CHAPTER XVI.

MISCELLANEOUS; AND, ADDENDA.

TENANT.

RENT. TITLE DEEDS. LEGATEE AND EXEC

UTOR. AMENDING COMPLAINT AFTER

MOTION FOR

A RECEIVER AND BEFORE ARGUMENT.

PRAYER OR

DEMAND FOR A RECEIVER.

Tenant. Rent.

Ir a tenant, having a lease, should assign his interest to another person, and the receiver takes rent from the latter, such receiver cannot, afterwards, revert back to the original tenant: Cane v. Bloomfield, 1 Hogan, 345. "As the receiver," said the master of the rolls, "has received rent from the

assignee as tenant, he cannot attach the lessee; "and his only remedy against him is at law. I will, "therefore, allow the cause shown against the atแ tachment, but not give costs, because it does not appear that the lessee served notice on the re"ceiver that he had assigned his interest. The "order will be without prejudice to the receiver "proceeding at law."

66

Where tenants of lands, over which there is a receiver, cannot pay their rent from a depreciation in produce or for any other just cause, they or the

receiver can petition the court, showing why there should be an abatement and asking for a reference to a master to report whether such abatement should not take place and from what periods: Lateward v. Schreiber, C. P. Cooper's Reports of Points of Practice, &c., 1 vol., p. 46.

The order would run: That it be referred to S. C., Esquire, &c., to inquire and state to the court whether it will be proper and for the benefit of the said [complainant], to make any, and if any, what abatements from the rents now payable by the several petitioners for their respective farms and from what periods such abatements, if any, ought to take place; and after the referee shall have made his report, such further order shall be made as shall be just.

The after-order will recite sufficient of the ref eree's report to show the amount of abatements, and then, simply order the receiver to make them accordingly.

Where a tenant in possession purchases part of a mortgage, he cannot make that a sufficient ground of objection to the mortgagee's application for a receiver. In Archdeacon v. Bowes, 3 Anstr. 752, a second mortgagee, complainant, applied for a receiver. This was objected to by one of the defendants, who had purchased from the complainant a part of his mortgage, and who was in possession, as tenant, of a part of the estate, the rent of which was equal to the interest he was entitled to receive upon the mortgage. The court thought that the defendant could not unite his two characters of mortgagee and tenant; and that his possession, being as tenant,

could not be set up against the other mortgagee. And the order for a receiver was granted.

Where trustees of rents quarrel amongst themselves and thereby such rents are permitted to fall into arrear to the detriment of the cestui que trust, a receiver will be appointed: Wilson v. Wilson, 2 Keen, 249.

In Ireland, a receiver has been allowed to employ and relieve the poor tenants of the estate, when there was general scarcity and distress: Jackson, a minor, 2 Hogan, 238.

Title Deeds.

Where title deeds are required by a referee or master, to carry a sale into effect and make out a title (under an order of the court) and the same are in the possession of a party having a beneficial interest in the property, who makes default in bringing the deeds into the proper office, an order for a receiver will be granted, in order to expedite the proceeding: Brigstocke v. Mansel, 3 Mad. C. R. 47.

Legatee and Executor.

A receiver was appointed in a case where the executor had not done what he could to get in the personal estate of his testator and had deprived infant legatees of the means of maintenance or advancement provided for them by the will: Richards v. Perkins, 3 Younge & Collyer, 299.

Amending Complaint after motion for a Receiver and before Argument.

If a plaintiff amends his complaint between the time of giving notice of a motion for a receiver and the hearing of the motion, it will be irregular; and the motion must be refused. The case of Gouthwaite v. Rippon, 1 Beavan's Ch. Rep. 54, is in point; and there the counsel for the defendant argued that it was irregular because the notice had been given on a record which no longer existed; and that, on the existing record, no notice of motion had been given.

Prayer or demand for a Receiver.

Demand or prayer for a receiver in a complaint by simple contract creditors against executors where the estate is alleged to be insolvent: And (if necessary) that a receiver may be appointed by this honorable court to collect in and receive the outstanding personal estate and effects belonging to the said J. K. [and the rents and profits of his real estate And that the said defendants may be restrained by the injunction, &c.

Prayer for a receiver in a complaint filed by creditors against an executor of a debtor who died at sea and where the merchandise of the latter was also at sea: And that a proper person may be appointed by this honorable court to collect and receive the outstanding personal estate of the said W. S., and particularly to receive the said 97 bales of cotton now on board the ship E. as aforesaid; and that such per

son, so to be appointed such receiver, may be authorized or may be at liberty to lay out and expend a sufficient sum of money to insure the safe arrival of the said cotton in E.; and may be directed to sell such cotton when the same shall arrive in N. Y.; and to receive the money to arise from the sale thereof and to apply a sufficient part of such money in repaying what he shall expend in respect of such insurance as aforesaid and in paying all necessary and proper expenses attending the receipt and sale of the said cotton; and to pay the surplus of such money into this court in trust in this action. And that such person, so to be appointed such receiver, may be directed to receive all such dividends and sums of money as shall arise and be paid in respect of the debts of these plaintiff's aforesaid. And that the said defendants, J. B. &c., may be respectively restrained, &c.

Prayer for a receiver in a bill by legatees against executors in trust, where misapplication of property is charged: And that the said testator's personal estate now outstanding and so much thereof as remains in specie may be collected and converted into money and may be invested and secured on the trusts of the said will; and that some proper person may be appointed to collect and receive the said personal estate. And that the said defendant may be ordered to deliver up the personal estate remaining in her hands to such person; and may be restrained from collecting and receiving such parts thereof as are outstanding; and that the said defendant may be