Arkansas true Democrat., 1861-10-03
ACTS AND RESOLUTIONS Of the Second Session of the Prov1slohal Congress of the Confederate States' 1261
BY AUTHORITY. (No. 269.)


 AN AcT for inc Seouestration of the Estates,
 Pronertr and Effects of Alien Enemies, and for
 tho indemnity of citizens of the Confederate
 States. and persons aiding the same in the exist
 ing war with the United States.
 WHEREAS, The Government and People of the United States have departed from the usages of civilized warfare in confscatng and destroying the property of the people of the Confederate otates of all kinds, whether used for military purposes oi not; and whereas, only protection against Sucn wrongs is to be found in such measures or recaiia tion as will ultimately indemnify our own cllizehs for their losses and restan the wanton eXcesses ol our enemies Therefore =,
 SEC. I. Be t enacted by the Congress of the Con federafe States Of America, That all and every the lands tenements and heredltamehts, Sooos anu chattels. rights and credits within these Confede- rota States. and every right and interest therein hold owned possessed or enjoyed by or for any alien enemy since the 2lst day of May, l6bl, ex- cent such debts due to an alien enemy as may have been nad into the treasury of any one of the Con' feerate States prior to the passage o thls law, be- and the same are hereby, sequestrated by the Con federate States of America, and shall be held tor the full indemnity of any true and loyal citizen or resident of these Confederate States, or other per son aiding aid Confederate States in the prOsecu ton of the present war between said Confederate States and the United States of America, and for which he may suffer any loss or injury under the act of the United States to which this act reaa tory or under any other act of the United States, or of any State thereof authorizing the selzure, condemnation, or confscaon of the property of citizens or residents of the Confederate States or other person aiding said Confederate States, and the same shall be seized and disposed of as prOyd ei for in this act: Prouidcd, houeoer, When the estate propertv or rights to be effected by this act were or are, within some State of this Contede- racy which has become such since said 2lst day 0f
 l.,l otoAa tD such estate, property rights, and all persons claiming the same from and after the day such State so became a member of this Conlederacy, and not before: ProUded, further, That the provl- sons of this act shall not extend to the stocks or other public securities of the Confederate Govern ment or of any of the States of this Coniederacy, held or owned by any alien enemy, or to any debt, obligation, or sum due from the Confederate Gov ernment or any of the States, to such alien enc my: And propided, also That the provisions of this act shall not embrace the property of citizens or residents of either of the States of Delaware, Mary land, Kentucky or Missouri, or of the District ot Columbia, or the territories of New Mexico, Ari- zona, or the Indian territory south of Kansas, eX- cept such of said citizens residents as shall com init actual hostilites against the Confederate States or aid and abet the United States in the ex- isting war against the Confederate States.
 SEC 9. And De t titrth~r enartsd, That it is, and shall be, the duty of each and every citizen ot these Confederate States speedily to give nforma- ton to the officers charged with the execution Of this law of any and every lands, tenements and hereditaments, goods and chattes, rights and ere dits within this Confectionery, and of every right and interest therein held, owned, possessed or en- loved by or for any alien enemy as aforesaid.
 SEC. 3. Be tt further enacted, That 1t shall be the duty of every attorney, agent, former partner, trustee or other person holding controlling any such lands, tenements or heredltaments, goods or chattes, ghts credits, or any interest therein, of or for any such alien enemy, speedily to inform the receiver hereinafter provided to be appointed, of the same, and to render an account thereof and, so far as is practicable, to place the same Tn the hands of such receiver; whereupon, such person shall be fully acquitted of all responsibility for pro- perty and effects reported and turned over. And any such person vfully failing to give such ntor- nation and render such account shall be guilty Of high misdemeanor, and upon indictment and con viction shall be fined in sum not exceeding five thousand dollars and imprisoned not less than six months said fine and imprisonment to be determln- ed by the court trying the case, and shall further be liable to be sued by said Confederate States, and subjected to pay double the value Of the estate, property or effects of the alien enemy held by him or subject to his control.
 SEC 4. It shall be the duty of the several Judges of this Confederacy to give this act specially in charge to the grand jures of these Confederate States and it shall be their duty at each sitting we'll and truly to enquire and report all lands, tene- ments and elitameEts goods and chattels, rights and credits and every interest therein, within the jurisdiction of said grand jury. held by or for any alien enemy and it shall be the duty of the several receivers, appointed under this acy, to take copy of every such report, and proceedEn obtaining the possession and control of all such property and effects reported, and to institute proceedings for the seouestration thereof in the manner hereinafter provided.
 SEC 5. Be tt further enacted, That each judge of this Confectionery shall, as early practicable, ap- point receiver for each section of the State for which he holds court, and shall require him, be fore entering upon the duties of his office, to give bond in such penalty as may be prescribed by the judge with good and sufficient security, to be ap- proved by the judge, conditioned that he will dli- gently and faithfully discharge the duties imposed upon him by law. And said officer shall hold his office at the pleasure of the judge of the district or section for which he is appointed, and shall be removed for incompetency, or ineffciency, or inf delity in the discharge of his trust. And should the duties of any such receiver at any time, appear to the judge to be greater than can be efficiently performed by him, then it shall be the duty of the judge to divide the district or section into one or more other receivers districts according to the cessites of the case, and to appoint receiver for each of said newly created districts. And every such receiver shall also, before entering upon the duties of his office, make oath in writing before the judge of the district section for which he is ap- pointed, diligently, we'll and truly to execute the duties of his office.
 SEC. G. Be further enacted, That it shall be the duty of the several receivers aforesaid to take the possession, control and management of all lands, tenements and heredtaments, goods and chattes, rights and credits of each and every alien enemy within the section for which he acts. And to this end hes empowered and required whenever ne cessary for accomplishing the purpose of this act to sue for and recoverthe in the ofsaid Con federate States allowing, in the recovery of credits such delays as may have been, or may be, prescrib ed in any State as to the collection of debts therein during the war. And the form and mode of action, whether the matter be of jurisdiction in law Or equity, shall be by petition to the court setting forth as best he can the estate, property, right thing sought to be recovered, with thename of the person holding, exercising supervision over, in pos session of or controlling the same, as the may be, and praying a sequestration thereof. Notice shall thereupon be forthwith issued by the clerk of the court or by the receiver to such persons with
 copy of the petition, and the same shal be served by the marshal or his deputy, and returned to the court as other mesne process in law cases; where upon, the cause shall be ocketed and stand for trial ln the court according to the usual course of its business, and the court judge, shall, at any time make all orders of seizure that may seem ne- cessary to secure the subject matter of the suit from danger of loss, injury, destruction or waste, and may, pending the cause, make orders of sale in cases that may seem to such judge or court neces- sary to preserve any property sued for from perish ing or waste: Pr0Uided, That in any case when the Confederate judge shall find it to be consistent with the safekeeping of the property so sequester- ed, to leave the same in the hands and under the control or any debtor or person in whose hands the real estate and slaves were seized, who may be in