The south-western. [volume] (Shreveport, La.) 1852-1870, 1861-10-23
The sennestratinn Act.

THE PARTNERSHIP INTERESTS OF ALIEN ENEMIES
The following preference to the sequesraton oil prop
erty held by aliens, take from the hlchihoho Hn
quirer Of the eth:
judge James D. HALLIBURTON, OF the Confederate
States district court Yesterday delivered written opn
ion Of much Importance in its bearing upon the seqoes
trtion Of property held BY aliens. 1t appears from the
record that petition filed in this court, some gay
ago alleging against james H. Woods ana John Low
~ partners with w FaIant in a mercantile firm In the
city Of Norfolk that they alien enemies and pray
ing that their interest in the partnership may be seque
trated Before proceeding 10 the performance Oh DIS
duties the receiver for the dstrictn whichthe property
is located asked The instruction of the court as to the
manner in which debts due to the firm are to De col
ected and by whom they shall be received. Judge
Hayburton in lengthy written opinion, asynopsis o.
which we present. says:
There are two modes of separating the interests Of
the resident and alien partners First, the receiver
might the home partner for account; each dept
or and creditor of the firm might then file their respec
tive claims incourt and the balance OF the assets might
be distributed after the payment of the partnership
debts among the home members Of the firm. On the
home partner might if trustworthy be allowed TO col
ec the money due the firm, and, disposing OF all the
partnership property pay all the claims against the
firm and after settlement of his accounts before
commissioner of the court pay into the receivers hands
the foreign partners share If any doubt is felt as to
the trustworthness of the home partner he may be re-
quired to give ample security and to report his coec
TONS &c, to the court every thirty days, Tins
latter mode the court regards being the best and
most convenient mode Of proceeding
The court gvesit its opinion, that the home part
ner with the leave of the court may legally collect
debts due the firm pay those due by it, and pay the
balance the ascertaned share of the alien into court
Judge Hayburtou concludes his opinion by saying that
the court will be governed by the circumstances Of each
case in determining the particular courseto be pursued
in separating and sequestratng the interests Of alien
and home partner.
INSTRUCTIONS TO REcEIvERs.--The Enquirer also pub
fishes the following instructions to receivers under the
sequestraton act
Judge Hayburton yesterday issued to the receivers
appointed under the sequestration act written nstruc
tons relative the compensation to which they arc
entitled The gst Of these instructions are: That the
receivers should be allowed such reasonable sums as
they may cxpend in the preservation and management
Of the property under their CONTROL and for such
vices intended by the act they should per
form without assistance. If they should have horses
or live stock of any kind in their possession they must
be allowed the expense of feeding them and of paying
some one to attend to them. They should also be al
lowed to employ overseer, agent in the and
prese walton of estates in land or negroes
Ifitshoud appear the more profitable torrent out the
land OF hire the slaves the receiver ought adopt
that course which deemed the most advantageous to
the holders Of the property.