Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, to [names of not less than four commissioners], greeting:

Whereas lately in the King's Bench Division of our High Court of Justice, in a certain action there depending, wherein A. B. is plaintiff and C. D. and others are defendants [or in a certain matter then depending intituled "In the matter of E. F.," as the case may be], by a judgment [or order, as the case may be] of our said Court made in the said action [or matter], and bearing date the day of, 19-, it was ordered that the said C. D. should [pay into Court to the credit of the said action the sum of £- or as the case may be]: Know ye, therefore, that we, in confidence of your prudence and fidelity, have given and by these presents do give to you, or any three or two of you, full power and authority to enter upon all the messuages, lands, tenements and real estate whatsoever of the said C. D., and to collect, receive and sequester into your hands not only all the rents and profits of his said messuages, lands, tenements and real estate, but also all his goods, chattels and personal estate whatsoever: And therefore we command you, any three or two of you, that you do at certain proper and convenient days and hours go to and enter upon all the messuages, lands, tenements and real estate of the said C. D., and that you do collect, such judgment or order refuses or neglects to obey the same according to the exigency thereof, the person prosecuting such judgment or order shall, at the expiration of the time limited for the performance thereof, be entitled, without obtaining any order for that purpose, to issue a writ of sequestration against the estate and effects of such disobedient person. Such writ of sequestration shall have the same effect as a writ of sequestration in Chancery had before the commencement of the principal Act, and the proceeds of such sequestration may be dealt with in the same manner as the proceeds of writs of sequestration were before the same date dealt with by the Court of Chancery."

By Ord. XLII., r. 31, “ Any judgment or order against a corporation wilfully disobeyed may, by leave of the Court or a Judge, be enforced by sequestration against the corporate property, or by attachment against the directors or other officers thereof, or by writ of sequestration against their property."

By Ord. XLIII., r. 7, " No subpoena for the payment of costs, and, unless by leave of the Court or a Judge, no sequestration to enforce such payment shall be issued." As to this writ, see generally 2 Pract. 14th ed. 907 et seq.

It will be observed that these Rules do not make the writ of sequestration available in the case of an ordinary judgment for recovery of money (see Hulbert v. Cathcart, [1894] 1 Q. B. 244).

The above form of præcipe is given in R. S. C., App. G., No. 6. The form of writ is in App. H., No. 13.

take and get into your hands not only the rents and profits of his said real estate, but also all his goods, chattels and personal estate, and detain and keep the same under sequestration in your hands until the said C. D. shall [pay into Court to the credit of the said action the sum of £case may be] clear his contempt, and our said Court make other order to the contrary. Witness [&c., as usual; see form No. 2, ante, p. 391].

I, S. C., of

3. Affidavit to obtain Writ of Sequestration (x).

[Title, &c., of action as usual.]

or as the

[clerk to X. Y., of the same place], solicitor in this action to the above-named [plaintiff] A. B., make oath and say as follows:

day of

19-, at

1. I did on the [place of service], personally serve the above-named [defendant] C. D. with a true copy of the order [or judgment] in this action dated the day of, 19—, and

at the same time I produced and showed to the said C. D. the original order [or judgment] then duly passed and entered.

2. The copy of the said order [or judgment] so served as aforesaid was at the time when the same was so served indorsed with a memorandum in the following words, namely, "If you, the within-named C. D., neglect to obey this order [or judgment] by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the same order [or judgment]."

3. The said C. D. has not, within the time limited by the said order [or judgment], namely, [specify the time], done the act directed by the said order [or judgment], that is to say, he has not [specifying the act]. Sworn [&c., as usual].

This affidavit is filed [&c., as usual].

I.

SECTION VIII.-EQUITABLE EXECUTION BY APPOINTMENT OF

RECEIVER (y).

1. Affidavit in Support of Application for Equitable Execution.

day of

1. By a judgment of this Honourable Court dated the 19—, it was adjudged that the above-named plaintiff should recover

() This affidavit must be produced and filed, in order to obtain the issue of the writ without an order.

(y) Equitable Execution.]-Equitable interests in land cannot be taken in execution under an elegit. Under the present practice when the execution debtor is possessed of such an interest the judgment creditor may, after signing judgment, apply to the

and costs, which costs were

against the above-named defendant £afterwards taxed and allowed at £- [or as the case may be, stating the judgment]. The said judgment remains and is in full force, and no part of the moneys payable thereunder has been satisfied [or as the case may be, showing that the judgment is wholly or partially unsatisfied].

[2. On the

day of

19—, the said plaintiff sued out a writ

of fieri facias (or elegit) directed to the sheriff of the county of having execution of the said judgment.

for

3. From the return of the said sheriff to the said writ, dated the day of, 19, it appears that the said C. D. has no property available for execution under the said writ.]

4. I am informed by [state sources of information] and believe that the said C. D. has no property that can be taken in execution under a writ of fieri facias or elegit. [It should be shown that the debtor has no property available for execution by the ordinary means. Paragraphs 2 to 4, supra, are given as an example of the mode in which this may be done.]

5. The said C. D. is possessed of and entitled to [Here state the property to which the debtor is entitled and which may be made available by way of equitable execution, as for instance: is entitled to the equity of redemption of and in the following property, viz., subject to a mortgage of the same to one M. M., dated the securing £ and interest].

day of

19-, for

6. The said [describing the property] are of the value of £ [— and upwards, and of the clear yearly value of £ [- -].

7. By reason of the said [describing the property] being in mortgage as aforesaid, and the legal estate being vested in [M. M.], who is mortgagee

Judge in Chambers, by summons in the action, for the appointment of a receiver of the rents and profits of the land, without prejudice to the rights of prior incumbrancers. The Application.]-The application should be supported by affidavits showing the nature of the debtor's interest and the fitness of the proposed receiver, and it should also show that the creditor has done all that he can to realize the debtor's legal property, or that he has none.

The Order.]-The order will be made for the appointment of the plaintiff or some other person named to receive the rents or income of the property, without prejudice to the rights of prior incumbrancers (see form in Wells v. Kilpin, L. R. 18 Eq. at p. 300). Security.]-The order will generally be conditional on the receiver's giving security, unless the plaintiff be appointed, in which case he is generally appointed without salary or security. When the security is given the order relates back to the date when it was made.

Effect of Appointment of Receiver.]-The appointment of a receiver over the debtor's equitable interest in land to which he is entitled in possession, though conditional on the receiver giving security, operates as an immediate delivery in execution, and renders the judgment creditor a secured creditor, and entitles him to the benefit of the execution, under the Bankruptcy Act, 1883, ss. 9 (2), 45 (2), (Ex p Evans, 13 Ch. D. 252; see Re Harrison, [1899] 1 Ch. 465). But when the land is already legally though not actually in possession of a receiver in bankruptcy, the execution will be ineffectual (Salt v. Cooper, 16 Ch. D. 544). As to chattels, see Re Potts, [1893] 1 Q. B. 648.

as aforesaid, the said sheriff cannot cause the said [describing the property], or the defendant's estate therein, to be delivered in execution by virtue of the said writ of elegit.

8. It is desirable in order to enable me to obtain equitable execution of the said judgment against the equity of redemption of the defendant in the said [describing the property] that a receiver be appointed to receive the rents and profits, surplus or other proceeds of sale, and all other moneys to which the defendant is now or may be entitled arising from or in respect of the said [describing the property], but without prejudice to the rights of the said [M. M.] or of any other prior incumbrancers, and as regards the said [M. M.] or any other prior incumbrancers in possession without prejudice to such possession.

[9. The defendant is in pecuniary difficulties, and it is of the utmost importance that an interim receiver should be appointed immediately, and without any delay being occasioned by such receiver giving security and without previous notice to the defendant, and unless such receiver be so appointed and equitable execution obtained in manner aforesaid I verily believe that the defendant by assigning his estate or interest in the said [describing the property] on receiving notice of any application for the appointment of such receiver will deprive me of the benefit of the said judgment, and that I shall otherwise lose the benefit thereof.] [This paragraph should be used when the application is made ex parte.]

10. R. R., of

, is in my judgment a fit and proper person

2. Affidavit of Fitness of the proposed Receiver (z).

[Commence as usual.] 1. I have for years now last past known and been well acquainted with R. R., of, in the county of the person proposed to be appointed in this action the receiver of the rents and profits, surplus and other proceeds of sale, and all other moneys to which the defendant is now or may be entitled arising from or in respect of a certain [describing the property] situate at, in the county of 2. The said R. R. is and has for

years now last past been a

3. The said R. R. is a person of respectability and integrity and of good credit, and is in my judgment a fit and proper person to be appointed such receiver as aforesaid.

(2) The Receiver.]-The receiver does not take actual possession of the land; he only receives the rents.

3. Order on Ex parte Application, directing Summons and granting
Injunction meanwhile.

[Tifle, &c., of action as usual.]

Upon reading the affidavit of filed the day of 19Let the defendant C. D. attend the Judge in Chambers, Royal Courts of Justice, Strand, London, on day, the day of —, 19—, at o'clock in the -noon, on the hearing of an application on the part of the plaintiff for the appointment of R. R., of as receiver in this action, on all usual terms, to receive the rents, profits and moneys receivable in respect of the [said] defendant's interest in the following property, namely, [describe it], in or towards satisfaction of the sum of

£ debt, and £ costs, and interest on the said sums at £4 per centum per annum from the

ment in this action dated the

day of
day of

19-, due under the judg

19-.

And the plaintiff by his [solicitor] hereby undertaking to abide by any order the Court or a Judge may make as to damages in case the Court or a Judge should hereafter be of opinion that the [said] defendant shall have sustained any by reason of this order which the plaintiff ought to pay, it is ordered and directed that the said defendant, his agents and servants, and every of them, be restrained, and an injunction is hereby granted restraining them, and every of them, until after the hearing of the above application, from selling, charging or otherwise dealing with the said property. [The costs of and occasioned by this application and order to be reserved.] Dated the

day of

19-.

4. Summons for Appointment of Receiver.

[Formal parts as usual in application to Judge in Chambers] for an order that a receiver be appointed [or that R. R., of be appointed receiver] in this action to receive the rents, profits and moneys receivable in respect of the interest of the defendant C. D. in the following property, namely, [describing it], in or towards satisfaction of the moneys and interest due to the plaintiff under the judgment in this action dated the day of, 19-, and for an order as to the costs of this application. Dated [&c., conclude as usual].

or the

It is ordered that R. R., of, in the [county] of,

plaintiff], be appointed receiver, upon first giving security by bond to the