§ 1886. Jurisdiction Under the statute authorizing the appointment of receivers, a district judge may hear an application for the appointment of a receiver at chambers at any point in the judicial district, though it be outside the county wherein the action is pending.** A receiver may be appointed by the district court for an oil and gas lease beyond the jurisdiction, where the lease creates only an incorporeal hereditament, and in any event where the court has jurisdiction of the persons of interested parties.65 The district court has no power to appoint a receiver to take possession of property attached in actions wherein the court had acquired no jurisdiction."" § 1887. Notice-Order-Forms A receiver should not be appointed to take possession and control of a business and property from its owners, without notice to the persons to be affected, and before they have had an opportunity to be heard in relation to their rights, except in cases of the greatest emergency.67 Where the petition for a receiver fails to state facts sufficient to show that delay resulting from giving notice of the application to the adverse party would defeat or injure the petitioner's rights, the appointment of receiver without notice is error; 68 but the error is waived when the defendant moves to vacate the appointment, answers to the merits, and tries the issues.69 NOTICE OF APPLICATION To J. D., R. H., F. E., and F. C. You and each of you are hereby and by this instrument notified that on 19, at the hour of nine o'clock in the day of 64 Glass v. Gould, 138 P. 796, 41 Okl. 424; Rev. Laws 1910, § 4979. The district judge at chambers has jurisdiction to appoint a receiver in a cause pending in another county within his district. Pyeatt v. Prudential Ins. Co., 38 Okl. 15, 131 P. 914, Ann. Cas. 1915C, 894. 65 Huston v. Cox, 172 P. 992, 103 Kan. 73. 66 Barton v. Hanauer, 44 P. 1011, 4 Kan, App. 543. 67 Feess v. Mechanics' State Bank, 115 P. 563, 84 Kan. 828, L. R. A. 1915A, 606. 68 Union State Bank v. Mueller (Okl.) 172 P. 650; Pyeatt v. Prudential Ins. Co., 38 Okl, 15, 131 P. 914, Ann. Cas. 1915C, 894. 69 Union State Bank v. Mueller (Okl.) 172 P. 650. forenoon, or as soon thereafter as counsel can be heard, this plaintiff will make application to have the court appoint a receiver to take charge of the royalty claimed by said defendants under the deed and contract from A. M. and B. M. to J. D. of date of 19—, and the deeds and conveyances from said J. D. to said R. H. and F. E., and any other property or interest claimed by said defendants under said instruments. Of this the said defendants will take due notice and be governed accordingly. 19—, at o'clock m., and Received this writ served the same upon the following persons, defendants within named, at the times following, to wit: J. D., F. E., and F. C. 19—, by delivering to each of said defendants, personally, in said county, a true and certified copy of the within writ, with all the indorsements thereon, and upon R. H., 19, by leaving for said defendant at his usual place of residence in said county, with a member of the family over fifteen years of age a true and certified copy of the within writ with all the indorsements thereon, to wit: Mrs. R. H. Sheriff's Fees: Service and return, first person. Copies four summons.. Total By Sheriff, Deputy. (Caption.) ORDER APPOINTING RECEIVER Now, on this the day of, 19, this above entitled cause came on for hearing on the application of plaintiff for the appointment of a receiver to take charge of and receive and collect the rentals and royalty claimed by said J. D., R. H., and F. E., from in county, Okla-' the A. M. allotment, described as the homa. Plaintiffs appearing by their attorney, and the defendants, J. D., R. H., and F. E., appearing by their attorneys, and it further appearing to the court that the defendants have been given due and legal notice of such hearing, and the court having heard the testimony introduced by the plaintiffs in support of said application, and defendants J. D., R. H., and F. E. thereupon demur to the testimony introduced by the plaintiffs, for the reason and upon the grounds that the same is insufficient to authorize the court to appoint a receiver herein, and upon the same grounds move the court to deny the application for the appointment of a receiver herein, which demurrer and which motion were each by the court denied, to which action of the court the defendants above named and each of them except. After being fully advised in the premises the court finds that a receiver should be appointed in the above named cause. in It is therefore ordered and adjudged that H. H. be and is hereby appointed receiver to receive and collect the rentals and royalty from the A. M. allotment in county, Oklahoma, and claimed by said J. D., R. H., and F. E., or either of them. That said H. H. enter into a bond in the sum of dollars, with sureties to be approved by the clerk of this court, conditioned for the faithful performance of his duties as such receiver, and that he will be answerable for what he shall receive of such money, rentals, and royalty from said A. M. allotment. It is further ordered that said receiver hold said money, rentals, and royalty so received until further order of this court. And said receiver is further ordered and authorized to receive and collect all money, rentals and royalty from the said A. M. allotment which may be claimed by said J. D., R. H., and F. E., or either of them, or which is or has been payable to the said J. D., R. H., and F. E., or either one of them, from the A. M. allotment, and it is further ordered that said receiver take such steps to protect and care for same as may be necessary. And it is further ordered that said receiver from time to time at least once every quarter, make a report to this court of his proceedings in this behalf, and that he be at liberty to apply to this court for further directions as he may deem necessary upon proper notice. To all of which the defendants J. D., R. H., and F. E. ex hereby certify the within to be a true copy of the order in case No. A. M. et al. v. J. D. et al., in the district court, as the same appears on file and record in my office. § 1888. Eligibility "No party, or attorney, or person interested in an action, shall be appointed receiver therein, except by consent of all parties thereto." 1970 § 1889. Oath and bond-Forms "Before entering upon his duties, the receiver must be sworn to perform them faithfully, and with one or more sureties, approved by the court or judge, execute an undertaking to such person, and in such sum as the court or judge shall direct to the effect that he will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein." "1 70 Rev. Laws 1910, § 4980. 71 Rev. Laws 1910, § 4981. which sum, well and truly to be made, we do bind ourselves and each of us, our heirs, executors and administrators, jointly and severally by these presents. The condition of the above obligation is such that whereas, the above named principal, was on the day of 19-, appointed receiver in the above entitled cause, wherein was plaintiff and was defendant, and required by said order of appointment to execute an undertaking in the sum aforesaid, to the effect that he would faithfully discharge the duties of receiver in said action and obey the orders of the court therein: Now, therefore, if the said shall faithfully discharge the duties of receiver in said action and obey the orders of the court. therein, then this obligation shall be void; otherwise, to remain in full force and effect. In witness whereof, we have hereunto subscribed our names this day of 19—. (Qualification of sureties.) (Caption.) State of Oklahoma, I, County. OATH OF RECEIVER SS.: -, appointed receiver in the within entitled cause, do solemnly swear that I will faithfully perform the duties of such receiver and obey the orders of the court therein, to the best of my knowledge and ability. So held me God. Subscribed and sworn to before me this 19-. HON.PL.& PRAC.-111 day of |