664 INDEX.—1 BLAND.

PEACTICE.—Continued.

have been fully and correctly reported to the Court. Williamson v.
Wilson, 381.

7. It is sufficient, that the answer of an adult defendant be sworn to
before some Judge or Justice of the Peace within the State. Snow-
den v. Snowden, 516.

8. It was formerly the practice to send the commission to four, but now
it is sent to only one commissioner to appoint a guardian and take
the answer of an infant defendant within the State. If a person ap-
pointed as such a guardian accepts the trust, he may be compelled
to answer. But if the infant defendant be out of the State, the
commission to appoint a guardian and take his answer must be sent
to three persons. I b,

9. If a defendant be not in fact a non-resident, the order of publication
against him ie a nullity. Ib.

10. Under what circumstances, and at what stage of the case the plain-
tiff may be required to give security for costs. Mayer v. Tyson, 524.

11. An answer to a bill in Chancery may, by consent, be received without

oath. Billingslea v. Gilbert, 531.
See DEBTOR AND CREDITOR, 10.
DECREE, 1, 2, 13.
HUSBAND AND WIFE, 2.
LIEN, 9.
PLEADING, 9, 10, 30.

RECEIVER.

1. The appointment of a receiver does not involve a determination of
any right; but it can. only be made at the instance of a party who
has an acknowledged interest, or a strong presumptive title in him-
self alone, or in common with others; and where the property itself,
or its rents and profits are in danger of being materially injured or
totally lost. Hannah K. Chase's Case, 194.

2. The power to appoint a receiver is one of as great utility as any
which belongs to the Court, and is well established upon reason and
authority. Williamson v. Wilson, 381.

3. Where there has been a breach of duty by a partner, or the firm has
become insolvent, and a partner is wasting, or threatens to make
an improper application of the funds, a receiver may be appointed
before the coming in of the answer. Ib.

4. A receiver is considered as an executive officer of the Court, bound
so to keep the property placed in his hands, that it may be easily
traced, and immediately produced when called for; and on his fail-
ing to do so, he, or, on his death, his personal representatives may
be proceeded against in a summary way. Ib.

5. A receiver is an officer of the Court. He is considered as truly and
properly the hand of the Court; but his appointment determines no
right, nor does it affect the title to the property in any way: it will
not even prevent the running of the Statute of Limitations. Ib.

6. The holding of the receiver is the holding of the Court for him from,
whom the possession was taken, and therefore should any loss hap-
pen it must be borne by him from whom the property was taken,
not by the party at whose instance the receiver was appointed. 16.