copartnership property is held by insolvent hands: Bloodgood v. Clark, 4 Paige's C. R. 574.

When a motion for a receiver, in a case of limited partnership, has been made and granted, the following will serve as the form of ORDER :

Present, &c. [Title.]

At a court, &c.

On reading and filing notice of motion for a receiver on, &c.; and on motion of Mr. C. D., of counsel for the complainant (and hearing Mr. E. F. in opposition) it is ordered, that a receiver of the estate and effects of the special or limited partnership of S. & B. be appointed. And, with that view, it is also ordered, that it be referred to S. C., Esquire, as referee to appoint such receiver, who shall be consid ered as fully appointed and vested with all powers from the moment the referee's report of approval and the receiver's bond (with sureties and approval) are filed. And it is hereby ordered, that the said referee be at liberty to examine the said defendants, J. A. S., &c. (the general and special partners), as to the copartnership stock, premises, outstanding debts and effects, from the time the firm became insolvent and the property and effects came into their hands or the hands of any of them or into their possession or power or under their control; and that they do, under the direction of the said referee, and on oath, if required, deliver over to such person so to be appointed receiver, all and every the said copartnership stock, premises, outstanding debts and effects, together with all books and

papers relating thereto. And in case there shall be occasion to put any of the debts in suit for the recovery thereof, the same is to be done after an order of the court to prosecute has been obtained and on notice to the person whose name is to be used; and such person so to be appointed, is to make use of the names of the plaintiff's and defendants or either or any of them as counsel may advise for that purpose, who are to be indemnified therein out of the said estate and effects. And the plaintiff's and defendants are hereby restrained from receiving any debts due or to become due to the said firm; and also restrained from alienating, disposing of or removing any of the utensils or dead stock belonging to the trade or business of the partnership. And it is also ordered that the person so to be appointed receiver do, without delay, sell and turn into money such parts of the copartnership estate and effects as shall not consist of money. And likewise it is ordered, that he do pay the debts due and to become due from the said partnership. And also that the person so to be appointed receiver do, from time to time, annually, pass his accounts, file inventories, finally account and pay and deliver such effects and balances as the rules, practice or court may direct.

CHAPTER VIII.

MORTGAGOR AND MORTGAGEE.

WHERE circumstances make it probable or apparent that mortgaged premises are not a sufficient security, it will be well, in a complaint, to allege the inadequacy of the amount due the holder of the mortgage; and, pray for a receiver. It is to be understood that such an officer will not be appointed on a mere allegation that the mortgaged premises are not an adequate security "for "all just encumbrances thereon:" Warner v. Gouvverneur's Executors, 1 Barb. S. C. R. 36.

And so in the case of The Sea Insurance Co. v. Stebbins, 8 Paige's C. R. 565, it was decided that in a petition for the appointment of a receiver of mortgaged premises in a foreclosure suit, the plaintiff must state that the premises are not of sufficient value to satisfy his debt and costs and that the mortgagor or other person who is personally liable for the payment of the mortgage-debt is irresponsible or is unable to pay the expected deficiency. He must also show who is in possession of the mortgaged premises: as a receiver can only be appointed where the person in possession of the mortgaged premises by himself or his tenants is a party to the suit: Ib.

In a complaint for redemption, it will be well to insert a prayer for redemption. In Barlow v. Gains, 8 Beavan, 329, the court refused to grant a receiver at the hearing in a suit to redeem, there being no prayer asking for one in the bill.

Where the application for the appointment of a receiver is made for the first time in the cause, it must be heard in court; but where the application is only to supply the place of a receiver already appointed and whose office has become vacant by death or otherwise, it may be made in chambers: Grote v. Bing, V. C. Stuart, Dec. 9th, 1852, L. I.; 9 Hare's Chan. Rep. Appendix L.

P.

In Aberdeen v. Chitty, 3 Younge & Coll. 379, a receiver was appointed before answer in the case of an equitable mortgage, by deposit of title deeds.

And upon the bill of an equitable mortgagee, leave was given to serve the defendant, the mortgagor, before appearance, with notice of motion for a receiver (the bill not asking for an injunction); and the order was made, upon affidavit of service, for the appointment of the receiver, with liberty to the parties to propose themselves according to the notice: Meadon v. Sealey, 8 Hare's Chan. Rep. 620.

Two things are to be considered in connection with obtaining a receiver of mortgaged premises. First, the power to obtain one where the property is an inadequate security and the whole amount is due, even where the rents and profits have not been expressly pledged; and second, the non-appointment of one, where the debt is not due and no pledge made of rents and profits. All this is to be found

in the case of the Bank of Ogdensburg v. Arnold, 5 Paige's C. R. 38.

The chance of obtainment of a receiver is strengthened, where the mortgagor or other party in possession is liable for the debt and is insolvent: Warner v. Gouverneur's Executors, 1 Barb. S. C. R. 36; S. P. in Astor v. Turner, 2 Barb. S. C. R. 444, where it is also said, that although an owner of an equity of redemption is, at law, entitled to the rents and profits until a purchaser has a right to possession, yet, on an anticipated deficiency, the appointment of a receiver would operate as a lien on such rents and profits. And the like doctrine (on the presumption that all the mortgage money is due) will be found in Lofsky v. Maujer, 3 Sand. C. R. 69.

Although a complainant, in a foreclosure suit, may be entitled to a receiver of rents and profits pending the suit, where the premises will not bring sufficient to pay debt and costs and where the party who is personally liable is irresponsible, yet the appointment of such a receiver will be dispensed with if a defendant, in possession of the mortgaged premises, gives security to account for rents and profits, as the court may direct, in case there should be a deficiency on the sale under the decree: Sea Insurance Co. v. Stebbins, 8 Paige's C. R. 565.

In case a defendant, in a foreclosure suit, is in possession of the mortgaged premises by his tenant, who is not a party, the possession of such tenant cannot be disturbed by the appointment of a receiver; but he may be ordered to attorn to the receiver and to