Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-04-01
TmREmPRRsstrRrT ELL

THE EMPREssMEEF BILL.
An act to authorize sni regulate the inpressment
private preperty for the Of the army, and otbe
purposes
TIE Congress Of Tic Confederate States o
AReTieG do enact, That, whenever the exigau
eies Of any srmy in the field are such a. 4
make impressments Of forage, articles Of sab
sistenes or other property absolutely necessa y
then such impressment may be made by y,
officer or officers whoss duties it is 30 farnis}
such forage, articles Of subsistence or oths
property Tor such army. In cases where the
owner Of such property and the impressine
officer cannot egree upon the value thereof,
shall be the duty Of such impressing officer
upon an stiiavit ia writing of the owner O
such property or his agent. thar such property
was grown, raised or produced by said owner
| OF is held or has been purchased by him nos foi
sale OF speculation, but for bis own use or con
sumption, to cause the ssme to be asceTtsinsd OF
determined by the judgment of two loyal and
| disinteTested citizens of the city. county og
/ parish in which such impressnent nav b.
made, one to be selected by the owner, oBa BY
the impressing officer and, in tie event of their
/ disagreement, these two shall choose an umpire
/ of ike qualification, whose decision shall be
final The persons thus selected after taking
an osth to appraise the property impressed.
/ fairly and impartiellY, (Which oa.h ss well So
the affidavit provided for in this section, the i'm
pressing officer is hereby authorized 20 eduiu
lister and certify shall proceed to assess just
compensation for fhe property so impressed,
whether the absolute ownership or the tempo
rary use thereof only is required
Sec 2. That the officer or person, inpressine
property, IS aforesaid, shall, at the time Of said
taking, pay g. the owner bis agent cr attorney,
the compensation fixed by ssii appraisers; and
shall also give to the owner. or person con
trolling said property, a csrtihcaia over his Cti
cisl signature, specifying the baiteli0a reEi-
meut, brigade, division or corps to which he be-
longs; that said property IS essential for the use
Of the army, could not be otherwise procured,
and was taken through absolute necessity; setting
forth the time aud place when end where tsken,
the amount Of compensation fixed By said ap-
praisers, and the sum, if any, paid for the same.
Said certificate shall be evidence for the owner,
as well OF the taking Of said property for he
public use, as the right Of the ownor to the
amount Of compensation fixed as aforesaid
And in case said officer or person, taking said
property, shall have failed to pay the owner, or
his sgent said compensation as hereinb5f0Te re-
quired, then said owner shall be entitled to The
speedy payment Of the same by t6e proper dis
barsiDg officer, which, when SO psid, shall be in
full satisfaction Of all claim against the govern
uenb OF tlo COuieQefdle 5taE6s.
Sec. 3. Whenever the appraisement provided
for IN the lst section Of this act, shall, for any
reason, be impIscticable a. the time of said i'm
pressment, then, and in that case, the value of
the property impressed shall be assessed IS soon
as possible by two loyal and disinteres5ed cili-
zens Of the city, county or parish wherein the
property was taken, chosen as follows: One by
the owner, and one BY the e0mmisssry. or quar-
termasier general OF his agent, %ho, in case of
disagreement, shall choose a third citizen Of
Ike qualification, as an umpire 10 decide the
matters il dispute, who shal be sw0-n as afore-
said, who shall hear the proofs, sldueed by the
parties as 10 the value of said property, and as
sess Just compensation therefor, according to
the testm ny.
Sec. 4. That whenever the Secretary Of War
shall be of opinion that it is necessary to take
private property for pablic u5e, By reason Of the
impracticebility Of procuring the sams by pur
chase, sc as 70 accumulate necessary supplies
for the army or the good of the servies in any
locality, be may, by general order, through the
proper subordinate officers, auLh0Fizs such prop
erty to be taken for the public use the compen-
sation due the owner for the same TO be deter
mined and the value found as provided for in
the first and second sections Of this act
Ssc 5 That it shall be the duty of the Presi-
dent IS early as practicable after the passage of
this act to sppoint commissioner iu each State
where sroperfy shall be taken tor the public /
use, and request the governors of such Of the
States in which the President shall appoint ssid I
commissioner TO appoint another commissioner /
to act in eonjuHction with tho commissioner sp- |
pointed By tie President. who shall receive the |
Of eight dollars per day, and zen /
cents per mile as mileage, to be paid BY the Con
fe1erate government Said commissioners shall /
a board, whose duty it shall be TO FIX 4
upon the prices @ be paid by the government |
foT all property impressed OF taken for the pub 4
lie use, rs aforesaid, so as to afford just com
to the owners thereof Said commits
sioners shah agree upon, and publish schedule /
Of prices every two months, OF oi5ener if they 4
shall deem it proper; and in the event they shall
not be able to agree in any matter o9n6ded to
them in this act, they shall have power to SD
point en- umpire to decide the matter in dispute,
whose decision shall be the decision Of the board;
and said umpire shall receive the same rate Of
compensation f0r the time he shall serve. al
owed to said commissioners respectively: Pro
1ided, That said cOmmissioatTs shall Be resi-
ienis Of the State for which they shall be ep
pointed; and f the governor Of any Stata shall
refuse Or neglect TO appoint said commissioner,
within ten days after request TO 10 so By the
President, the President shall appoint both com
by and with the sdviee and consent
lf the senate.
'or the public use, as aforesaid, in the hands Of
any person other than the persons who have
raised, grown, or produced she same, or persons
holding the same for their own us8 or c0nsGmp-
ion. and who shall make the affidavit hereinbe
'ore REQUIRED, shall be paid for according TO the
schedule Of prices fixed by the commissioners
IS aforesaid But if the officer impressing or
aking for the public nse, said property, and the
1wneT shall differ as to the quality Of the article
n Aof~ Off 1rofH
hereby making it fall ai:hia a higher OF lower
price named in the schedule, then the owner or
agent and the officer imPTessing Or taking, IS
.foressid, may select each loyal AMI disinter-
,stsd citizen Of the qualifications, IS aforesaid,
% determine the quslity of said article OF prop
rty, who shall. in ease of Disagreement, ap-
,oint an umpire Of ike qualifications. and his
leeision, if approved By the ofiear impressing
hall be final But if not approved the impress
ng officer shall send the award 70 the commits
5oners Of the State where the property is i'm
PRESSED, with his reasons for disspproving the
ams, and said commissioners may hear such
,roofs as the parties may respectively adduee,
nd their decision shall be final; Pr00ided, That
he owner may receive the pTies offered by the
officer, without prejudice to his claim
o receive the higher compensation.
Sec. 2. That the property necessary for the
uppOrt Of The owner and bis family, and to
AIRY on bis ordinsTY agricultural ard mechani-
al business, 90 be ascertainsd by tie apprais-
rs, to be appointed rs provided 10 the first sec
ion ef this act, under cath, shsll net be taken
u Impressed for the public use and when tie
officer and the owner cannot agrees
IS to the quantity Of property Necessary as
ltoresaid, then the decisions Of the said appraiS