ART. 12.] MANUFACTURERS AND MINERS. 1265 ,

for trial at that term, and if not in session, then such issues shall
stand for trial at the next term, but no demurrer or plea in
abatement shall be allowed, nor shall the same on any account be
postponed; and if it shall appear from the finding of the court or
jury upon the said issues, or any of them, that such receiver
should not have been appointed, then he shall be discharged, and
pending the decision upon such issue, said receiver shall remain
in possession of the property of such individual, association or
body corporate, but shall not dispose of the same until the
determination of such issues, unless the court, under special
circumstances, shall see proper to direct him so to do, in which
case the proceeds thereof shall remain in his hands in lieu of said
property, to abide the result of said issues.

1878, ch. 108.

147. The receiver shall give bond in such penalty as the court
shall direct, with a surety to be approved by said court or the clerk
thereof, and shall be held liable for every default, negligence or
malfeasance in office of which he may be guilty.

Ibid.

148. He shall take charge of the personal estate, goods, chattels,
property and effects of every description whatever, other than real
estate, of such individual, association or corporation, and collect
and make available the evidences of debt, and sell and dispose of,
upon such terms as the court shall direct, the goods and chattels,
and pay off and discharge the debts owing from such individual,
association or corporation to the persons in their employ, and the
furnishers of raw material, or to each & pro rata proportion of his
claims; and there shall be no priority or preference allowed in
the payments of such claims, and no attachment, execution, mort-
gage, bond, deed, bill of sale, or deed of trust, or other lien, except
mechanics' liens, shall bind or operate as a lien upon said property
or debts to the prejudice or disadvantage of the employees, or
furnishers of raw material, as aforesaid; but the said claims, all
and severally, shall be first fully paid and discharged, or as far as
the same can be done, before any attachment, execution, mortgage,
bond, deed, bill of sale, deed of trust, or other lien, except as here,
inbefore specified, shall bind, hold, operate or take effect.

80