Year: 1861

ey or debts may be le of application for further
court that the securities of debtor person
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 may whenev-
er in the opinion Of the Judge thereof the public exgences
require it, order the due aforesaid to be de-
msnded by the receiver and demand of the receiver
made In conformity decreta order Of the court requ
ring said Receiver collect any debts for the payment OF
which secury may have been given under the provisions
of this Act the debtor his security shall fail TO pay the
then upon ten days notice the said debtor and his
security given by said Receiver OF motion to be made in
said couEt for judgment for the amount secured said
court at the next term thereof 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
issue execution therefor.


SEC. Z. Be Il 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 court, be admitted q de-


ndant and be allowed to defend the extent of the inter-
est propounded by him but person shall be beard in
defence until he shall file plea, verified by affidavit and
signed BY him. setting forth that alien enemy has any
interest the right which he asserts for which he m
gates either directly or indirectly by trust open or secret
and that he tgates solely for himself for citizen
of the Confederate States whom he legally represents and
when the defence conducted for Of another
in whole part the plea shall forth the aud
residence of such other person. and the relation that the
defendant bears To him in the litigation IL the case in
wolves matter which should be tried by ury according
the of law, the defendant shall be entitled
to jury trial If involves matter Of equity jurisdiction.
the court sh al according to its usual mode of





eracy from time TO tme establish rules OF procedure
under this not inconsistent with the other laws
of these Confederate States


SEC g. Be further enacted That the clerk of the court
sha at the request of the Receiver rme time,
sue wris Of g9rnshmen directed to one or more persons
commanding them appear the then sitting, or at


future term Of the court and 10 under oath what
property effects of alien enemy he had at the
of the process since has bad under his possession
control belonging to held for alien enemy, in
what if M at the time Of service of the
garnishment or since been indebted any alien
~. shall condemn
pery effects debts according TO the and TO
make such rules and orders for the bringing in Of third
persons claiming disclosed BY the I" have in
teres the litigation 10 shall proper; but in no
shall be heard in respect thereto until he SHALL
BY plea forth substantially the matters before
required of parties pleading And the decree Judgment
of the rendered in conformity TO this act shall Or
ever protect the garnishee IN respect 10 ine
And all garnhment under this act the Receiver
test the truth of the garnishees by filing
statement under oath. that he believes the To be
Enrue specifying tue particulars in which he believes the
garnishee has by omission or commission not answered
truly; whereupon the shall issue TO be made
between the Receiver and the garnshee and rem
dered the trial of other And IN all OF
litigation under this act the Receiver PROFOUND inter
ngstores Ia the adverse party touching matter nrov
ed in the litigation a copy of which shall be served the
opposite party his attorney and which shall be answer
ed under oath within thirty days of such service and upon
failure so t. answer The caurt shall make such disposition
of the shall il most promotiTe OF Justice,
should it deem the nterrOgaories
in order to discovery the court shall mprson the
party in default until full answers shall be made.


SEC. 9. BE ii further ehcctsd, That it shall be
the duty Of the District Attorney Of the Confed-
crate States diligently to prosecute all causes iusti-
tuted under this act and he shall receive compensation
therefor of per cent and from the fruits of all ,-
Cation instituted under this act: roried That no matter
shall be called gaed except defendant be admitted by
the court, and proper plea be filed:


SEC 10. Be b farker eHaeted, That each Receiver ap-
pointed under this act SHALL at least every six months and
much Ofener he be required by the court rem
DEF and perfect account of all matters in his hands
under his control under the law and shall make and
state just aud perfect accounts and settlements under cath
of his collections Of monies and disbursements under this
law stating accounts and making settlements of all mat
tiers separately the way as il he adminsra
several estates of deceased persons BY separate ap
pointments And the settlements and DEGREES shall be for
each estate separately that the transaction in
ed and preserved separately No settlement above pro-
vded shall however, be made until judgment decree Of
sequesraon shall have passed but the court may at any
time pending litigation require account OF matters in


litigation and in the possession of the Receiver and
make such orders touching the shall protect the
interest of the parties concerned


SEC II. Be it fartLtr eaqet+d That when the ac-
counts Of any Receiver shall be 6ledrespectng any
matter which has passed sequestro.ion, the sba
appoint day for temenr and notice thereof shall be
published c0nsecutvey for four weeks in
paper the pace of holding court and the clerk
the District Attorney of the Confederate STATES for the
court where the matter is 10 be heard and it shall be the
duty of said District Attorney attend the settlement and
represent the Government and see that full true and
Just settlement is made The several settlements preced
ing the final shall be nterncut"rv only and be
inpeached at the final settlements which latter shalt be
conclusive unless reversed or imPeached within two years.
for fraud.


SIC ~ Be IL further enacted That the court having in
rsdicou Of the SHALL whenever sufficient j.
shown herer direct the sale f personal property
other than slaves equestered under this act on such terms
as to it shall best and such sale shall pass the title
of the person whose property the has been
tered.


ments of Receivers for sequesered property shall be
recorded and cnpy thereof shall be forwarded bv
the clerk Of the court 10 the Treasurer Of the Cnned
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 the order Of the Treasurer of the COned
crate 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 bv the and
suit upon his bond And any embezzing any money
under this shall be liable to Indictment and convic


ion shall be confined at hard labor for not less than six
months nor than five years. in the discretion If the
court and fined in double the amount embezzled.


SEC IA Be further enacted, That the President Of the
Confederate States SHALL BY and with the advice ard
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 terms each year. upon notice
given who shall sit long as the business before them
Shall require. whose duty it shall be- under such rules
they adopt, to hear and adudge such claims may
be brought before them BY any aiding this Conedera
cy the present against the United States who shall
aepe that he has been put loss under the the
IIfd States in retaliation of which This act s or
under any other act of the United States or 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 in the present against the United States and
the hndIng 0 sucn commissioners IN taVor OF any suen
claim shall be prma acie evidence of the Othe
demand and whenever Congress shall pass the claim the
shall be paid from money in the Treasury deriv
ed from sequestation under this act ProUd That said
Board of Commissioners shall not continue beyond the
ganzaion of the Court of Claims provided for BY the
stitution 10 which Court of Claims the duties herein pro-
| vded to be discharged by Commissioners shall belong
upon the organization of rad court The salaries Of said
Commissioners shall be at the rate of two thousand i've
hundred dollars per annum and shall be paid from the
Treasury of the COnderacy And it shall be the duty Of
the Attorney General or bis assistant to represent The in
terests of this Government in all arising this
! act before said Board of Commissioners.


SEC I5 Be further enacted, That all the expenses in
CURED in proceedings under this shall be paid from the
sequestered fund.- and the Judges in settling accounts with
Receivers shall make to them proper allowances Of CON-