person who appears entitled, and does not affect the right.(b) It does not, for instance, alter the possession of the estate in the person who shall be found entitled at the time the receiver was appointed, so as to prevent the statute of limitations running on during the right in dispute.(c) All guardians, receivers, and committees of lunatics or idiots, who have been, or may be, appointed by the Court of Chancery, if the clear annual value of the estate committed to their management exceeds the sum of three hundred dollars, shall once in every two years, and if of less value, once in every three years, in the terms of January or September, exhibit to the court, and file with the register or assistant register, an account of their guardianships, or other trusts, and of the balance of money that may then be in their hands respectively, that the said court may take proper order for the disposition and improvement thereof; that any such guardians, receivers, or committee, may, if disposed so to do, render such account once in every year, during the said term, and that the register or assistant register who shall enter their appointments, shall upon the appointment of any guardians, receivers, or committees, furnish them with a certified copy of this rule.(d) The appointing a receiver rests in the sound discretion of the court, and forms no ground for a demurrer to a bill praying for the appointment.(e) Where a trustee was restrained by injunction from interfering with the trust estate, and a receiver appointed by the court, and it became necessary to bring (b) 2 Mad. 187. Ship v. Harwood, 3 Atk. 564. (d) Rule 45. (e) Verplank & others v. Cains & Wife, (c) 2 Mad 187 2 Atk. Sharp v. Car- 1 Johns. Ch. Rep. 57. ter, 3 P, Wms. 379. suits at law to recover the possession of the lands, and collect moneys belonging to the trust estate, the court, on application of the cestuy que trust, ordered the receiver to bring the suits in security, to indemnify the trustee, on account of such suits, and that the receiver should hold the possession of lands recovered, and moneys received by him, subject to the further order of the court.(f) In Chancery. Of proposing a Receiver. Between SA. A. B. Complainant, C. D. Defendant. The plaintiff proposes E. F. of the city and county of New-York, gentleman, to be the receiver of the estate in the county of Richmond, in the pleadings in this cause named, and the said E. F. proposes G. H. of the city and county of New-York aforesaid, and I K. of the county of Richmond aforesaid, his sureties. Each of the sureties must make an affidavit that he is worth double the amount of the yearly rent of the estate, in the following form: In Chancery. Between A. B. Plaintiff, C. D. Defendant. E. F. of the city and county of New-York, and I. K. of the county of Richmond, severally make oath and say, the first deponent, E. F. for himself saith, that he is worth the sum of dollars, after all his debts. (ƒ) Green & others v. Winter, 1 Johns, Ch, Rep. 60, 2. For the payment of court. are paid; and the deponent I. K. for himself saith, that he is worth the sum of dollars, after all his debts When it appears by defendant's answer, or upon his money into examination before the master, or by the master's report, (a) that money is due, a motion may be made for payment of the money into court, (b) but the court will not order a balance upon charge and discharge in the master's office to be paid before the master has made his report.(c) In the case of an executor admitted to have property of the testator in his hands, it was formerly thought necessary for the plaintiff to show that the executor had abused his trust, or that the fund was in danger from his insolvent circumstances, but that, it seems, is not now necessary, (d) and in all cases, not only upon an affidavit of the insolvency of the executor, but where there is an admission by him of a balance in his hands after payment of debts, he will be ordered to pay the money into court,(e) and Lord Eldon has frequently stated the rule still more broadly, and ordered into court all moneys acknowledged by an executor's answer to be in his hands, except what might be necessary to be immediately applied. (a) 2 Mad. 304. Gordon v. Rothby, 3 Ves. 673. (b) 2 Mad. ib. Quarrel v. Beckford, 14 Ves. 178. (d) 2 Mad. ib. Strange v. Harris, 3 Bro. C. C 365. (e) 2 Mad. ib. Blake v. Blake,2 Sch. & Lefr. 26. Rutherford v. Dawson, 2 Ball & (c) 2 Mad. ib. Fox v. Macreth, 3 Bro. Beatry, 17. C. C. 45. All deposits and payments of money in this court, shall be made either with the register or assistant register, or in the bank in which such deposits are required by law to be made; and by procuring a credit to be entered in the register or assistant register's bank book, for the amount thereof; and until such money shall have been so paid, and such credit entered, such payment or deposit shall not be considered as valid so as to stay or affect any proceedings in the court, (f) (see Deposits;) and whenever any money is ordered to be paid by the register or assistant register of the court for costs, the duplicate receipt of the solicitor receiving the same, endorsed on a copy of the taxed bill of costs, shall with the receipt entered in the ordinary receipt book of such register, be the exclusive evidence of such payment, in passing the account of such register or assistant register.(g) For a defendant (a feme covert) to answer separately. fendant a feme an swer separate A married woman, if she cannot conscientiously 5. For a deswear to the answer drawn by her husband, may apply covert to for an order to answer distinct and separate from her y. husband; if the husband insists upon the wife putting in the answer he wishes, it is punishable by contempt of court.(a) If a husband is plaintiff in a suit, and makes his wife a defendant, she may answer separately without an order of the court for that purpose, (b) but if she refuses to answer, an attachment it seems, may issue in the first instance, but the better mode is first to move for an order that she may first answer(c) regularly; the answer of a feme covert, if separate, ought 4. For leave to defend in ria. to have an order to warrant it; but if the feme covert's separate answer be put in without an order, and the same be a fair and honest answer, and deliberately put in with the consent of the husband, and the plaintiff accepts of it, and replies to it, the court will not at the instance of the wife, or her executor, set it aside (d) If a feme covert answer alone without leave of the court, the answer will be suppressed upon motion. (e) For leave to defend in forma pauperis.(f) A defendant swearing he is not worth dol forma paupe- lars, his just debts being paid, and his wearing apparel excepted, will on motion or petition, be admitted to defend the suit in forma pauperis, nor is any certificate necessary, as it is on the application of a pauper plaintiff. An affidavit that the defendant is not worth more than dollars, or pounds, except the matters in question, will not entitle him to defend, in forma pauperis, where it appears the defendant is in possession of the land in question.(g) (d) 2 Mad. Idem. page Duke of (f) 2 Mad. 216. (g) Spencer v. Bryant, 11 Ves. 49. Chandos v. Talbot, 2 P. Wms. 370. |