Year: 1861

propery 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-
manded the receiver and upon demand of the receiver
made in conformity to a decreal order Of the court requ
ring said Receiver 10 collect debts for the payment of
which security have been given under the provisions
of this Act the debtor or his security shall fail to pay the
same then upon DAYS the said debtor and his
security given by said Receiver of motion TO be made IN
said cuurt for Judgment for the amount secured said
court 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 to
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 as de-
fendaut and he allowed defend To the extent of the inter-
est propuuuded by him but no person 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 be t
gates either directly indirectly by trust open secret
and that he gaes solely for himself or for some citizen
of the Confederate States whom ne 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 case in
wolves matter which should be tried by jury according to
the course of comnun law the defendant shall be entitled
jury trial Ifit involves matter of equity jurisdiction
the Sh Ill proceed according to its usual mode OF pro
ceGue such and the several courts OF this Coned
may from time time establish rules of procedure
under this inconsistent with the other laws
of these Confederate States.


SEc s. Be IL further enacted That the clerk of the court
shall the request Of the Receiver from rime To time is
wrtS of punishment directed to more persons
commanding them To appear at the then sitting or at any


future of the court and TO under oath what
property effects of alien enemy be had at the SER
vice of the prccS or since has had under his
control belonging to held for an alien enemy or IN
what SurS if any, he at the time Of service of the
garniShmen since has been indebted to any alien enc
N.Y. and the shall have power To c0ndcmn the pro-
perv effects debts according to the answer and To
make Such rules and orders for the bringing IN q! third
persons claiming disclosed by the answer t" have an IN
ercsl the litigation to it shall seem prOp:r; but in no
shall any be heard i'll respect thereto until he SHALL
by plea set forth substantially the matters before
required of parties pleading And the decree nr Judgment
of the court rendered in conformity to this act shall Ur
protect the sarnshee respect tG the mat involved
And in all n ganShment under tins act The Receiver
test the truth of the garn>hCes answer b. hllng
statement under OATH that he believes the answer 10 De
untrue, specifying the particulars in which he believes the
arshce has, BY omission or commission, rot answered.
truly whereupOn the court shall cause an issue to be made
the Receiver and the SarnShee and ugmeet rem
dered upon the trial of other issues And IN all cases a"
litigation under this act the Receiver may Prooahd lne
rngaore the adverse party touching any matter Invov
ed in the litigation copy of which shall be served on the
nppnsite party his attorney and which shall be answer
ed under oath within thirty days of such service and upon
failure to the court shall make such disposition
of the shall Ia it seem most promolive OF justice
should deem to the nterro2aorleS necessary
in order to discovery the court shall mpiSon the
party in default until full answers shall b. made.


SEC. 9. BE it taFtlsr enGcte,i, That 1t shall be
the duty of the District Attorney of the Confed-
crate States diligently In prosecute all causes lnSi-
tued under this act and he shall receive compensation
therefor of per cent. and cm the fruits o ell HIT
CATION instituted under this act: Pcid That no matter
Shall be called tigated except defendant be admitted by
the court. and proper plea be filed.


SEC 10. BE IL fHJfr eHGc.ei That each Receiver aT-
pointed under this shall at least every six months and
much ofrener he 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 nndrr oath
of his collections of mon and disbursements under this
law stating accounts and making settlements of all mai
separately, in the if be were admInsira
Of several estates Of deceased persons by separate APP
pOinments And the settlements and DEGREES shall be Tor
separately,
respect each alien enemy property may be kept record
vded shall however be made until Judgment decree uf
sequesraon shall have passed but the court may at any
time pending iigaton require an account "f matters IN
itigaun and in the possession of the Receiver and may
make such orders touching the shall protect the
interest Of the parties concerned.


SIC. II. Be f"rther e0acted, That when the &C.
cunts of any Receiver shall be iledrespecting any
matier which has passed sequeStraon the enurt sha
appoint day for settlement and rotice thereof shall be
published c0usecutivelv for four weeks in news
paper the pace of holding the COURT and the clerk
of the shall send copy of such newspaper tn
tho District Attorney of the Confederate States for the
court where the matter to be heard aud shall be the
duty of said District Attorney TO attend the settlement and
represent the Government and that full true and
inst settlement is made. The several settlements preced
ing the final one shall be inerlocu"ry only, and may be
imrcached the final settlements which latter shall be
conclusive unless reversed mpeached within two years


SIC II BE t fprther enacted That the cour having in
rsdcton of the shall. whenever sufficient cause i
shown therer. direct the sale # anv personal properly
other than slaves scquesered under this such terms
as to it shall best and such sale shall pass the title
of the person whose property the same has been seques
tered


SEC. IS. BE it furtha tRqcted That all settle
of Receivers for sequestered property shall be
recorded and a copy thereof shall be forwarded bY
the clerk of the court to the Treasurer Of the Cnnd
crate States within ten days after the decree. inter
locuory final has been passed and all 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
davs to day the same execution shall issue therefor
andh ha he
suit upon his bond. And embcZZling any money
under this shall be liable to Indictment and convic


ion shall be confined hard labor for not less than six
months than five years, in the discretion OF the
court, and fined in double the 9mount embezzled


SEC IA BE farLcr 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 al
the of Government two terms each year. upon notice
given who shall sit long the business before them
Shall require whose duty it shall be- under such rules as
they NAV adopt hear and adjudge such claims
be brought before them by any aiding this Confedera
CIV in the present against the United States who shall
aege that he has been put TO loss under the act of The
United States in retaliation of which this act passed. oT
under any other of the United States any State
thereof authorizing the seizure condemnation consca


ton of the property of any citizen or resident OF the Con
federate States other person aiding said Confederate
States in the present war against The United Staes ant
the finding of such Commissioners In favor OF any Sucf
claim shall be pma ce evidence OF The correctness of h
demand and whenever Congress shall the claim, th
same shall be paid from any money in the Treasury derv
ed from sequestration under this act PrODe That said
Board of Commissioners shall not continue beyond the
ganizaon of the Court of Claims provided for BY the
Sttuon 10 which Court OF Claims The duties herein pro
vided to be dscha ged by Commissioners shall belong
upon the organization Of Ead court The salaries of snc
Commissioners shall be the rate of two thousand five
hundred dulars per annum and shall be paid from th
Treasury of the COnedeacy. And it shall be the duty
the Attorney General his assistant to represent the in
terests If this Government in all cases arising under thi
act before said Board Of Commissioners.


SEC l5 Be further enacted, That all the expenses in
CURED in proceedings under this act shall be paid from h


Ind i'm


Receivers shall make to them proper allowances Of com


pensaton taking and half per cent. on receipts ant


the same amount expenditures reasonable mpensa


tion in all The fees of the officers OF court shall


such allowed bv law for similar services. In 0the


to be pad however only from the sequeserel fund


Pr00ded. That all sums realized by any Receiver IN on


year for his services exceeding five thousand dollars sha


be paid into the Confederate Treasury for the use Of tn
Confederacy.