or which may hereafter become due and owing, and invest the residue of said funds in public securities and hold the same subject to the further order of this court.

7. That from the income of the said personal estate the said receiver pay the taxes and the expenses of insurance upon the real estate and such expenses of reasonable repairs as shall be necessary and proper, and all other necessary expenditures in the due administration of the estate, and also $10 for the costs of the motion for the appointment of the receiver.

8. That the residue of such income the said receiver pay to J. C., the widow of the said testator, until the decision of the action upon the merits, and until the further order of the court thereon, and subject to such further order as the court may make in relation to the commissions and expenses of the said receiver.

9. That the said receiver cause a printed copy of this order and the schedule hereto annexed to be served upon each of the parties to this action, and upon the persons holding contracts for the several parcels of real estate described in the schedule hereto annexed, and upon the several debtors of said estate.

10. That the said receiver from time to time pass his accounts, file inventories and pay and deliver over effects and balances as the court may direct.

11. That each and every of the parties to this action be and they hereby are enjoined and restrained from interfering in any manner with any of the property affected by this order until the court make other order to the contrary.

12. That in case the said executrix shall neglect to apply the rents, issues and profits of the real estate of said D. C., deceased, to the payment of taxes, insurance, and the making of proper and necessary repairs thereon, the plaintiffs may apply, on the foot of this order, and proof of such neglect, for the extension of said receivership over said real estate and the rents, issues and profits thereof.

13. That in case the said D. J. C. or J. M. C. shall sell or attempt to sell or dispose of any of the real estate standing in the names of them or either of them, and in controversy in this action, or shall commit or allow any waste therein, that the plaintiffs may apply, on the foot of this order, and proof of such facts, for the extension of this receivership over said real estate and the rents, issues and profits thereof.

Enter: [signature of judge by initials of name and title.]

FORM No. 697.

Order of reference to appoint receiver of an estate; in case of executors or administrators.

[Commencement and recitals as in other Forms, continuing:]

, counselor

ORDERED, 1. That it be referred to R. F., of at-law, to appoint a receiver to receive the rents and profits of the said testator E. F.'s freehold and leasehold estates, and to collect and get in the said testator's outstanding personal estate, and the debts due or owing in respect of the said testator's business or trade of a merchant, carried on by him up to the time of his death, and afterwards by the said defendant Y. Z.

2. That the said referee take from such receiver a bond for the faithful performance of his trust in the sum of dollars, with two or more sufficient sureties, approved by said referee, and file the same with the clerk of this court.

3. That upon the filing of such security, and of the said referee's report, such receiver shall be vested with the usual rights and powers of receivers under this court.

4. That the tenants of the said estates are ordered to attorn and pay their rents in arrear and growing rents to such receiver, who is to be at liberty to lease the said estates from time to time, but not for a further term than [one year] at a time without the special order of the court.

5. That the said referee be at liberty to examine the said defendant Y. Z. as to the estate, stock, debts and effects of the said E. F. in his hands, possession, or power, or under his control; and that he, the said Y. Z., do, under the direction of the said referee, and on oath, if required, deliver over to such person so to be appointed receiver all and every the said estate, stock, debts and effects, and the muniments, books, vouchers and papers relating thereto. And in case there shall be occasion to put any of the debts in suit for the recovery thereof, the same is to be done after an order of the court to prosecute has been obtained [and if suit in the name of any person other than said receiver is necessary, such leave shall only be asked on notice to the person whose name is to be used; and such person is to be indemnified therein out of the said estate and effects].

6. That the person so to be appointed receiver pay the debts due from the deceased in the order required by the statutes relating to executors and administrators.

Enter: [signature of judge by initials of name and title.]

The clause in brackets is rarely necessary under the present practice, which allows the receiver to sue in his

own name as a trustee of an express trust, even when he is not assignee

V. FORECLOSURE.7

FORM No. 698.

Affidavit to obtain appointment of receiver in foreclosure.8

[Title of court and action.]

I. That he is the [plaintiff] in the above entitled action.

II. That this action is brought for the foreclosure of a mortgage executed by the defendants Y. Z. and B. Z., his wife, to secure the payment to the plaintiff of the sum of dollars on the

19 with interest, said mortgage being dated 19, and duly recorded on the 19 and covering premises in

[briefly describing them], which mortgage was given to secure a bond of even date made by said Y. Z., conditioned for the payment of said sum on said

III. That there is overdue and unpaid to plaintiff lars [of] the principal sum, with interest thereon, amounting to dollars insurance premiums paid by plaintiff pursuant to the terms of the mortgage; that the taxes for 19 and 19 to the amount of dollars, and an assess

dollars, which was payable on the 19, and water rates for

dollars, are unpaid; such liens amounting in the aggregate to the

sum of

dollars. Also show existence of prior mortgage, if any, and whether interest in default, or foreclosure pending].10

[If the premises have been conveyed.] IV. That the said Y. Z., subsequent to the execution and delivery of the mortgage, conveyed the premises [here state mesne conveyances and any assumptions of the mortgage debt].

V. That the mortgaged premises, upon a sale thereof at public auction, cannot bring sufficient to satisfy the mortgage debt due plaintiff, with interest, costs, and arrears of taxes, which amount in the aggregate to the sum of dollars; that the value of said premises is about the sum of dollars, as more fully

appears by the affidavits of M. N. and O. P. annexed.11

VI. That said premises, at the commencement of this action, were, and ever since have been, in the possession12 of the defendant [W. X. above named, under the conveyance above stated]. and that all persons in possession of said premises, as tenants or otherwise, at the time when this action was commenced, are defendants herein.

VII. That [the said W. X., who is now primarily liable for the debt secured by the mortgage, as well as] the defendant Y. Z., the mortgagor and obligor in the said bond, are both [is] pecuniarily irresponsible and unable to pay the probable deficiency of

10 Such facts shown by a second mortgagee, with facts raising a doubt as to the mortgage security, entitle him to a receiver. Browning v. Stacey, 52 App. Div. 626, 65 N. Y. Supp. 203.

11 Where there is no receivership clause in the mortgage, or pledge of the rents, the affidavit must show that the premises are inadequate security, and that the mortgagor is insolvent. Welche v. Schoenberg, 45 Misc. 126, 91 N. Y. Supp. 880; Ross v. Vernam, 6 App. Div. 247, 39 N. Y. Supp. 1031.

Or that ground rent and taxes are in arrears and the security doubtful. Howard v. Robbins, 170 N. Y. 498.

Or that the premises being doubt. ful security, have been sold for nonpayment of taxes, or that insurance is neglected, etc. Wall St. F. Ins. Co. v. Loud, 20 How. 95, LOTT, J.

Or that the mortgagor has received

insurance moneys on an injury to the premises, and has neglected to apply them to the mortgage debt. Hollenbeck v. Donnell, 94 N. Y. 342, 347, 29 Hun, 94.

An affidavit by plaintiff's attorney that he is informed by plaintiff that the security is insufficient, does not justify the court in appointing a receiver. Sickles v. Canaday, 8 App. Div. 308, 40 N. Y. Supp. 948.

12 An objection that part of the mortgaged premises for which a receiver is sought to be appointed, in foreclosure, is not in possession of the parties to the action, is no reason for refusing to appoint the receiver, where the party objecting does not disclose the names or title of those alleged to be in possession. Smith €. Tiffany, 13 Hun, 671.

dollars on the sale of the mortgaged premises, as appears

by the affidavit of M. N. annexed.

VIII. That the said premises are occupied for the purpose of and that the entire rentals and income therefrom, as your petitioner is informed and believes, amount to the sum of dollars annually and no more.

[If the mortgage pledges the rents,13 or contains a receiver's clause, or both.] IX. That the said mortgage contains the following clause [quoting].

FORM No. 699.

The same.— Affidavit to the proceedings, to annex.

[Title of court and action.]

M. C., being duly sworn, says:

I. That he is the managing clerk for the plaintiff's attorney in the above entitled action for foreclosure.

II. That the summons, complaint and notice of pendency of action herein, were duly filed on the

III. That the summons herein has been served on all the defendants therein named, either personally or by publication [or, without the State], pursuant to an order herein dated the day of

IV. That the only parties who have appeared herein, so as to be entitled to notice of this application, are the defendant W. X.,