Receivership

“ Receivership implies possession, and, if no bond can be required to guard against loss from taking or surrendering possession, it is difficult to perceive the significance of an additional injunction bond in a receivership case. ”

“ That the loan should have been secured by a receivership is just, but it would have been much better to have appointed a single American receiver instead of four men of different nations. In this international receivership there lies considerable danger. Friction is likely. France, England, Germany are suspicious of each other. The simplest act is liable to misconstruction, and one or another of the three sub-receivers is likely to feel his dignity and that of his nation affected, and squabbles are certain to arise. The American receiver, as is proper, is given the position of leadership. ”

“ When a claimant appears before a master in a federal receivership proceeding and proves a claim to share in the distribution of the receivership res, does he submit himself to the jurisdiction of the receivership court for the adjudication of his liability to the res, when the counterclaim asserted against him by the receiver is of a nature cognizable in equity and its adjudication is essential to a final disposition of the receivership proceeding? ”

“ The sole relief prayed by the bills was the appointment of receivers and the command of the court that property, shown to be in the lawful possession of the petitioner acting as a temporary trustee or fiduciary, be surrendered to them. A receivership is only a means to reach some legitimate end sought through the exercise of the power of a court of equity. It is not an end in itself. ”

“ An able receivership often results in the adjustment of difficulties and the return of the property to its owners on a paying basis. While in the case of assignee the appointment is by the individual, partnership, or corporation executing the deed of assignment which specifies the powers and duties of the assignee, in the case of receiver the appointment is by a court and the company so appointed acts as an appointee or ministerial officer of the court, and as such is directly subject to the court's orders. ”

“ The President of the United States will appoint and fix the salaries of the General Receiver of Dominican Customs, of the Deputy General Receiver of Dominican Customs, as well as of all other customs employees under the receivership. In cases of emergency, provisional appointments and removals for cause may be made in the discretion of the General Receiver, subject to the approval of the President of the United States. ”

“ In the absence of the receiver, his powers may be exercised by the following officers or persons in successive order, viz. a chief officer of customs, principal officer of coast-guard, inland revenue officer, sheriff, justice of the peace, and naval or military officer on full pay. These persons act as the receiver's agent and put the salvage in his custody, but they are not entitled to any fees nor are they deprived of any right to salvage by so doing. ”

“ Those paid for by the writer, and,Those paid for by the receiver. The first class, or that containing letters of correspondence, of which each pays for one, comprises probably five-sixths of the whole number of letters conveyed, and would be practically unaffected by the plan of invariable payment in advance; for it is obvious that so long as each party pays for one letter, it can be of no consequence whether he pays on the dispatch of his own, or on the receipt of his correspondent's. ”

“ Where the goods of a consignment are not all sent on board at the same time, it is usual for the master, mate, or other person in charge of the deck, and acting for the carrier, to give a receipt for the parcels as they are received, and when the whole consignment is delivered, the master, upon those receipts being given up, will sign two or three, or, if requested, even four bills of lading in the usual form, one being for the ship and the others for the shipper. ”

“ In England, likewise, it has long been recognized as a settled rule that under a contract to carry goods, containing an exception such as of 'breakage or leakage,' or of 'barratry of the master or mariners,' or of 'perils of the sea,' there still rests upon the carrier, not merely the duty to carry the goods if not prevented by the excepted perils, but also the obligation that he and his servants shall use due care and skill, and shall not be negligent in carrying the goods. ”

“ Receiv′er, one who receives: an officer who receives taxes: a person appointed by a court to hold and manage property which is under litigation, or receive the rents of land, &c.: one who receives stolen goods: (chem.) a vessel for receiving and holding the products of distillation, or for containing gases: the glass vessel of an air-pump in which the vacuum is formed: the receiving part of a telegraph, telephone, &c.; Receiv′er-gen′eral, an officer who receives the public revenue; Receiv′ership, the office of a receiver; Receiv′ing, the act of receiving ”

“ All persons having in their possession, or having knowledge of any public property, shall forthwith deliver in the same, or give notice thereof to the officer commanding, or to Lieutenant-Colonel Nicholl, who are duly authorized to receive and give the proper receipts for the same. ”

“ A payment of thirty dollars at one time constitutes a Life Member. Letters relating to boxes and barrels of clothing may be addressed to the persons above named.
FORM OF A BEQUEST.
“I bequeath to my executor (or executors) the sum of —— dollars, in trust, to pay the same in —— days after my decease to the person who, when the same is payable, shall act as Treasurer of the ‘American Missionary Association’ of New York City, to be applied, under the direction of the Executive Committee of the Association, to its charitable uses and purposes.” The Will should be attested by three witnesses. ”

“ A receiver is an officer of the court and acts under its instructions. In all dubious matters he can protect himself from liability by procuring an order of court or by refusing to act until authorized by an order of court. ”

“ It seems to us that these authorities are founded in good sense and convenience: until the parties, receiving the consignment or remittance, had done some act recognising the appropriation of it to the particular purposes specified, and the persons claiming had signified their acceptance of it, so as to create a priority between them; the property and proceeds remained at the risk and on the account of the remitter, or owner. ”

“ Therefore, when the service men, as a unit, came to demand something vitally necessary for the good of the country, it is possible that they might be answered: "We have paid you in money and have your receipt and that will be all for you." ”

“ I had been a surgeon in the line before the ship was chartered to the Americans, and, in some peculiar way, was transferred to Uncle Sam's army for service on the transport by signing a contract for a month and taking an oath which, as far as I could discover, was for the same length of time as the contract. ”

“ I know that one in your lordship's high station has several opportunities of showing favour to your dependants, as one of your generous temper does not want to be reminded of it when any such offer. I must therefore beg your lordship to believe that I think no more of what you were pleased to mention in relation to the Treasury, though the kind and condescending manner in which your lordship was pleased to communicate yourself to me on that subject, shall always raise in me the most constant and unfeigned zeal for your honour and service. ”

“ When a vessel belonging to the citizens or subjects of one of the High Contracting Parties is stranded or wrecked in the territories of the other, the respective Consuls General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case the owner or master, or other agent of the owner, is not present, to lend their official assistance in order to afford the necessary assistance to the citizens or subjects of the respective States. ”

“ I have known a man obtain credit for stopping a courier—waylaying him, I might rather call it—and taking by force a secret treaty from his hand, while the steady services of a life-long have gone unrewarded. ”

“ Every English merchant, having cargo to load or discharge, must give due intimation thereof, and hand particulars of the same to the [482] Consul, who will immediately despatch a recognised linguist of his own establishment to communicate the particulars to the Superintendent of Customs, that the goods may be duly examined, and neither party subjected to loss. The English merchant must also have a properly-qualified person on the spot, to attend to his interests when his goods are being examined for duty, otherwise, should there be complaints, these cannot be attended to. ”

“ It is the duty of a carrier to deliver the goods within a reasonable time according to the usage of trade, the ordinary course of business, or the terms of the contract.
(16.) We have seen that the responsibility of the carrier continues until he has effected delivery of the goods to the consignee, but much litigation has from time to time arisen as to what constitutes a good delivery. ”

“ When any manifest shall be produced, upon which there shall be no certificate from any officer of the customs as before mentioned, the master producing the same shall be required to make oath that no officer has applied for, and that no indorsement has taken place on, any manifest of the cargo of such vessel. ”

“ And the United States undertake to cause the Sum so awarded to be paid in Specie to such Creditor or Claimant without deduction; and at such Time or Times, and at such Place or Places, as shall be awarded by the said Commissioners, and on Condition of such Releases or assignments to be given by the Creditor or Claimant as by the said Commissioners may be directed; Provided always that no such payment shall be fixed by the said Commissioners to take place sooner then twelve months from the Day of the Exchange of the Ratifications of this Treaty. ”

“ Receivers, appointed by the court, though held to a stricter accountability than trustees, on account of their compensation, are nevertheless not liable for a loss without their fault; and they are entitled to manage the property and transact the business in their hands in the usual and accustomed way. ”

“ I hereby direct the Secretary of the Treasury to instruct the collectors of customs at the several ports of entry that upon being satisfied that such visitors come as guests, in pursuance of the aforesaid invitation, they shall permit the entrance of such foreign soldiers into the United States, with their personal baggage, uniforms, arms, and equipments, without payment of customs duties thereon, and without other formality than such as may be necessary to insure the reexportation of said uniforms, baggage, arms, and equipments. ”

“ To any man, who shall be approved by the Regulating Officer, part of the Bounty will be immediately paid, on his enrolment, either to himself or to his wife and family, or to any other person he may appoint to receive the same, and the remainder upon his being mustered on board of ship. ”

“ Every letter carrier shall give bonds, with sureties, to be approved by the Postmaster General, for the safe custody and delivery of all mail matter, and the faithful account and payment of all money received by him. Each letter carrier and substitute letter carrier shall, at the time of his appointment, give bond in the sum of one thousand dollars. It is preferred that bonds furnished by one of the surety companies authorized to act as sureties on official bonds be given. ”

“ And, even in that part of the testimony which tends to show that work was done after the appointment of a receiver, there is nothing to indicate how much was done, or whether it was done by the authority and direction of the receiver, or simply in completion of a cot ract theretofore entered into with the company. These are all the facts we deem it necessary to mention. ”

“ As illustrating transfers found to be related to purposes associated with life, rather than with the distribution of property in anticipation of death, the Government mentions transfers made 'for the purpose of relieving the donor of the cares of management or in order that his children may experience the responsibilities of business under his guidance and supervision.' The illustrations are useful but not exhaustive. The purposes which may be served by gifts are of great variety. ”

“ Enclosing this, we directed remittances to be made to Messrs. Barings of a sufficiency to cover all such bills on the W's as could not be relied upon for payment by those for whose accounts they had been drawn, and simultaneously we informed Messrs. Barings that remittances would be made to them to provide for such bills, so that our signature could be promptly honoured.
Communication with the Western world was long in those days; there were even no 'clipper' ships yet. Accustomed, however, to such delays, we waited patiently the result. Our first advices were from London. ”

“ If a merchant give an agent corn, wool, oil or any other goods to transport, the agent shall give a receipt for the amount, and compensate the merchant therefor. Then he shall obtain a receipt from the merchant for the money that he gives the merchant. ”

“ We hoped to receive before this time such instructions as might have been thought proper to be sent to us for rendering more perfect the definitive treaty. We know nothing of what has been approved or disapproved. We are totally in the dark, and therefore, less pressing to conclude, being still (as we have long been) in daily expectation of hearing from you. By chance only, we learn that Barney is arrived, by whom went the despatches of the Commissioners, and a considerable sum of money. No acknowledgment of the receipt of that money is yet come to hand, either to me or M. Gerard. ”