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Receiver

receivers and court

RECEIVER, in English and American law, a person appointed by a court to administer property for its protection, to receive rent or other income and to pay authorized outgoings. Receivers may be either appointed pendente lite or by way of equitable execution, e.g., for the purpose of enabling a judgment creditor to obtain payment of his debt, when the position of the real estate is such that ordinary execution will not reach it. Formerly receivers were appointed only by the court of chancery, but by the Judicature Act of 1873 it is now within the power of all divi sions of the High Court to appoint receivers. Their powers and their duties are set forth by Kerr, On Receivers. (5th ed., 1905), who classifies the cases in which they may be appointed under the following heads : (a) infants; (b) executors and trustees; (c) pending litigation as to probate; (d) mortgagor and mortgagee; (e) debtor and creditor; (f) public companies; (g) vendor and purchaser; (h) covenanter and covenantee; (i) tenant for life and remainderman; (j) partners ; (k) lunacy; (1) tenants in common; (m) possession under legal title, and (n) other cases. The appointment of receivers is entirely within

the discretion of the courts. In bankruptcy practice a receiver, termed official receiver, is an officer of the court who in this capacity takes possession of all a debtor's assets. In the United States the appointment of receivers lies within the jurisdiction of courts that are invested with equity powers and in exercise of their equity jurisdiction. Under statutes in many States the power to appoint receivers has been extended to actions at law in various types of cases. (See BANKRUPTCY.)