five months next preceding theseizure or transfer of the property shall be considered and treated as preferred debts, and theworkmen, clerks, traveling and city salesmen, and servants shall be preferred creditors, the first tobe paid in full. If there are not sufficient proceeds to pay them in full, then the proceeds shall bepaid to them pro rata, after paying costs. No officer, director, or general manager of acorporation employer or any member of an association employer or partner of a partnershipemployer is entitled to this preference.
Amended by Chapter 206, 1987 General Session