RECEIPTOR. In Massachusetts this name is given to the person who, on a trustee process being issued and goods attached, becomes surety to the sheriff to have them forthcoming on demand, or in time to respond the judgment¹, when the execution shall be issued. Upon which the goods are bailed² to him. Story, Bailm. §124, and see Attachment³; Remedies.

RECEPTUS, civil law. The name sometimes given to an arbitrator, because he had been received or chosen to settle the differences between the parties. Dig. 4, 8 Code, 2, 56.

TO RECEIVE. Voluntarily to take from another what is offered.

2. A landlord, for example, could not be said to receive the key from his tenant⁴, when the latter left it at his house without his knowledge, unless by his acts afterwards, he should be presumed to have given his consent.

RECEIVER, chancery practice. A person appointed by a court possessing chan- cery jurisdiction⁵ to receive the rents and profits of land, or the profits or produce of other property in dispute.

2. The power of appointing a receiver is a discretionary power exercised by the court. the appointment is provisional, for the more speedy getting in of the estate in dispute, and scouring⁶ it for the benefit of such person as may be entitled to it, and does not affect the right. 3 Atk. 564.

3. It is not within the compass of this work to state in what cases a receiver will be appointed; on this subject, see 2 Madd. Ch. 233.

4. The receiver is an officer of the court, and as such, responsible for good faith and reasonable diligence. When the property is lost or injured by any negligence⁷ or dishonest execution of the trust, he is liable in damages; but he is not, as of course, responsible because there has been an embezzlement⁸ or theft. He is bound to such ordinary diligence, as belongs to a prudent⁹ and honest discharge of his duties, and such as is required of all persons who receive compensation for their services. Story, Bailm. §620, 621; and the cases there cited. Vide, generally, 2 Mudd. Ch. 232; Newl. Ch. Pr. 88; 8 Com. Dig. 890; 18 Vin. Ab. 160; 1 Supp. to Ves. jr. 455; 2 Id. 57, 58, 74, 75, 442, 455; Bouv. Inst. Index, h. t.

RECEIVER OF STOLEN GOODS, crim. law. By statutory provision the receiver of stolen goods knowing them to have been stolen may be punished as the principal in perhaps all the United States.

2. To make this offence complete, the goods received must have been stolen, and the receiver must know that fact.

3. It is almost always difficult to prove guilty knowledge; and that must in general be collected from circumstances. If such circumstances are proved which to a person of common understanding and prudence¹⁰ and situated¹¹ as the prisoner was, must have satisfied him that they were stolen, this is sufficient. For example, the receipt of watches, jewelry¹², large quantities of money, bundles of clothes of various kinds, or personal property of any sort, to a considerable value, from boys or persons destitute¹³ of property, and with-out any lawful¹⁴ means of acquiring them and specially¹⁵ if bought at untimely hours, the mind can arrive at no other conclusion than that they were stolen. This is further confirmed if they have been bought at an undervalue, concealed¹⁶, the marks defaced, and falsehood resorted to in accounting¹⁷ for the possession of them. Alison's Cr. Law, 330; 2 Russ. Cr. 253; 2 Chit. Cr. Law , 951; Roscoe, Cr. Ev. h. t.; 1 Wheel. C. C. 202.

4. At common law receiving, stolen goods, knowing them to have been stolen, is a misdemeanor. 2 Russ. Cr. 253.