RECEIVER. In Practice. One who receives money to the use of another to ren der an account. Story, Eq. Jur. 446. They were at common law liable to the action of account-render for failure in the latter portion of their duties.
A person appointed by a court possessing el.ancery jurisdiction, to receive the rents and profits of land, or the profits or produce of other property in dispute.
2. He is a ministerial officer of the court itself, 1 Ball &B. Ch. Ir. 74 ; 2 id. 55 ; 2 Sim. & S. Ch. 98 ; 1 Cox, Ch. 422 ; 9 Ves. Ch. 335 ; 11 Ga. 413, with no powers but those conferred by his order 'V appointment and the prac tice of the oourt, 6 Barb. N. Y. 589; 2 Paige, Ch. N. Y. 452, and which do not extend be yond the jurisdiction of the court which ap points him, 17 How. 322 ; appointed on be half of all parties who may establish rights in the cause, 1 Hog. Ir. 234 ; 3 Atk. Ch. 564; 2 Md. Ch. Dec. 278 ; 4 Madd. Ch. 80 ; 10 Paige Ch. N. Y. 43 ; 4 Sandf. Ch. N. Y. 417 ; and' after his appointment neither the owner nor any other party can exercise any acts of ownership over the property. 2 Sim. & S. Ch. 96.
A receiver is appointed only in those cases where in the exercise of a sound. discretion it appears necessary that some indifferent person should have charge of the property, 1 Johns. Ch. N. Y. 57 ; 25 Ala. N. s. 81 ; 1 Hopk. Ch. N. Y. 435 ; 3 Abb. Pract. N. Y. 235 ; only during the pendency of a suit, 1 Atk. Ch. 578 ; 2 Du. N. Y. 632 ; except in extreme cases, 2 Atk. Ch. 315 ; Shelford, Lun. 147 • 2 Dick. Ch. 580, and ex parte, 14 Beav. Rolls, 423 ; 8 Paige, Ch. N. Y. 373, or before answer, 13 Ves. Ch. 266 ; 16 id. 59 ; 4 Price, Exch. 346 ; 4 Paige, Ch. N. Y. 574; 2 Swanst. Ch. 146, in special cases only ; and, generally, not till all the parties are be fore the court. 2 RU88. Ch. 145 ; 1 Hog. Ir. 93; 14 Bost. Law Jour. 79.
3. One will not be appointed, except under special circumstances making a strong ease, where a party is already in possession of the property under a legal title, 19 Ves. Ch. 59 ; 1 Ambl. Ch. 311 ; 2 Younge & C. Ch. 351, as a trustee, 2 Brown, Ch. 158 ; 1 Ves. & B. Ch. Ir. 183 ; 1 Mylne & C. Ch. 163; 16 Ga. 106; 2 Jae. & W. Ch. 294; 2,n executor, 13 Ves. Ch. 266 ; tenant in common, 2 Dick. Ch. 800; 4 Brown, Ch. 414 ; 2 Sinn. & S. Ch. 142; a mortgagee, 4 Abb. Pract. N. Y. 235 ; 13 Ves. Ch. 377 ; 16 id. 469 ; 1 Jac. & W. Ch. 176, 627 ; 2 id. 553 ; 1 Hog. Ir. 179 ; or of mort gagor when the debt is not wholly due, 5 Paige, Ch. N. Y. 38 ; a director of a corpo
ration in a suit by a stockholder, 2 Halst. Ch. N. J. 374 ; where the property is or should be already in ae possession of some court, as during the contestation of a will in the proper court, 2 Atk. Ch. 378 ; 6 Ves. Ch. 172 ; 2 Ves. & B. Ch. Ir. 85, 95 ; 7 Sim. Ch. 512 ; 1 Mylne & C. 97; 2 id. 454 ; but see 3 Md. Ch. Dec. 278 ; when admiralty is the proper forum, 5 Barb. N. Y. 209. or where there is already a receiver, 1 Hog. Ir. 199 • 10 Paige, Ch. N. Y. 43 ; Ired. Eq. No. C. 210 ; 11 id. 607 ; nor, ou somewhat similar grounds, where salaries of public officers are in question, 1 Swanst.Ch. 1 : 2 Sim. C h. 560 , 4 id. 566 ; 10 Beav. Rolls. 602; 2 Paige, Ch. N. Y. 333, or where a pub lic office is in litigation, 9 Paige, Ch. N. Y. 507 ; where the equitable title of the party ask ing a receiver is incomplete as made out, Is where he has delayed asking for one, 1 llog. Ir. 118 ; 1 Donn. Min. Cas. 71 ; or where the necessity is is not very apparent, as on account merely of the poverty of an executor, 12 Yes. Ch. 4 ; 1 Matld. Ch. 142 ; 18 Benv. Rolls, 161 ; see 4 Price, Exch. 346 ; pending re moval of a trustee, 16 Ga. 406; where a trustee mixes trust-money with his own. 1 Hopk. Ch. N. Y. 429.
4. Generally, any stranger to the suit may be appointed receiver.
The court will not appoint attorneys and solicitors, 6 Ves. Ch. 137 ; 1 Turn. & It. Ch. 460; see 1 Hog. Ir. 322; inastere in chancery, 6 Ves. Ch. 4'2.7 ; an officer of the corporation, 1 Paige, Ch. N. Y. 517 ; sec 8 Paige, Ch. N. Y. 385 ; a mortgagee, 2 Term, '238 ; 9 Yes. Ch. 271; 10 id. 405 ; see 1 Vern. Ch. 316 •, 2 Atk. Ch. 120; 2 Schoales & L. Ir. Ch. 301 ; a trustee, 3 Ves. Ch. 516 • 8 id. 72 ; 11 id. 363 ; see 3 Mer. Ch. 695'; a party in the cause. 2 Swanst. Ch. 118 ; 2 Jac. & W. Ch. 255. See (3 Harr. Ch. 620.
He is responsible for good faith and reason able diligence. When the property is lost or injured by any negligence or dishonest ex ecution of the trust, he is liable in damages ; but he is not as of course responsible be cause there has been an embezzlement or theft. He is bound to sueh ordinary dili gence as belongs to a prudent and honest dis charge of his duties, and such as is required of all persons who receive compensation fbr their services. Story, Bailin. fi 6S0, 621. See, generally, Edwards, Receivers, and Bou vier, Inst. Index.