A Treatise on the Law and Practice as to Recievers Appointed by the Court of Chancery (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ... R.111' were not approved. See also p. 8, ante, note 1, as to the Iowa and California statutes on this subject. CHAPTER III. _ ovsn WHAT PROPERTY A RECEIVER MAY BE APPOINTED. A RECEIVER may be appointed of the rents and profits of real estate, and also of all personal estate which may be taken in execution at law.(a)1 In all cases where execution may be had at law by writ of fi.fa. or elegit, it_ is competent to a court of equity to grant a receiver.(b) The appointment of a receiver is not limited to such property as may be taken in execution at law, but extends to whatever is considered in equity as assets.(c) Salaries, &c.--There cannot be a receiver of the pay or half-pay of ofiicers in the army or navy, for the assignment of such moneys is void upon grounds of public policy.(d) Nor can there be a receiver of the salary of a person in the civil service, at least where there is no permanent fund for the payment of it, but. a sum is annually voted by Parliament for the pur (a) 1 Sw. 83; 2 Sw. 132. See over a rent-charge, Wise v. as to a receiver being appointed Beresford, 3 Dr. & War. 276; over a newspaper, Chaplin v. Cullen v. Dean, c. of Kfllaloe, Young, 6 L. T. N. S. 97; Kelly 2 Ir. Ch. 133. v. Hutton, 17 W. R. 425 Sloan (b) 1 SW. 83; 2 Sw. 132. v. Moore, 37 Penna. St. R. (c) Blanchard v. Cawthorne, 217; over tithes, Lambery v. 4 Sim. 572. Helsham, 1 Ir. Ch. 633; and (cl) See2 Beav. 549. 1 See Hudson v. Plets, 11 Paige, C. R. 183. pose.(e) The salaries of officers in the public service, indeed, do not appear under any circumstances to be assignable, where the payment is to enable the grantee, to perform future duties, and the emoluments of the ofiice are considered necessary to the due discharge of the duties.(f)...