Receiver

A receiver is appointed upon a principle of justice for the benefit of all concerned. Every kind of property of such a nature that, if legal, it might be taken in execution, may, if equitable, be put into his possession. Hence the appointment has been said to be an equitable execution. He is virtually a representative of the court, and of all the parties in interest in the litigation wherein he is appointed. He is not appointed for the benefit of either of the parties, but of all concerned.

One who receives money to the use of another to render an account. Story, Eq. Jur. § 446. A person standing indifferent between the parties, who is appointed by the court to take the charge and management of property pending litigation, or for the benefit of the persons who may ultimately be entitled to it. 16 Wend. (N. Y.) 421; 80 111. 468. Receivers are appointed in various proceedings and for various special purposes, but the general design of a receiver is to hold and protect the subject of litigation, whether it be specific property, or the assets of an insolvent. RECEIVER GENERAL OF THE DUCHY of Lancaster. An officer of the duchy court, who collects all the revenues, fines, forfeitures, and assessments within the duchy. RECEIVER GENERAL OF THE PUBLIC revenue.

In English law. An officer appointed in every county to receive the taxes granted by parliament, and remit the money to the treasury.

A receiver is an indifferent person between the parties appointed by the court to collect and receive the rente, lasues, and profits of land or the produce of personal estate or other things which it does not scem reasonable to the court that either party should do; or where a party is incompetent to do so, as in the case of an infant The remedy of the appointment of a receiver is one of the very oldest in the court of chancery, and is founded on the inadequacy of the remedy to be obtained in the court of ordinary jurisdiction. Bisp. Eq. § 576. See Hay v. McDaniel, 26 Ind. App. 683, 60 N. E. T29; Hale v. Hardon, 95 Fed. 773, 37 C. O. A. 240; Wiswall v. Kunz, 173 III. 110, 50 N. E. 184; State v. Gambs, 68 Mo. 297: Nevitt v. Woodburn, 190 111. 283, 60 N. E. 500; Kennedy v. Railroad Co.. (C. C.) 3 Fed. 103. One who receives money to the use of another to render an account. Story, Eq. Jur. § 446.

In criminal law. One who receives stolen goods from thieves, and conceals them. Cowell. This was always the prevalent sense of the word in the common as well as the civil law.

— Receiver general of the duchy of Lancaster. An officer of the duchy court, who collects all the revenues, fines, forfeifures, and assessments within the duchy.

— Receiver general of the public revenne. In English law. An officer appointed in every county to receive the taxes granted by parliament, and remit the money to the treasury.

— Receiver of fines. An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton.

— Receivers and triers of petitions. The mode of receiving and trying petitions to parliament was formerly judicial rather than legislative, and the triers were committees of prelates, peers, and judges, and, latterly, of the members generally. Brown.

— Receiver's certificate. A non-negotiable evidence of debt, or debenture, issued by authority of a court of chancery, as a first lien upon the property of a debtor corporation in the hands of a receiver. Beach, Rec. § 379.

— Receivers of wreck. Persons appointed by the English board of trade. The duties of a receiver of wreck are to take steps for the preservation of any vessel stranded or in distress within his district; to receive and take possession of all articles washed on shore from the vessel; to use force for the suppression of plunder and disorder; to institute an examination on oath with respect to the vessel'; and, if necessary, to sell the vessel, cargo, or wreck. Sweet.

I. fr. To receive; to admit.

1. In equity practice, a person appointed by a court to take charge of funds or property while sub judice, make sales, collect proceeds or increase, and render account. mode, in chancery practice, of preserving the property involved in a suit until its termination; also of making judicial sales, in a class of cases. Thus, in a suit to dissolve partnership or to foreclose a railway mortgage, it has been common for the complainant — either because of apprehension that the property might be lost or dissipated, if left in defendant's care during the litigation, or because of some advantage or necessity as to making sale of the property — to move for and obtain appointment of a receiver. The same remedy is in frequent use under codes of reformed procedure, where it is treated as a provisional remedy, ancillary to the civil action in which the plaintiff is seeking the ultimate relief. The receiver is not a permanent stated officer of the court, but a person appointed for the particular cause. He is, however, regarded as an officer, in the discharge of his trust, and has most of the privileges and protection of an officer of chancery, so far as appropriate; gives bonds, as may be required by the court, and then comes into possession and charge of the property in qupstion, and cares for it or disposes of it as its nature requires, and the orders and decrees of the court from time to time may command. 2. Receiver is also a generic term for various officers, — more numerous in England than in America, — the chief classes of which are mentioned below. 3. In criminal law, receiver is used briefly for receiver of stolen goods. To receive such goods, with guilty knowledge and intent, is a punishable offence by statute, throughout England and the United States. In England, receiving any chattel, money, valuable security, or other property wh atsoever, obtain ed by felony, knowing the same to have been so feloniously obtained, is a felony, for which the receiver may be indicted and convicted, either as an accessory after the fact to the principal felony or as for a substantive felony, and, in the latter case, whether or not the principal felon shall have been previously convicted. The offence is punishable with penal servitude for any period between five and fourteen years, or with imprisonment for labor, and with or without solitary confinement, and (if a male under the age of sixteen years) with or without whipping. (24 §• 25 Vict. ch. 96, § 91.) Brown. In the United States, the mode of proof and measure of punishment vary somewhat under the local statutes. Receiver of fines. An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton. Receiver of petitions. The form and contents of petitions to parliament are governed by much more precise and exacting rules than obtain in American legislatures (see Petition); and, in former years, a distinct class of ofl Scers was attached to parliament whose duty it was to receive, and scrutinize in the first instance, all petitions preferred to that body. The mode of receiving and trying such petitions is said to have been formerly judicial rather than legislative; but the functions of the triers have now given way to the authority of the parliament at large. By the house of lords, indeed, receivers and triers of petitions are still appointed at the opening of every session, as in aucient times. But petitions are, by both houses, considered now in the first instance, and only referred to triers or committees in certain cases. See May Pari. Pr. Receiver of wrecks. The title of a class of English officers appointed by the treasury in different districts to summon as many men as may be necessary, to demand help from any ship near at hand, or to press into their service any wagons, carts, or horses, for the purpose of preserving or assisting any stranded or distressed vessel, or her cargo, or for the saving of human life. 2 Steph. Com. 544. Receiver-general. The receiver-general of the public revenue; an English officer appointed in every county to receive the taxes granted by parliament, and remit the money to the treasury. Wharton. The receiver-general of the duchy of Lancaster is an officer belonging to the duchy court, who gathers in all the revenues and fines of the lands belonging to that duchy, and all forfeitures and assessments belonging to the same. Brown.

chancery practice, i8 @ person appointed by a court possessing chancéry jurisdiction to receive the rents and profits of land, or the profits or produce of other property in dispute. The power appointing a receiver is a discretionary power exercised by the court. The appointment is provisional, for the more speedy getting in of the estate in dispute, and securing it for the benefit of such person as may be entitled to it, and does not affect the right. 3 Atk. 564. It is not within the compass of this work to state in what cases a receiver will be appointed; on this subject, see 2 Madd. Ch. 233. The receiver is an officer of the court, and, as such, responsible for good faith and reasonable diligence. When the property is lost or injured by any negligence or dishonest execution of the trust, he is liable in damages; but he is not, as of course, responsible because there has been an embezzlement or theft. He is bound to such ordinary diligence, as belongs to a prudent and honest discharge of his duties and such as is required of all persons who receive compensation for their services. Story, Bailm. § 620, 621; and the eases there cited. Vide, enerally, 2 Madd. Ch. 232; Newl. h. Pr. 88; 8 Com. Dig. 890; 18 Vin. Ab. 160; 1 Supp. to Ves. jr. 455; 2 Ib. 57, 58, 74, 75, 442, 455. RECEIVER OF STOLEN