WILLIAMSON v. WILSON. 427

as a means of winding up the affairs of this partnership in safety,
and with justice and equality to all concerned.(j)

It follows as a necessary consequence of appointing a receiver
before answer, that the selection of the person to be appointed
must be made by the Chancellor on the ex parte recommendation
of the party applying for the appointment. In England, the selec-
tion of a suitable person is, most commonly, referred to a master,
by whom both parties may be heard; but here, that duty must be
performed by the Chancellor himself. And, in this case, the
selection of a suitable person, as well as every other matter in
relation to the application for the appointment of a receiver, is now
as entirely open for consideration as if nothing had been previously
done. The appointment that has been made may be rescinded;
the continuance of a receiver may be altogether refused; or the
appointment may be now made more suitable to the circumstances
of the case.

The recommendations of those most interested, and who are
most likely to sustain injury without an appointment of a receiver,
have generally been most regarded. The being a near relation of
either party is not in itself an absolute disqualification, but it must
be allowed to have its weight when connected with other circum-
stances.

In this case I am of opinion, that the present receiver, David Wil-
liamson jun'r, ought to be removed. Jealousies have been excited
against him. He is the brother of one of the parties, and the son
of one who claims to be a large creditor of the firm. He is
admitted by the plaintiff to have taken an active part in this con-
troversy as his agent and friend. And he is charged by the defend-
ants with having been active by undue means to their great preju-
dice. His feelings and affections appear to have become too much
enlisted to permit him to be as unbiassed and impartial as a receiver
ought to be in winding up the partnership affairs of these insolvent
debtors.

Jacob Schley has been recommended by some of the creditors,
or those who allege, that they are creditors of the firm; and the
counsel of these litigating parties admit him to be in all respects
capable and fit; I shall therefore appoint him. This receiver will,
as usual, be at present invested with no other authority than to
receive and take care of the effects of these insolvents; but any

(j) Peacock v. Peacock, 16 Ves. 40.