port with the assistant register of this court, and on motion of R. S. Esq. it is ordered that the said security be, and the same is hereby approved, and that the appointment of the guardian and committee be confirmed and made absolute.

OF SUNDRY MOTIONS MADE IN SUNDRY CASES,

Special Contents.

I. To appoint a receiver.

II. For the payment of money into court.

III. For a defendant (a feme covert) to answer separately.

IV. For leave to defend in forma pauperis.

V. To stay proceedings till cross bill is answered.

VI. For the production of deeds.

VII. To suspend the execution of a decree.

VIŲ. To restrain a creditor from suing at law.

IX. To enlarge the time for the payment of mortgage money.

X. For leave of a trustee to lease infant's estate.

XI. For leave to prosecute or come in under a decree.

XII. To confirm a report nisi or absolute.

XIII. For a purchaser to complete his purchase.

To appoint a Receiver.

a receiver.

A RECEIVER may be appointed before or after an an- 1. To appoint swer, and after a decree,(a) but the nature of the appointment, and the duties of the receiver, are the same in whatever stage of the suit he is appointed.

The power of appointing a receiver is a discretionary power, exercised by the court, of great utility, and is provisional only for the more speedy getting in of a party's estate, and securing it for the benefit of such

(a) 2 Mad. 187. Cooke v. Gwyn, 3 Atk. 699.

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 this rule.(d)

of

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, 8 P, Wms. 379.

suits at law to recover the possession of the lands, and collect money's 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,
and

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,
and

C. D. Defendant.

E. F. of the city and county of New-York, and I. K. of the county of Richmond, severally make oath the first deponent, E. F. for himself saith, that dollars, after all his debts

and say,

he is worth the sum of

(ƒ) Green & others v. Winter, 1 Johns. Ch. Rep. 60,

are paid; and the deponent I. K. for himself saith, that dollars, after all his debts

he is worth the sum of

are paid.

Sworn to this

day of

1818, before me,

2. For the payment of

court.

I. H. Master in Chancery.

For the payment of money into Court.

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, S 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. Beatty, 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

covert to answer separate

A married woman, if she cannot conscientiously s. For a deswear to the answer drawn by her husband, may apply for an order to answer distinct and separate from her 17. 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