The Advocate and news., 1899-01-11
published January II, 1897
Senate Bill No. 2.

AN ACT Amending Section 254 OF Chapter
so, Of the General Statutes OF 1889. en-
titled, "An Act to establish a code OF
civil procedure"
Be It enacted by the Legislature of the
State of Kansas:
Section /. That Section 254. of Chapter 80
Of the General Statute OF 1889, the same
being an act entitled San Act to establish
code of civil procedure" be amended
so as TO read as follows: A receiver may
District court or any Judge OF either, or
In the absence Of said judges from the
county by the probate Judge: First, In. an
action by q vendor to Vacate fraudulent
purchase of property, or by q creditor to
subject any property or fund to his claim
or between partners or other Jointly own
ing or interested in any property or fund
on the application Of the plaintim, or OF
any party whose right 70 Or interest IN
the property or fund or the proceeds
thereof Is probable, and where It
Is shown that the property or fund
Is In danger of being lost, removed
or materially injured. Second, in an action
by a mortgage for the foreclosure OF
his mortgage and sale OF the mortgaged
property where II appears that the mort
gagged property Is in danger of being lost,
removed or materially injured, or that the
condition Of the mortgage has not been
performed, and that the property Is prob
ably insufficient to discharge the mort
gage debt Third after Judgment to carry
the judgment into effect. Fourth after
judgment to dispose of the property ac-
cording to the Judgment or TO preserve J., it
during the tendency of an appeal, or In
proceedings in aid of execution, when
an execution has been returned unsat-
isfied, or when the judgment debtor re-
fuses to apply his property IN satisfac-
tion of the judgment Fifth, in the cases
provided in this code, and by special stat
utes when q corporation has been dis
solved, or is insolvent or in imminent dan
ger of insolvency, or has forfeited Its cor
pOrate rights Sixth, In all other cases
where receivers have heretofore been ap-
pointed by the usages of the courts OF
equity. Seventh, in all cases instituted
In the District court In the name OF the
State of Kansas or in the name OF the
board Of county commissioners OF any
county, or OF any city, township or mu-
nicipality, for the collection OF any delin-
quent tax, against any person. firm, cor
poratlon or owner maintaining or operating
any toll bridge over any stream or river,
the center Of the channel of which forms
the boundary line between this and any
other State: the court, on application or
the plaintiff, may appoint receiver OF the
property, real estate or personal. OF the
defendant alleged to be chargeable with
the payment of such delinquent tax, and
such receiver shall hold possess, manage
and control all such property under the
orders Of the court until the termination
0f the litigation relative to such tax.
this is amendatory be, and the same is
hereby repealed.
Section g. This act shall take effect and
be In force from and after its publication
in the official State paper
/ hereby certify that the above bill orig
mated in the Senate, and passed that body
A. M. SYARVEY.
President of the Senate.
MARION WATSON
Secretary of the Senate
Passed the House January 4th. 1899
WIN. d. STREET.
Speaker of the House
A. d. GILPIN,
Chief Clerk OF the House
Approved January 9Th, 1899.
j. w. LEEDY.
Governor
STATE OF KANSAS,
Of1ce Of Secretary OF State
/, W. r. Bush, Secretary of State of the
State OF Kansas, do hereby certify that the
above and foregoing is correct copy OF
the original enrolled bill now ON file In my