be made, shall have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of his appointment, and may, if they or he shall so think fit, direct any inquiries on these or other matters before making the appointment:" see also J. v. K., W. N. (84) 63.

By 27 & 28 V. c. 112, s. 1, no judgment entered up after the 29th of July, 1864, is to affect any land (of whatever tenure) "until such land shall have been actually delivered in execution by virtue of a writ of elegit or other lawful authority in pursuance ef such judgment."

Formerly, before equitable execution was applied for, it was necessary to issue a writ of elegit, and the practice continued after the 27 & 28 V. c. 112; but it has been decided that the appointment of a receiver, although not perfected by the giving of security (Exp. Evans, Re Watkins, 13 Ch. Div. 252), amounts to actual delivery in execution by a lawful authority within the meaning of the section: Hatton v. Haywood, 9 Ch. 229; Re Pope, 17 Q. B. Div. 743; and that it is therefore not necessary to issue a writ of elegit: Anglo-Italian Bank v. Davies, 9 Ch. Div. 275; Exp. Evans, sup. ; and if the land has been actually delivered in execution by the appointment of a receiver or other "process of execution," registration of such process is not necessary to give the creditor a charge on the land in priority to persons claiming under the debtor, including a purchaser for value without notice: Re Pope, 17 Q. B. Div. 743; but such registration is requisite before a summary order for sale can be obtained under s. 4 of the same Act: S. C.; and as to the remedy by sale, v. inf. Chap. XLVII., "MORTGAGES."

Since the Jud. Acts, it is not necessary for a creditor who has obtained judgment in a pending action to institute another action for the purpose of obtaining equitable execution; but application should be made in the action in which judgment was obtained: Anglo-Italian Bank v. Davies, sup.; Salt v. Cooper, 16 Ch. Div. 544; though the writ contains no claim for a receiver, and though final judgment has been given, as the action is "pending" within Jud. Act, 1873, s. 24 (7), so long as the judgment remains unsatisfied, and the expression "interlocutory order," in s. 25 (8), is not confined to orders before final judgment: Salt v. Cooper, sup.; Hart v. Hart, 18 Ch. D. 670, 680; Smith v. Cowell, 6 Q. B. Div. 75; and a receiver may be appointed to enforce payment of costs in proceedings for taxation under the Solicitors Act, s. 45: In re Peace and Waller, 24 Ch. Div. 495.

Where there is an existing receiver, the judgment creditor may obtain the benefit of his appointment; and where a receiver had been appointed in a partnership action in the Ch. D., a creditor who had recovered judgment against the firm in the Q. B. D., obtained an order in the Ch. D. giving him a charge on the partnership moneys coming to the receiver, but upon a submission that the charge was to be dealt with according to the order of the Court: Kewney v. Attrill, 34 Ch. D. 345; Form 3, sup. p. 666; and see Hope v. Croydon and Norwood Tramways Co., 34 Ch. D. 730 (where upon judgment in a debenture holder's action, the powers of the existing receiver were extended so as to give the Plt equitable execution against property not comprised in the debentures); and the Court may appoint another receiver, but not to act until the earlier receiver has been discharged: Salt v. Cooper, 16 Ch. D. 544.

Where before judgment in an admon action, a creditor obtained judgment against the executor, the receiver in the action was directed to pay the debt and costs, without prejudice to the question whether they were to be allowed the executor: Re Womersley, Etheridge v. W., 29 Ch. D. 557.

A receiver by way of equitable execution has been appointed to receive so much of a legacy to which a judgment debtor was entitled in expectancy, as, when receivable, would satisfy the debt and costs: Macnicoll v. Parnell, 35 W. R. 773; of a married woman's reversionary interest under a will: Fuggle v. Bland, 11 Q. B. D. 711; and of her separate property, in the absence of the trustees in proceedings by her for taxation of costs: Re Peace and Waller, 24 Ch. Div. 405; of the share of the debtor as one of the next of kin of a deceased intestate to whom admon had not been taken out: Mullane v. Ahern, 28 L. R. Ir. 105; of a life interest in settled funds: Oliver v. Lowther, 28 W. R. 381; 42 L. T. N.S. 47; of debts or sums of money payable to the judgment debtor to which garnishee proceedings were not applicable: Westhead v. Riley, 25 Ch. D. 413; and of the tolls and earnings

of a railway co.: Kingston v. Cowbridge Ry. Co., 41 L. J. Ch. 152; secus, the pension of a retired officer, which is rendered inalienable by the Army Act: Lucas v. Harris, 18 Q. B. D. 127; or where it depends on the discretion of trustees whether anything should be paid to the judgment debtor: Reg. v. Judge of Lincolnshire County Court, 20 Q. B. D. 167.

Where a defaulting trustee ordered to pay money into Court was out of the jurisdiction, a receiver was appointed of his equitable interest in this country, notwithstanding O. XLII. 4, which, even apart from r. 8, is not to be deemed exhaustive: Re Coney, C. v. Bennett, 29 Ch. D. 993; and see Re Whiteley, W. v. Learoyd, W. N. (87) 37.

If the receiver is required merely for the purpose of giving a charge, and it is not intended he should take possession, the appointment may be made without security, on the judgment creditor and receiver undertaking that he shall not act without the leave of the Court: Hewett v. Murray, 54 L. J. Ch. 572. And see Macnicoll v. Parnell, sup.; Fuggle v. Bland, sup.

But as the equitable relief can be granted only when proper parties are before the Court, a receiver of the property of a deceased person, though upon application made before the death, cannot be appointed in the absence of any person to represent the estate: In re Shephard, Atkins v. S., 43 Ch. Div. 131; and quare whether at law execution can be issued against the estate of a deceased person without any leave of the Court: Ib.

The receivership affects only the interest of the debtor: Wills v. Luff, 38 Ch. D. 200; and the judgment creditor cannot, by giving notice to the trustees, obtain priority over prior incumbrancers of a chose in action: Arden v. A., 29 Ch. D. 702; Scott v. Lord Hustings, 4 K. & J. 633.

For cases in which injunctions have been granted in aid of equitable execution, see Westhead v. Riley, 25 Ch. D. 413; Oliver v. Lowther, 28 W. R. 381; Archer v. A., W. N. (86) 66.

Before the Jud. Acts, the Court of Chancery would give assistance to a judgment creditor by way of equitable execution to recover money under the control of the Court which could not be reached by a fi. fa.: Watts v. Jeffryes, 3 M. & C. 412; and since the Acts a charging order can be made, without the appointment of a receiver, upon cash in Court; and having regard to S. C. F. R. 1886, r. 99, notice to the paymaster is sufficient, and no stop order is required: Brereton v. Edwards, 21 Q. B. Div. 488.

As against a railway co., a judgment creditor to whom the land has been delivered under an elegit is entitled to a receiver of the tolls and earnings: Kingston v. Cowbridge Ry., 41 L. J. Ch. 152.

A receiver will not be appointed in favour of a judgment creditor of the rents of lands charged with a sum payable at the death of the tenant for life in esse: Kenney v. K., Ir. Rep. 4 Eq. 181.

SECTION III.-POWERS OF MANAGEMENT-SPECIAL DIRECTIONS.

1. Tenant to attorn and pay Rent.

UPON motion &c., and upon reading an order [or orders] dated &c. [If so, and the chief clerk's certificate dated &c.], whereby it appears that A. has been duly appointed receiver of &c.; and an affidavit of the said A. and of B., filed &c., of personal service of the said order [or orders] [If so, and certificate], and of notice in writing, signed by the said A., on C. of &c., requiring the said C. to attorn to him as such receiver for the [Describe the property], occupied by him, situate at —, being part of the said estates, and to pay his rent in arrear and growing rent for the same to the said receiver; and of the said C.'s refusal [or neglect] to attorn to and become the tenant of the said

9. Receiver to repair Farm Buildings in accordance with

Specification.

LET the works and repairs on the farm in the occupation of &c., at &c., mentioned in the affidavit of &c., be done and executed by &c., according to the specifications and estimates contained in the exhibits marked K. and L. in the said affidavit referred to; And Let the said works and repairs be done and executed under the direction and superintendence of the Deft T., the receiver of the rents and profits of the trust estates in question in these actions; And Let, upon the said works and repairs being certified to have been properly executed according to the said several specifications and estimates, the said receiver be at liberty to pay to the said &c., the sum of £—, and be allowed the same on passing his accounts; And Let timber of the value of £-be taken off the said trust estates for the said repairs and works.-Thellusson v. Woodford, M. R., in Chambers, 12 April, 1855, B. 714; and see Dolman v. Curling, V.-C. K., in Chambers, 28 July, 1853, A. 1325.

For order for receiver to lease and rebuild, using timber, see Unwin v. U., V.-C. K., in Chambers, 16 March, 1853, B. 676.

For order for receiver to accept a surrender of a lease of part of the estates, on paying up arrears of rent and rates and taxes, see Dyer v. D., V.-C. S., in Chambers, 20 May, 1859, A. 1622.

For order for receiver to grant a licence to get clay and brick earth on a part of the estate, and to manufacture bricks thereon, the licensee paying a rent according to the number of bricks made, see Mellor v. Woodward, V.-C. S., in Chambers, 10 May, 1859, 1858, B. 1622.

10. Receiver to cut and sell Timber.

LET W., the receiver appointed in this action, be at liberty to cut down the timber and other trees mentioned in the affidavit of &c., filed &c., and to sell the same, and include the proceeds thereof in his accounts as such receiver; And Let the said receiver pay and retain out of such proceeds the costs, charges, and expenses of the applicants properly incurred of this application, and of cutting down and selling the said timber and other trees, such costs, charges, and expenses to be ascertained at Chambers, and allowed the receiver in his accounts. -A. G. v. Boothby, V.-C. K., in Chambers, 7 Feb. 1860, A. 659.

11. Inquiry as to cutting Timber, with consequent Directions. LET an inquiry be made whether there are any and what timber or other trees standing or growing on the estates &c., which are fit to be cut down; And Let such timber and other trees as shall appear to be fit to be cut down, be cut down and sold with the approbation of the Judge; And Let a proper person, upon his giving security, be appointed to receive the proceeds of such sale, and be at liberty to pay and retain thereout such costs, charges, and expenses of surveying, valuing, and selling such timber and other trees as the Judge shall

allow; And Let such person within (fourteen days) after the date of the chief clerk's certificate, or such other time as shall be thereby appointed, lodge the residue of the proceeds of such sale in Court as directed in the schedule hereto.-[Add Lodgment Schedule, Form 5.] -See Hitchcock v. H., V.-C., 10 Feb. 1827, A. 589.

12. Receiver to pay off Advance for renewing Leasehold.

AND Let the said receiver pass his accounts &c.; And Let the balances of the receiver's accounts be from time to time applied in paying the interest of the sum so to be advanced for such renewal as aforesaid, at the rate of £5 p. c. per ann., and in redeeming and paying off the principal of such last-mentioned sum, so far as the same will from time to time extend; And Let such payments be allowed to him in passing his accounts; And, after payment of such principal and interest, Let the residue (if any) of the receiver's balances be from time to time lodged in Court &c.-[Add Lodgment Schedule, Form 5.] -See Long v. E. Macclesfield, 28 Nov. 1796, MSS.

13. Receiver to pay Widow's Annuity.

LET W., the receiver appointed &c., be at liberty out of the moneys from time to time received by him on account of the rents and profits, interest, dividends, and annual produce of the real and personal estate of L., the testator in &c., to pay to F., the annuity of £- bequeathed to her by the will of the testator during her widowhood; And Let the receiver be allowed such payments in passing his accounts.-Cranswick v. Pearson, M. R., in Chambers, 1 March, 1862, A. 415.

14. Receiver to pay Annuities.

LET the receiver appointed &c., out of the rents and profits of the real estates of H., the testator in &c., pay to the annuitants in his will named the arrears now due (to them in respect) of their several annuities, and also (keep down the growing payments of) such annuities, as the same shall from time to time become due, at the times and in the manner in the said will mentioned; such payments to be allowed in his accounts.-Hopkins v. Walker, V.-C. K., 7 May, 1853, A. 1129.

For order for receiver to pay interest of mortgages, and annuitants, without prejudice, they agreeing to refund, should the Court so order, see Reynolds v. James, V.-C., 29 May, 1834, B. 1099.

15. Inquiry as to Rent-charges, and Receiver to pay the same

pari passu.

UPON motion &c.-Let, in addition to the inquiry directed by the order dated &c. [see sup., Section I., Form 33, p. 650], the following inquiries be made, that is to say; 2. An inquiry what rent-charges have been granted by the Defts, the M. and M. Ry. Co., to vendors to

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them of lands purchased for the purposes of their undertaking; 3. An inquiry who are now entitled to such rent-charges respectively; 4. An inquiry how such rent-charges respectively are secured; 5. An inquiry what is now due in respect of such rent-charges respectively; And Let, notwithstanding the said order dated &c., the receiver appointed by that order apply any balances now or hereafter in his hands after payment of the working expenses of the railway in meeting arrears of rent-charges, and the accruing payments thereof rateably pari passu so far as the same will extend; And Let the Plt be at liberty to attend the proceedings under the said order dated &c.— Forster v. The Manchester and Milford Ry. Co., V.-C. H., 9 Dec. 1875, A. 2037.

NOTES.

POSSESSION OR ATTORNMENT.

If the appointment is of the rents of real or leasehold estate, the owner, if in possession, will be ordered to deliver possession to the receiver: Griffith v. G., 2 Vez. 401; Davis v. D. of Marlborough, 2 Swa. 116; Baylies v. B., 1 Col. 548.

A writ of assistance, for which the writ of possession has been substituted (see O. XLVII. 2), might be issued to put a receiver in possession of land: Sharp v. Carter, 3 P. Wms. 379, n.; A. G. v. Tastett, V.-C. K., 31 Jan. 1855, Reg. Min. H. T. 125; but not to aid a receiver in distraining for rent: White y. Phibbs, Sau. & Sc. 88; and for the purpose of recovering possession of, and preserving, chattels which have been ordered to be delivered to a receiver, the writ may still be issued: see Wyman v. Knight, 39 Ch. D. 165; Cazet de la Borde v. Othon, 23 W. R. 110.

If the owner is not in possession, the tenants will be ordered to attorn and pay their rents in arrear and growing rents to the receiver: see sup. Form 1, p. 635; but this direction should be omitted where the estates are out of England (see as to Ireland, Re Trant, M. R., in Chambers, 8 July, 1857, B. 1366; S. C., 2 Sol. Jour. 11; from which it appears that, on reconsideration, the M. R. considered the direction to tenants of Irish estates to attorn should not have been inserted).

For form where there are other incumbrancers, see Form 11, p. 639.

By the 11 Geo. 2, c. 19, s. 11, attornments by tenants to strangers were made void, unless made in pursuance of a judgment (at law, or) decree or order (of a Court of Equity).

If the person in possession refuses to attorn, application should be made that he do: Reid v. Middleton, 1 T. & R. 455; the order is without costs; but if his tenancy appears, an order may be obtained that he deliver up possession, or pay an occupation rent: Hobhouse v. Hollcombe, 2 D. & S. 208; and a tenant who had not attorned was ordered to pay arrears in fourteen days, with costs: Hobson v. Sherwood, 19 Beav. 575; but the Court will not, by an interlocutory order before the hearing, charge a party in possession, and ordered to pay an occupation_rent, with such rent previous to the date of the order: Lloyd v. Mason, 2 M. & Cr. 487.

And where the possession, as of the mortgagor, is rightful, occupation rent will be payable from the date of demand by the receiver, and not from the date of the order appointing the receiver: Yorkshire Bldg. Co. v. Mullan, 35 Ch. D. 125.

The further order to attorn and pay rent should be on notice, and should limit a time: 0. XLI. 5; and may be enforced by attachment: O. XLII. 7, 26; and for order to turn over to the Queen's (Holloway) prison a tenant, brought up by habeas after attachment, for not attorning, see Masterman v. Prance, V.-C. P., 12 July, 1852, B. 906.

As to the effect of an attornment as creating a tenancy by estoppel between the tenant and receiver, but that it does not enure for the benefit of the person ultimately found to be entitled to the legal estate, see Evans v. Mathias, 7 E. & B. 602; Kerr, 142.