A Treatise On the Practice of the Supreme Court of the State of New York : Adapted to the Code of Procedure, As Amended By the Act of April 11, 1849, And the Act of April 16, 1852, And the Rules of the Supreme Court

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(6) Ibid. (7) "Weed t. Pierce, 9 Cow. Rep. 728.
(8) In re Pester, 2 Code Rep. 69. (9) Ibid.
PROCEEDINGS AFTER EXAMINATIOIT IS CLOSED. 107 the receiver to give security, (under the old practice it was required by the 191st rule of Chancery,) yet the judge will, ordinarily, refuse to ap- ' point any person receiver, unless security for the faithful discharge of the trust is given. It may therefore be laid down in practice that the receiver must give security. The amount of the security must be fi
...xed by the judge, and will be regulated by the amount or value of the property that is to pass into the hands of the receiver.
The security is a lond of the receiver, with sufficient sureties to be approved by the judge, in a penalty fixed by the judge, conditioned to obey the orders of the court in relation to the trust, and in all respects faithfully to discharge the' duties of the trust.
It is made, the duty of the judge who approves the security, to re- quire the sureties to justify, (1) which is done by an af&davit indorsed upon the bond.


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