Washington telegraph., 1863-04-22

DILL.7Nec. IL, Whenever
the exigencies of any army in the field are such
as to make lmpressments of forage, articles of
subsistence or other property absolutely neoes-
sary, then such impressment may be made by
the officer or officers whose duty it is to furnish
such forage, articles Of subsistence or other
property for such army. In cases where the
owner of such property and the impressinp
ofhcer cannot agree upon the value thereof il
shall be the duty of such impressing officer,
upon an affidavit in writing Of the owner OF
such property or his agent, that such property
was grown, raised or produced by said owner,
or is held or has been purchased by him not
for sale or speculation, but for his own use or
consumption, to cause the same to be ascer-
tanned or determined by the judgment of two
loyal and disinterested citizens of the city,
county or parish in which such impressment
may be made, one to be selected by the owner,
one by the impressing officer, and, in the event
OF their disagreement, these two shall choose
an umpire of like qualification, whose decision
shall be final. The persons thus selected. after
taxing an oath to appraise the property i'm
pressed, fairly and impartially, (which oath as
well as the affidavit provided for in this Sec
ton, the impressing officer is hereby author
lied to administer and certify shall proceed to
assess just compensation for the property so
impressed, whether the absolute ownership
or the temporary use thereof only is required.
Sec. z. That the officer or person impress
sing property, as aforesaid, shall, at the time
OF said taking, pay to the owner, his agent or
attorney, the compensation fixed by said ap-
praisers; and shall also give the owner or per-
son controlling said property, certificate over
his ofhclal signature, specifying the battalion,
regiment, brigade, division or corps to which
he belongs; 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 and place
when and where taken, the amount Of com
pensation fixed by said appraisers, 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 the public use,
as the right of the amount of compensation
liked as aforesaid. And in case said officer or
person, taking said property. shall have failed
TO pay the owner, or his agent, said compen-
sation as hereinhefore required, then said ow-
ner shall be entitled to the speedy payment Of
the same by the proper discussing officer.
which, when so paid, shall be in full satisfac-
ton of all claim against the government of the
Confederate States.
Sec. 3. Whenever the appraisement, pro-
vlded for In the lst section of this act shall
for any reason, be impracticable at the time
Of said impressment, then, and in that case
the value OF the property impressed shall be
assessed as soon as possible by two loyal and
disinterested citizens of the city, county or
parish, wherein the property was taken. chosen
as iollows: Ohe oy the owner, and one by the
commissary, or quartermaster general or his
agent, who, in case of disagreement. shall
choose the third citizen of like Qualification a.
an umpire to decide the matters in disput.
who shall be sworn as Aforesaid, who shall hear
the proofs, adduced by the parties as 10 the
value OF said property, and assess lust com
pensation therefor, according to the testimony.
Sec. That whenever the Secretary az
War shall be of opinion that it il necessary ~
take private property for public use by reason
OF the lmpractlcability of procuring the same
by purchase, so as to accumulate necessary
supplies for the army, or the good OF the SER
wee In any locality, he may, by general order
through tie proper subordinate officers an
thorize such property to be taken for the public
use, the compensation due tina owner far tho
same 10 be determined and the value found a,
provided for in the first and second section, of
this act.
Sec. D. That it shall be the duty Of tho
President, as early as practicable after the
passage OF this act, to appoint "A commissioner
in each state where property shall be taken
for the public use, and request Of the Governor
of such of the States in which the President
shall appoint said commissioners, TO appoint
another commissioner to act in conjunction
with the commissioner appointed by the Presi
dent, who shall receive the compensation of
eight dollars per day, and ten cents Der mile
as mileage, to be paid by the Confederate Gov
ernment. Said commissioners shall constitute
a board, whose duty it shall be to fix upon the
prices to be paid by the Government, for all
property impressed or taken for the public use
as aforesaid, SO as to afford just compensation
to tho owners thereof Said commissioners
rhall agree upon. and publish a schedule Of
prices every two months or oftener if they shall
deem it proper; and, in the event they shall
not be able to agree in any matter confided 10
them in this act, they shall have power To
appoint an 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 for the time he
shall serve, allowed to said commissioners re-
spectively: Provided that said commissioners
shall be residents of the State for which they
shall be appointed; and if the Governor Of any
State shall refuse or neglect to appoint said
commissioners within ten days after n request
to do so by the President, the President shall
appoint both commissioners by and with the
advice and consent of the Senate.
Sec. 9. That all property impressed or
taken for the public use, as aforesaid in the
hands OF any person other than then persons
who have raised, grown or produced the same.
or persons holding the same for their own use
or consumption, and who shall make the affi-
davit hereinbefore required, shall, be paid for
according to the schedule of prices fixed by the
commissioners as aforesaid But if the officer
impressng or taking for the public use. said
property, and the owner shall differ as TO the
quality of the article or property impressed or
taken as aforesaid, thereby making it fall with
in higher or lower price named in the schedule
then the owner or agent and the officer impress
sing or taking as aforesaid, may select each n
loyal and jisinterested citizen of the aualifi-
cations as aforesaid, to determine the quality
Of said article or property, who shall, in case
Of disagreement appoint an umpire Of like
qualification, and his decision, if approved by
the officer impressing, shall be final. But if
not approved, the impressing officer shall send
the award to the commissioners of the State
where the property is impressed, with his rea-
sons for disappearing the same, and said COM
missoners may hear such proofs as the parties
may respectively adduce, and their decision
shall be final: Provided, That the owner may re-
ceive the price offered by the impressing officer,
without prejudice to his claim TO receive the
higher compensation.
Sec. Z. That the property necessary for the
support Of the owner and his family, and to
carry on his ordinary agricultural and me-
chanical business, to be ascertained bv an