Year: 1861

curty it shall be made to appear 10 the satisfaction Of the
court that the securities of such debtor person not
ample the court may the failure of the party to give
sufficient additional security render judgment against all
The parties the bond for the recovery of the debt
property Provided further That said court may whenev
the opinion of the Judge thereof the public exgences


require it, order the money due aforesaid to be de-
mandd by the receiver and upon demand of the receiver
made in conformity to decreal order of the court requ
ring said Receiver TO collect debts for the payment of
which security have been given under the provisions
of this Act the debtor his security shall fail to pay the
same then upon days notice the said debtor and his
security given by said Receiver Of motion TO be made in
said court for judgment for the amount so secured said
court at the term thereof may proceed to render
Judgment against said principal and security, against
the party served with such notice. for the secured
with interest thereon in the of said Receiver and to
issue execution therefor.


Sec. Z. Be it further enacted, That any person in
the possession and control of the subject matter of
any such suit, or claiming any interest therein,
may, by order of the cnurt, be admitted a de-


ndant and be allowed to defend to the extent of the inter-
est prOpOunded BY him but shall be heard in
defence until he shall file plea, verified by affidavit and
signed by him, setting forth that alien enemy has any
interest in the right which he asserts for which he m
gates either directly indirectly by trust open secret
and that he gaes solely for himself for some citizen
of the Confederate States whom be legally represens and
when the defence conducted for account of another
in whole in part the plea shall set forth the and
residence of such other person. and the relation that the
defendant bears him in the litigation. If the in
wolves matter which should be tried by jury according
the of common law, the defendant shall be entitled
to jury trial fit involves matter OF equity jurisdiction,
the court shall proceed according to its usual mode of pro-
ce6ure such and the several courts Of this COned
eracy may from time establish rules of procedure
under this act with the other laws
of these Confederate States.


SEC Be further enacted, That the clerk of the court
shall at the request Of the Receiver from time me is
writs of garnishmen directed to persons
commanding them to appear at the then sitting at any


future term of the court and to under oath what
property effects of alien enemy he had at the


vice of the process since has had under his possession
control belonging TO held for alien enemy, or IN
what sus 1t any, he is or was at the time OF service o the
garnishmen since has been indebted to alien enc
my, and the shall have power TO condemn the pro-
pery effects debts according to the answer, and to
make such rules and orders for the bringing IN OF third
persons claiming or diSco led by the have
teres the litigation il shall proper but in no
shall be heard in respect thereto until he SHALL
by plea, forth substantially the matters before
required uf rites pleading And the decree or Judgment
of the rendered in conformity to this act shall fr
protect the garnhee respect to the matter involved
And in all of grniShment under this act the Receiver
may test the truth of the garniShceS answer by hng
statement under OATH that he believes the answer to be
Enrue specifying the particulars in which he believes the
garnishee has, by omission commission not answered


truly whereupon the court shall an issue to be made
between the Receiver and the garnshee aud udgmect
dered upon trial of other And in all of


litigation under this act the Receiver PROFOUND inter
rogatores the adverse party touching matter nvOv
ed the litigation copy of which shall be served the
opposite party his attorney aud which shall be answer
ed under oath within thirty days of such service and upon
failure answer, the court shall make such disposition
of the shall to seem most promolve OF justice
should deem the nterrOgatores necessary
in order discovery the court shall imprison the
party in default until full answers shall be made.


SEC. 8. Be it further enacted, That it shall be
the duty of the District Attorney of the COnfed-
States, diligently to prosecute all insti
tuted under this aet and he shall receive compensation
therefor of two per cent and from the fruits OF oil ti
CATION instituted under this act: Prouiled That matter
shall be called lgated except defendant be admitted by
the court, and proper plea be filed


SEC. TO- Be IL further enacted That each Receiver ap
pointed under this SHALL least every months and
much oener he may be required by the court rem
der and perfect account of all matters in his hands
under his control under the law and shall make and
just and perfect and settlements under oath
of his collections of monies and disbursements under this
law stating and making settlements of all mat


separately, in the if be admnistra-
tor Of several estates of deceased by separate
poiutmens And the settlements and DEGREES shall be for
each estate separately that the transaction in
respect each alien enemy property be kept record
ed and preserved separately No settlement above pro-
vded shall however be made until judgment decree of
seqnesratOn shall have passed. but the court at
time pending litigation require account Of matters in
litigation and in the possession of the Receiver and may
make such orders touching the as shall protect the
interest of the parties concerned.


SEC H. Be it further enacted That when the &C.
counts of any Receiver shall be tledrespecting any
matter which has passed sequestratOn the cnurt shall
appoint day for settlement and notice thereof shall be
published consecutvey for :onr weeks in some news
paper the pace of holding the court and the clerk
of the shall serd copy of such newspaper to
the District Attorney of the Confederate States for the
court where the matter is to be beard and shall be the
duty of said District Attorney to attend the settlement and
represent the Government and that full true and
lust settlement is made The several settlements preced
ing the final shall be nterlOcutory only and be
impcached the final settlements, which latter shall be
conclusive unless reversed or mpeached within two years.
for fraud.


SEC IL Be further enacted That the court having ju
rsdicon of the SHALL whenever sufficient j.
shown therefor direct the sale # personal property
other than slaves equesered under this act such terms
to shall best and such sale shall pass the title
of the person whose property the same has been seques
tered.


of Receivers for sequestered property shall bd
recorded and copy thereof shall be forwarded by
the clerk of the to the Treasurer of the COnfed
crate States within ten days after the decree inter.


ocutory final has been passed. and AL balances found
against the Receiver shall BY him be paid into the.
court subject to the order of the Treasurer of the COnfed
States and upon the failure of the Receiver for five
days to day the same execution shall issue therefor
and he shall be liable attachment by the court and to
suit upon his bond. And any embezzing any money
under this shall be liable to Indictment and convc


on shall be confined at hard labor for not less than six
months than five years. in the discretion of the
court and fined in double the amount embezzed


SEC. IA Be further enacted, That the President Of the
Confederate States SHALL by and with the advice and
sent of Congress- of the Senate if the appointment be
made under the permanent Government appoint three dis
Greet Commissioners learned in the law, who shall hold at
the Government each year. upon notice
given who shall sit long the business before them
Shall require whose duty it shall be- under such rules
thev NAV adopt hear and adudge such claims
be brought before them by any aiding this COnfedera
in the present against the United States who shall
aege that he has been put to loss under the act OF the
United States retaliation of which this act is passed,
under other of the United States any State
thereof authorizing the seizure condemnation cOnsca
tion of the property of citizen resident of the Con-
federate States other person aiding said Confederate
States the present against the United States and
the hDdng o such Commissioners IN iaVor OF any sucn
claim shall be prma ce evidence OF the correctness of the
demand and whenever Congress shall pass the claim, the
same shall be paid from any money in the Treasury derv
ed from sequesration under this act Procd That said
Board of Commissioners shall not continue beyond the
ganzation of the Court of Claims provided for by the
sttution which Court OF Claims the duties herein pro-
Vded to be discharged by Commissioners shall belong
upon the organization of raid court The salaries of said
Commissioners shall be at the rate of thousand five
hundred dollars per annum, and shall be paid from the
Treasury of the Conderacy. And shall be the duty Of
the Attorney General or his assistant to represent the in
terests this Government in all arising under this
act before said Board of Commissioners.


SEC 15 Be further enacted, That all the expenses in
CURED in proceedings under this act shall be paid from the
sequestered fund.- and the Judges in settling accounts with
Receivers shall make to them proper allowances of COM
pensaon taking two and half per cent receipts and
the reasonable