§ 754. — Receivers of property in different districts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC754]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 49--DISTRICT COURTS
Sec. 754. Receivers of property in different districts
A receiver appointed in any civil action or proceeding involving
property, real, personal or mixed, situated in different districts
shall, upon giving bond as required by the court, be vested with
complete jurisdiction and control of all such property with the right to
take possession thereof.
He shall have capacity to sue in any district without ancillary
appointment, and may be sued with respect thereto as provided in section
959 of this title.
Such receiver shall, within ten days after the entry of his order of
appointment, file copies of the complaint and such order of appointment
in the district court for each district in which property is located.
The failure to file such copies in any district shall divest the
receiver of jurisdiction and control over all such property in that
district.
(June 25, 1948, ch. 646, 62 Stat. 922.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 117 (Mar. 3, 1911, ch.
231, Sec. 56, 36 Stat. 1102).
Word ``action'' was substituted for ``suit'', in view of Rule 2 of
the Federal Rules of Civil Procedure.
Section 117 of title 28, U.S.C., 1940 ed., applied to land or other
property of a fixed character lying in different States within the same
circuit. Words ``property, real, personal or mixed, situated in
different districts'', were inserted to broaden the scope of this
section to cover all property in different districts without respect to
situs ``within different states within same judicial circuit''.
The revised section permits the receiver appointed by any district
court to control all property of the defendant in whatever district the
property is situated. The provisions of section 117 of title 28, U.S.C.,
1940 ed., for divesting the receiver's jurisdiction and control of
property in other districts upon disapproval by the circuit court of
appeals or a judge thereof of the circuit embracing the district of
appointment was omitted as unnecessary in view of sections 1292 and 2107
of this title. Said section 1292 provides for review of the order of
appointment and the directions of the reviewing court will control the
receiver.
Provisions of section 117 of title 28, U.S.C., 1940 ed., relating to
process are the basis of section 1692 of this title.
Under section 117 of title 28, U.S.C., 1940 ed., failure to file
copies of the complaint and order of appointment in any district where
part of the property was located divested the receiver of jurisdiction
over all the property except that part located in the State where the
suit was brought. This has been changed by limiting the exception to the
district where the copies are not filed. Obviously the election of the
receiver not to take control of property in one district ought not to
preclude his control in those districts in which he did file such
copies.
Changes were made in phraseology.
Section Referred to in Other Sections
This section is referred to in title 18 section 1956.
