Page:Federal Reporter, 1st Series, Volume 6.djvu/789

 BHAINWALD V. LEWIS. 777 �The text-writers lay down the same principle passim. Thus Barbour says: "TJpon a creditor's bill every species of prop- erty belonging to a debtor may be reached and applied to the satisfaction of his debts, and his debts, choses in action, and other equitable rights may be assigned or sold pending the decree of the court for that purpose. 2 Barb. Ch. Pr. 15a. Under the practice of the New York courts of chancery it was held that the order of reference should authorize the master to appoint a receiver of ail the property, equitable interests, things in action, and effects belonging to the debtor. * * * It should also require the defendant to assign to the receiver, under the direction of the master, ail his property and effects. ** High on Eec. § 415; 1 Barb. Ch. 309, 315-17; 1 Sandf. 723. But a diseretionary power is sometimes exercised as to the amount of the debtor's property to be assigned. High on Eec. § 429. Ile was compelled, as we have seen, to assign even when he denied that he had any property. Bloodgood V. Clark, supra. �Until the statute of 1 and 2 Victoria, c, llO, § 20, writs of execution were unknown to the English courts of chancery. Daniell, Ch, PI. and Pr. 1042. �"The decrees of the court were enforced by process of con- tempt, and the party entitled to the benefit of the decree might obtain a writ of sequestration directing the commis- sioners therein named to sequester the personal property of the defendant, and the rents and profits of his real estate, until he had cleared his contempt. Originally, this process was merely used as a means of coercing the defendant by keeping him out of the possession of his property; and the practi'ce of applying the money received by the sequestrators in satisfaction of the sum decreed to be paid is of compara- tively modern origin. This, however, as we shall see in the next section, bas become the usual course of procedure, and the court will now, after a sequestration bas been issued to> enforce a decree for the payment of the money, order the sequestrators to apply what they have received by virtue of the sequestration in satisfaction of the duty to be performed." Daniell, Ch. PI. and Pr. 1032-3. ��� �