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Receiver

property, money, mortgagee, act, received and mortgagor

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RECEIVER. When a mortgagee, through default of the mortgagor, is in a position to exercise his power of sale, he may, if he choose, appoint a receiver to collect the rents and manage the estate or business. By so doing, the mortgagee avoids the risks to which he would be liable if he entered into possession himself.

The Conveyancing and Law of Property Act, 1881, defines the appointment, powers, remuneration and duties of a receiver as follows : " Section 24. (1) A mortgagee entitled to appoint a receiver under the power in that behalf conferred by this Act shall not appoint a receiver until he has become entitled to exercise the power of sale conferred by this Act, but may then, by writing under his hand, appoint such person as he thinks fit to be receiver.

" (2) The receiver shall be deemed to be the agent of the mortgagor ; and the mortgagor shall be solely re sponsible for the receiver's acts or defaults, unless the mortgage deed otherwise provides.

" (3) The receiver shall have power to demand and recover all the income of the property of which he is appointed receiver, by action, dis tress, or otherwise, in the name either of the mortgagor or of the mort gagee, to the full extent of the estate or interest which the mortgagor could dispose of, and to give effectual receipts, accordingly, for the same.

" (4) A person paying money to the receiver shall not be concerned to inquire whether any case has happened to authorise the receiver to act.

" (5) The receiver may be removed, and a new receiver may be appointed, from time to time by the mortgagee by writing under his hand.

" (6) The receiver shall be entitled to retain out of any money received by him, for his remuneration, and in satis faction of all costs, charges, and expenses incurred by him as receiver, a commission at such rate, not exceeding five per centum on the gross amount of all money received, as is specified in his appointment, and if no rate is so specified, then at the rate of five per centum on that gross amount, or at such higher rate as the Court thinks fit to allow. on

application made by him for that purpose.

" (7) The receiver shall, if so directed in writing by the mortgagee, insure and keep insured against loss or damage by fire, out of the money received by him, any building, effects, or property comprised in the mortgage, whether affixed to the freehold or not, being of an insurable nature.

" (8) The receiver shall apply all money received by him as follows (namely) : " (a) In discharge of all rents, taxes, rates, and outgoings whatever affecting the mortgaged property ; and " (b) In keeping down all annual sums or other payments, and the interest on all prin cipal sums, having priority to the mortgage in right whereof he is receiver ; and " (c) In payment of his commis sion, and of the premiums on fire, life, or other insur ances, if any, properly pay able under the mortgage deed or under this Act, and the cost of executing neces sary or proper repairs directed in writing by the mortgagee ; and " (d) In payment of the interest accruing due in respect of any principal money due under the mortgage : and shall pay the residue of the money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of the mort gaged property, or who is otherwise entitled to that property." The appointment of a receiver or manager of the property of a company is to be notified to the registrar of companies, By the Companies (Consolidation) Act, 190 :— " Section 94. (1) If any person obtains an order for the appointment of a receiver or manager of the property of a company, or appoints such a receiver or manager under any powers contained in any instrument, he shall within seven days from the date of the order or of the appointment under the powers con tained in the instrument give notice of the fact to the registrar of com panies, and the registrar shall, on payment of the prescribed fee, enter the fact in the register of mortgages and charges.

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