CHAPTER 53. EXTRAORDINARY REMEDIES.
ARTICLE 6. SPECIAL RECEIVERS.
§53-6-1. Special receiver -- Appointment generally; bond; notice
of application for appointment.
A court of equity may, in any proper case pending therein, in
which funds or property of a corporation, firm or person is
involved, and there is danger of the loss or misappropriation of
the same or a material part thereof, appoint a special receiver of
such funds or property, or of the rents, issues and profits
thereof, or both, who shall give bond with good security to be
approved by the court, or by the clerk thereof, for the faithful
performance of his trust, and for paying over and accounting for,
according to law, all such moneys that may come into his hands by
virtue of his appointment. But no such receiver shall be appointed
of any real estate, or of the rents, issues and profits thereof,
until reasonable notice of the application therefor has been given
to the owner or tenant thereof. A judge of such court in vacation
may appoint such receiver of any such property, except real estate,
and the rents, issues and profits thereof.
§53-6-2. Same -- Appointment by order of supreme court of appeals
or judge thereof in vacation.
When a circuit court, or judge thereof, shall refuse the
appointment of a receiver as aforesaid, a copy of the orders
entered in the proceedings in court, and the original papers
presented to it, or the judge in vacation, with the order of
refusal, may be presented to the supreme court of appeals, or a
judge thereof in vacation, who may thereupon order the appointment
to be made, and cause such order to be certified to the clerk of
such circuit court, who shall record the same in his chancery order
book, whereupon it shall be the duty of such circuit court or judge
to appoint such receiver, and require the bond as hereinbefore
§53-6-3. Same -- Accounting.
Any special receiver shall render an account of the funds or
property of which he is receiver when ordered to do so by the court
wherein the cause in which he is receiver is pending, or by the
judge thereof in vacation. Such accounting shall be before such
court or judge, or before any commissioner in chancery of such
court directed by such court or judge to take and state such
account, and shall constitute a part of the proceedings in such
Note: WV Code updated with legislation passed through the 2016 Regular Session
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