Page:United States Statutes at Large Volume 31.djvu/503

FIFTY-SIXTH CONGRESS. SEss. I. Ch. 786. 1900; 451 gonért, and the judgment of the court shall be entered according to such n ings. _ ‘ Sec. 751. When an attorney refuses to deliver over money or papers {’¤¤¤¤¢¤i¤¤ to ¤¤5¤· to a person from or for whom he has received them in the course of iiieinoiitfrghhiiy S2; professional emdployment, whether in a judicial proceeding or not, he P°¥’°”· may be require , by an order of the court, to do so within a specified time or show cause why he should not be punished for a contempt. Sec. 752. If, however, the attorney claim a lien upon the money or Egg ¤¤¤r¤ ¤> vw plppers, uncllleplthe provisions of section sevenhundred and forty -two, Email. °"°m°y °1°u° t e- court s a — First. Impose, as a condition of makin the order, that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action; or, Second. Summarilg inquire into the facts on which the claim of a lien is founded, and etermine the same; or, Third. Direct the trial of the controversy by a jury, or refer it, and upon the verdict or report determine the same as in other cases. CHAPTER SEVENTY-sEvEN. or BECEIVEBS. Sec. Sec. 753. In what cases he may be appointed. j 754. His oath and undertaking. Sec. 753.`A receiver may be appointed in any civil action or pro- In what we he ceeding, other than an action for the recovery of specific personal my b° "°p°'°°°d‘ ro erty— . P First. Provisionally, before judgment, on the application of either party, when his right to the property which is the subject of the action or pfoceedintg, an which is in the possession of an adverse party, is pro able, an the property or its rents or profits are in danger of being ost or materially ugured or impaired; Second. After ju gment, to carry the same into effect; Third. To dispose of the dproperty according to the judgment, or to preserve it during the pen ency of an `appea , or when an execution as been returne unsatisfied and the debtor refuses to apply his propertiy in satisfaction of the judgment; ‘ ourth. In cases provided in this code, or by other statutes, when a corporation has been dissolved, or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights; Fifth. In the cases when a debtor has been eclared insolvent. Sec. 7 54. A receiver, before entering upon his duties, shall be sworn d Hiskivath wd unfaithfully to perform his trust to the best of his ability, and shall also °m ug' · file with the clerk of the court an undertaking, of one or more sufiicient sureties, in a specified sum, to be Exed by the court or judge thereof, to -the effect that he will faithfully discharge the duties of receiver and will obey the orders of the court or judge thereof in respect thereto. The sureties must justify in the same manner as bail upon an arrest. g _ ` .CHAP'1‘ER SEVENTY-EIGHT. or TEE TRIAL FEE. Sec. Sec. l 755. Trial fees. \ 760. When party too poor to pay. 756. Amount of. 761. Trial fee to be paid to the clerk. 757. Recovered as disbursement. 762. Trial fee in justice’s court. 758. Public corporation need not pay. 759. In justice’s court, when and to whom _ paid. Sec. .755. Parties to a judicial proceeding are required to contribute T'*°“°°¤· toward the expense of maintaining courts of justice, or a particular