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In future all Grants in custodiam to be made only in Trust for His Majesty; and Receiver may be appointed, on Judgment or Recognizance, over so much of the Debtor’s Lands as the Court shall direct.
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XXXI. And be it enacted, That from and after the Commencement of this Act no Grant in custodiam for Recovery of any Debt or Demand shall be made, save in Trust for His Majesty, and for a Debt due to the Crown, and certified to be so by the Attorney or Solicitor General for Ireland; and it shall be lawful for any Person entitled to sue out or who has already sued out a Writ of Elegit upon any Judgment recovered in any of His Majesty’s Courts at Dublin, or to issue or who has issued Execution in any Suit or Proceeding on any Recognizance there, to apply by Petition to the Court of Chancery or to the Court of Exchequer at the Equity Side thereof for an Order that a Receiver may be appointed of the Rents and Profits of the Entire and not of a Moiety only of all Lands, Tenements, or Hereditaments which he would be entitled to have extended or appraised under a Writ of Elegit, or extended, seized, or taken under a Writ of Levari facias, or other Proceeding, on such Recognizance, or to have a Receiver thereof appointed by that Court extended to that Matter; and it shall be lawful for the Court to appoint or extend a Receiver accordingly over the whole thereof, or over so much thereof as shall appear to it sufficient for the Purposes of paying the Sum due on such Judgment or Recognizance; and every such Petition shall state the Judgment or Recognizance, and the Sum due thereon, and shall be verified by the Affidavit of the Person interested, or such other Affidavit as the Court shall direct, stating the Sum due for Principal, Interest, and Costs, over and above all just and fair Allowances; and it shall be lawful for the said Court to require Proof by the Affidavit of the Party applying for such Order, or by such other Affidavit or Affidavits or Evidence as it shall require, of the Particulars and annual Rental or Value of the Lands over which such Receiver shall be sought.
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