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[References are to sections and pages in body.]

POSSESSION OF RECEIVER, continued.

interfered with, by placards and advertisements, § 46, note, p. 130.

property in foreign jurisdiction, § 47, p. 132.

by landlord, § 47, p. 132.

as to collection of money, § 47, p. 132.

leave of court required, § 47, p. 132.

a contempt, when, § 45, p. 126.

under mistake of law may be contempt, § 47,

p. 132.

withholding possession of contract is, § 48, p. 133.

not on ground that appointment illegal, or improvidently made, § 44,
note, p. 122.

enjoined, 45, p. 126.

duty as to, generally, § 48, p. 133.

diligence required, § 48, p. 133.

when exercise excused, § 48, p. 133.

aid of court, § 48, p. 133.

protected in foreign jurisdictions, § 48, p. 133.

effect of, against foreign creditors, § 48, p. 133.
as to public improvements, § 49, p. 135.

as to new business, § 50, p. 135.

as to tenants, § 50, p. 135.

as to rents, § 51, p. 136.

as to set off, 55, p. 138.

as to exemptions, § 56, p. 139.

as to executors and administrators, § 57, p. 139.

as to title, 59, p. 142.

as to receiver's appointment, § 44, p. 122.

where lien has attached when receiver appointed, possession not af-

fected thereby, § 45, note, p. 126.

extent of, as to taxes, § 54, p. 137.

as to secured creditor, § 54, p. 137.

protected from levy, § 44, note, p. 122.

cannot be levied on and sold so as to confer title, § 44, note, p. 122.

in foreclosure, Appx. p. 695.

in another court, § 19, note, p. 56.

of corporation, peculiarities of, § 242, p. 416.

to whom restored on dismissal of bill, § 52, p. 136.

court will not make summary order on receiver to turn over property, § 48,
note, p. 133.

POWER OF COMPTROLLER OF CURRENCY,

to appoint receiver, § 252, a, p. 421.

See also NATIONAL BANKS.

POWER OF COURT.

to appoint receiver, discretionary, § 222, p. 347.

statutory as to corporations, § 221, p. 345.
limited, § 223, p. 349.

for insolvent corporation, § 228, p. 369.

over receiver of National Bank appointed by comptroller, § 252, c, p. 424.

[References are to sections and pages in body.]

POWER OF COURT, continued.

to appoint receiver over trust property, § 305, p. 539.
to compel assignment, § 63, p. 145.

as to choses in action, § 63, p. 145.

See also JURISDICTION.

POWER OF LIQUIDATORS,
generally, § 3, p. 3.

POWERS OF RECEIVER,

under English Judicature Act 1873, § 3, p. 3.

under "Companies' Act," § 3. p. 3.

under statutes of states, § 3, p. 3.

Delaware, § 4, p. 6.

Florida, § 4, p. 6.
Georgia, § 4, p. 6.

Idaho, § 4, p. 6.
Illinois, 4, p. 6.

Indiana, § 4, p. 6.
Iowa, 4, p. 6.
Kansas, 4, p. 6.
Kentucky, 4, p. 6.
Maine, § 4, p. 6.
Maryland, 4, p. 6.

Massachusetts, § 4, p. 6.

Michigan, § 4, p. 6.

Minnesota, § 4, p. 6.

Mississippi, § 4, p. 6.

Missouri, 4, p. 6.

Montana, § 4, p. 6.

Nebraska, § 4, p. 6.

Nevada, S 4, p. 6.

New Jersey, § 4, p. 6.

New York, § 4, p. 6.

North Carolina, § 4, p. 6.
North Dakota, § 4, p. 6.
Ohio, 4, p. 6.
Oklahoma, § 4, p. 6.
Oregon, § 4, p. 6.

Pennsylvania, § 4, p. 6.

Rhode Island, § 4, p. 6.
South Carolina, § 4, p. 6.
Tennessee, § 4, p. 6.

Texas, S 4, p. 6.

generally, S3, p. 3; § 24, p. 81.

source of, § 24, p. 81.

practice of court of equity, § 24, p. 81.

statutory enactment, § 24, p. 81.

embraced in order, § 25, a, p. 82.

[References are to sections and pages in body.]

POWERS OF RECEIVER, continued.

source of, English practice, § 25, a, p. 82.

American practice, S 25, a, p. 82.

practice of court, § 25, b, p. 83.
statutory enactments, § 25, c, p. 84.
limitation of, § 25, d, p. 85.

when terminated, § 25, e, p. 84.
under irregular appointment, § 25, f, p. 85.

retrospective action of courts, effect of, § 25, f, p. 85.

limited to order, § 25, note, p. 82.

Federal receiver must obey state law, § 25, c, note, p. 76.
expenditures in good faith, § 26, a, p. 85.

to borrow money, § 26, a, § 26, b, p. 85.

when authorized, § 26, b, p. 85.

to loan money, authority of court required, § 27, a, p. 87.
to whom to be loaned, § 27, b, p. 87.

when liable for interest, § 27, d, p. 87.

to compromise debts, authority of court required, § 28, a, p. 88.
may be general, § 28, b, p. 88.
statutory liability, § 28, c, p. 88.

no power to commute, § 28, d, p. 88.

to employ counsel, must be general or special, § 29, a, p. 89.
when order not required, § 29, a, p. 89.

compensation of, § 29, a, p. 89.

who employed, § 29, b, p. 90.

complainant's solicitor not eligible, § 29, b, p. 90.

to sue, generally, § 30, p. 91.

limitation of, § 30, b, p. 92; § 394, p. 611.

under direction of court, § 30, a, p. 92.

leave of court required, § 30, c, p. 92.

authority must be alleged, § 30, d, p. 92.

he must allege leave of court and equity of the party he represents,
69, note, p. 152.

when denied must be shown, § 71, note, p. 158.

grounds upon which receiver appointed need not be averred, § 71, note,
p. 158.

extent of power, § 30, e, p. 92.

as a rule confined to the power of the person or corporation, § 70,
note, p. 156.

in foreign jurisdiction, § 37, note, p. 108; § 63, p. 145.

English rule, § 37, b, p. 108.

in supplementary proceedings, § 70, c, p. 156.

to set aside irregular attachment, § 42, p. 119.

under creditor's bills, & 70, c, p. 156.

as representative of creditors, § 70, note, p. 156.

on bond assigned to him, § 72, note, p. 160.

on contract of insurance, Appx. p. 698.

for property converted, § 42, p. 119.

[References are to sections and pages in body.]

POWERS OF RECEIVER, continued.

to make repairs, under direction of court, § 31, a, p. 93.
authority of court, § 31, b. p. 93.

applied to railways, § 31, b, p. 93.

to purchase supplies, labor, etc., extent of, § 32, p. 94.
sanction of court when, § 32, p. 94.
application to railways, § 32, p. 94.
binds trust property. § 32, p. 94.

to continue business, limitation of, § 33, p. 96.
must be clearly shown, § 33, p. 96.

as to new business, § 33, p. 96.

as applied to partnership, § 33, p. 96.

as applied to railway receiverships, § 33, p. 93.

to complete contracts, § 33, note, p. 94.

to annul contracts, § 35, note, p. 102.

to sell, extent of, § 34, a, p. 98.

only on day named, Appx. p. 698.
order of court required, § 34, a, p. 98.
requisites of order, § 34, a, p. 98.
when ordered, § 34, a, p. 98.

evidence of sale-deed, § 34, b, p. 99.

what required of purchaser, § 34, b, p. 99.

confirmation of court required, § 34, b, p. 99.

application of rule of caveat emptor, § 34, b, p. 99.

protection of receiver in, § 34, b, 99.

attack of sale, how made, § 34, c, p. 101.

notice to purchaser, § 34, c, p. 101.

to perform contracts, not granted, generally, § 35, a, p. 102.

when court will require, § 35, a, p. 102.
receiver may avoid when, § 35, a, p. 102.

to lease, authority of court required, § 36, a, p. 104.

limitation as to time, § 36, a, p. 104.

to cancel lease, must be in reasonable time, § 36, b, p. 105.
in foreign jurisdiction, as to property, American rule, § 37, b, p. 109.
English rule, § 37, a, p. 108.

limitation of, generally, § 37, p. 108.

coextensive only with jurisdiction of court, § 37, note, p. 108.
to impeach fraudulent transactions, limitation of, § 38, p. 111.
as representative of creditors, § 38, p. 111.
as representing corporation, § 38, p. 111.

to collect stock subscriptions, prerequisites of, § 39, p. 115.
application of rule to banks, § 39, p. 115.
fraudulent cancelations, § 39, p. 115.

to issue certificates, incident to borrow money, § 40, p. 117.
authority of court required, $ 40, p. 117.

to appeal, limitation of, § 41, p. 117.

where personally interested, § 41, p. 117.
to take notes instead of money, § 42, p. 119.

[References are to sections and pages in body.]

POWERS OF RECEIVER, continued.

to receive money before due, § 42, p. 119.

to execute summary order of ejectment, § 42, p. 119.

as to rents accrued, § 42, p. 119.

to surrender collaterals, § 42, p. 119.

to satisfy mortgages, § 42, p. 119.

to compel disclosure of knowledge, § 42, p. 119.

not to be delegated, § 42, p. 119.

to use seal of corporation, § 42, p. 119.

may not be mortgagee of receivership property, § 42, p. 119.
to subject property to lien for storage, § 42, p. 119.

limited by charter of corporation, § 42, p. 119.

tender to, not good, § 42, p. 119.

as to discrimination in freight. § 42, p. 119.

to interfere with suit pending, § 42, note, p. 119.

may reduce wages of employees, § 46, p. 130.

discretionary power of receiver limited, § 6, a, p. 20.

has same power to redeem as corporation, § 70, note, p. 156.

to avoid fraudulent acts of corporation in New York, $ 74, note,
p. 170.

as to acts ultra vires, § 70, b, p. 156.

no power to avoid fraudulent payment made before appointment, § 72,
note, p. 160.

to interfere in suit pending, § 70, c, p. 156.

of insolvent corporation to represent creditors and stockholders, § 70, note
p. 156.

to enforce liability of stockholder, Appx. p. 697.

to enforce assessments, § 408, p. 623.

to bind as to title, not where owners not parties, § 71, note. p. 158.

to petition for statement of authority, § 400, p. 618.

to compromise doubtful claims, § 407, p. 623.

in supplementary proceedings, § 154, p. 256.

in foreign jurisdiction, § 158, p. 262.

in case of partnership, § 209, p. 336.

as manager of corporation, § 232, p. 377; § 402, p. 619.
general rule, § 233, p. 380.

to sue, 233, e, p. 382.

of National Bank, to sue, § 252, p. 419.

to sell, 254, p. 426.

respecting title, § 255, p. 429.

for railways, generally, $ 274, p. 471; § 283, p. 501.

to pay preferred claims, grounds of allowance, § 276, p. 476..

in payment of preferred claims, § 280, b, p. 494.

to disaffirm acts of officers, § 283, d, p. 503.

to restrain illegal acts, § 283, e, p. 503.

limitations of, § 284, p. 507.

when they cease, § 6, b, note, p. 22.
See also FUNCTIONS.

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