Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-10-12
BY MCLANAHAN & DILL.

y ] security may nave been gwen uLoeE the PIofl-
sious Of this act the debtor or his security shall
fail 70 pay the same, then upon ten days notice
the said debtor and his security, given by ssId
receiver of motion 90 be made u said cOur for
: judgment for the amount so secured, said court
az the next torn thereof, may proceed to render
Judgment against said principal and security, or
against the party served with such notice, for the
sum 20 secured. with interest thereon, IN the
name Of said receiver, and 70 issue execution
. / therefor
| SEC 7. ANY person in the possession and
control Of the subject matter OF any such suit;
OF claiming any interest therein, may, by order
OF the court, Be admitted as defendant and be
allowed to defend ~ the extent Vi the interest
propounded by him; but no person shall be
heard in defense, until he shall file plea, veri-
hed by affidavit and signed by him, setting forth
thst no ahen enemy has any interest in the right
which DC asserts, or for which hc E.gates, either
directly or indirectly, by trust, open OF secret
snd ths, be htlgatoS solely ior himself, or for
some citizen Of the COnfedsrGte states whom he
I legally represents; and wher the defense is con
dueted for or Oh account Of another, ia whole OT
psrt the plea shall rel forth the name and res,-
denca o. such other person, and the relation that
the defendant bears 70 him IA th5 litigation l!
/ the cause involves matter which should be tired
! hy jury, according 20 the course Of common law,
theflciendsnt shall be entitled TO s jury trial.
Il t involves matters Of equity jurisdiction, the
court shall proceed according 20 It's usual mode
/ OF procedure in such cases, and the several
courts Of this Contederscy, may, from time to
tine, establish rules OF procedure un3sr this act
40, inconsistent with the act OF other laws Of
these Confederate States.
SIC. 6. Be It further enacted. That the clerk
Of the court shall, az the request OF the receiver
from time to time, issue Writs OF garnishment
! directed 70 one or more persons, commanding
them to appear at the then sitting, or at any
future term Of the court, and 20 answer under
oath whist property or effects Of any alien enc
NY be had at the service Of the process, or since
has bsd uudGT bis possession or control belong
ing 70 or beld foy al alien enemy, or in what sum,
If any, he l5 or at the time Of service Of the
gaTnishment, or since has been indebted 10 any
alien enemy, aud the court sLaQ hsye power 70
condemn the properly orefects, or debts, accord
! ing TO the answer, and to make such Tules and
orders FOR the bringing il Of third persons claim
ing or disclosed ly the answer 30 have interest
! 10 the litigation AS 10 it shall seem proper; but
in no case shall any one be heard IN respect
thereto until DO shall, by sworn plea, Se: forth |
substantially the matters before required Of paI
ties pleading. Aud the decree or Judgment Of the
court rendered in conformity 20 this act, shall /
forever protec. the gaTnishee in respect to the
matter involved. And IN al cases Of garnish- /
ment under this act, the receiver may test the 1
I truth Of the garnishee5 answer BY cling 1
statement, under oath that, thst he believes the \
answer TO be- untrue, specifying the particulars 4
in which he believes the garnishee has, by omiS-
sion or commission, not answered trllv; where +!
upon the court shall cause an issue 70 be made 1
between the receiver and gamisLee, and iudg-
mont rendered upon the trial Of other issues.
And in al cases of litigation under this act the I
receiver msy PROFOUND inteTTOgatOries TO the ad-
verse party touching any matter involved in the
litigation, q copy Of which shall be served on
the opposite party or his attorney, and which l
shall be answered under oath within thirty days
Of such service, and upon failure so 20 answer,
the court shall make such disposition Of the
cause as shall to il seem most pronotve Of JUS
tce, or should it deom answers to the interTOga-
torres necessary IN order 10 secure discovery,
the court shall imprisou the party IN default IN
til full answers shall be mode.
SEC. g. L shall be the duty of the district
attorney Of the Confederate States, diligently TO
prosecute al causes instituted under this act,
and be shall receive as c compensation therefor
two per cent on and from the fruits Of all litiga-
ton instituted under this act: Preu5deG That
no matter shall be called litigated except q de-
fendant be admitted by the court, and proper
plea be fled.
Sgc. 20. Be i further enacted, That eCoh re-
ceives appointed under this &C. shall st least
every six nonths, and as much olteueg Is be may
be required by tho court, render d true and per
feet recount Of the matters in his hands OF under
bis control under the Law, and shall make and
state Just and perfect accounts and settlements
under oath Of his collections OF moneys and dis
burscmonts under this law, stating accounts and
making settlements Of oil matters separately, il
the same way Is ii be were administrator Of sew
ergl oStsteS Of deceased persons BY separate ap-
DOintmeuts. And the settlements and dccyoes
shall he for eacb cse or estate separately 50 that
the transaction in respect 70 each alien enemy's
,~rr- -, \
separately. No settlement as above provided
SHAH, however, Be made until judgment or decree
Of sequestr0ton shall have passed, but the court
msyat any time pending litigation, require IN
account Of matters 10 litigation and IN the pos
session Of the receiver, aud may make such or
ders touching the Same as shBl protect the inter-
eat OF ths pArties concerned
SIC u. When the accounts Of any receiver
shall be Eied respecting any mstter which has
passed 5egueztrliiOa, the cOurBs shsll appoint a
day ioE settlement. and notice thereof shall be
published cousecutively for four weeks in some
newspapor near the place Of holding the court
and tls c!oIs Of the COurt shall send a copy Of
such newspaper TO The district attorney Of the
Coufedrrate States, for the court where the mat
ter is 70 BE- heard, snd il shall be the duty of said
district attorney to attend the settlement and
represent the government, and soc tha. full
trUo and Just settlement IS made. The several
settlements preceding the final one shall be- inter
locu.ory only, and may be impeached by the
final settlements which lsttor shall b. conclusive
unless reversed OF inpeached within two wears
for fraue.
SEC. 70 b It further enacted, That the
court having jurisdiction Of the matter shall
whenever sufficient cause i shown therefor, d.
rect The sale OF any personal property, other
than slaves, seqaestTated under this act, on such
terms Us 20 it shall seem best, and such sale shall
MAJ ne Of no Krf ,arfry
the same has been sequesuated.
SEC. IL. All settlements Of accounts Of ~
cejveTs for seguestrated property shall be re-
corded, and copy thereof shall be forwarded by
the clerk Of the court 10 the treasurer Of the
Confederate States withil ten dSva after the de-
cree, in.erlocutory OE fual has been passed and
all balances found against the receiver shall
by him be- paid over into the court. subject 70 the
order Of the treasurer of the COufedrate States,
and upon the failure Of the receiver for eve DAYS
10 psy over the same, execution shall issue
therefor, ana he shall BE- liable to attachment by |
the count and to suit upon his bond. And sny
one embezzliug any money under this act shall
BE- liable 20 indictment, aad on conviction sha!
be con6nsd II hard labor fox nOt less than six
mOnths EOT more than five years, il the discye-
ton Of the court, and fined in double the amount
embezZled.
SEC. il. Be it further enacted, That the Pros
idsnt Of he Confederate States snail By aud with
the sdvice and consent Of Congress, or of the
Senate, # tbe appointment be made under the
permanent government, appoint three discreet
commissioners, learned u the law, who shall hold
ct the seat Of government two terms each year,
upon notice given, who shall sit so long as the
business before them shall require, whose duty il
shall be- under such rules as they may adopt, to
hear and adjudeC such claims as may be brought
before them by any one aiding this Confyderscy
in the present war againt the United States, who
shall aliege that lie has been put 70 loss under
the act Of tic United States, il retaliation Of
which this act IS passed, or any otheT act Of the
limited States or Of any State thereof, author
izinp the seizure, condemnation or conhscsiiuu
Of the property of sny citizen or resident of the
Confederate States, oT other person siding said
Confederate States in the present war against
the United States, and the finding Of such com
uaissioners 10 favor Of any such claim shall be
pTima facja evidence Of the correctness Of She
demand, and whenever Congress shall pass the
claim, the SANE shall be paid from any money in
the treasury derived from sequestration under
this act ProUidcd, Thst said board of commits
siOnsrs shall not continue beyond the organiza-
ton OF the cGuTt Of claims, provided for by the
constitution; 70 which eOurI Of claims the duties
herein provided to be discharged by commission
ers shall belong upon the organization Of said
court The salaries Of said commissions shall
be al the rate OF two Thousand five hundred dol
lars per 9nnum, end shall be paid from the treas
ury OF she Contederscy. And il shall be tae
duty Of the encouragement or Lis assistant to |