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RECEIVER , in See also: English See also: law, an officer or manager appointed by a See also: court to administer See also: property for its See also: protection, to receive See also: 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 See also: judgment creditor to obtain payment of his See also: 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 See also: chancery, but by the Judicature See also: Act 1873 it is now within the power of all
divisions of the High Court to appoint receivers
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Their See also: powers and duties are exhaustively set 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 See also: probate; (d) mortgagor and mortgagee; (e) debtor and creditor; (f) public companies; (g) vendor and purchaser; (h) covenanter and covenantee; (i) See also: tenant for See also: life and remainderman; (j) partners; (k) lunacy; (l) tenants in See also: common; (m) possession under legal title, and (n) other cases
.
The See also: appointment of receivers is entirely within the discretion of the courts, and the power may be exercised " in all cases in which it shall appear just and convenient." Application for a receiver is usually made by motion, and the court will appoint the fittest See also: person, without regard to who may propose him, the appointment of a receiver being for the benefit of all parties
.
Under the See also: Conveyancing Act 1881, when a mortgagee has become entitled to exercise his powers of sale, he may, by writing under his See also: hand, appoint such person as he think See also: fit to be receiver
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In bankruptcy practice a receiver, termed official receiver, is an officer of the court who in this capacity takes possession on the making of a receiving See also: order, of all a debtor's assets
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He is also an officer of the See also: Board of See also: Trade with the duty of taking cognisance of the conduct of the debtor and administering his estates (see See also: BANK-
RUPTCY)
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Receiver-general is the title given to a chief receiver, more especially as applied to the collection of public revenue
.
The title survived in the Inland Revenue up to 1891, but it is now only used as the designation of an officer of the duchy court of See also: Lancaster, who receives the revenues, &c., of the duchy
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