Page:United States Statutes at Large Volume 76A.djvu/401

–305– -305but delivery of the property shall be ordered to the officer making the levy subject to the claim of the heir, legatee, or devisee, or any person claiming under him. The property may not be delivered to the officer making the levy until the decree distributing the interest has become final. Subchapter V—Receivers § 381. Appointment of receivers generally A receiver may be appointed by the district court in an action pending therein: (1) in an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or funds is in danger of being lost, removed, or materially injured; (2) in an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; (3) after judgment, to carry the judgment into effect; (4) after judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment; (5) in the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; and (6) in all other cases where receivers have heretofore been appointed by the usages of courts of equity. § 382. Appointment of receivers upon dissolution of corporations Upon the dissolution of a corporation having its principal place of business in the Canal Zone, the district court, on application of a creditor of the corporation, or of a stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the moneys and other property that remain over among the stockholders or members. § 383. Qualifications of receivers; undertaking on ex parte appointment A party, or attorney of a party, or person interested in an action, may not be appointed receiver therein without the written consent of the parties, filed with the clerk. If a receiver is appointed upon an ex parte application, the court, before making the order, shall require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of the receiver and the entry by him upon his duties, in case the applicant has procured the appointment wrongfully, maliciously, or without sufficient cause. At any time after the appointment, the court may require an additional undertaking.

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