Year: 1861

y tn inform the Receiver hereinafter provided be ap-
pointed of the same and to render account there
and far is practicable place the same in the hands
of such Receiver whereupon person shall be fully
reported and turned over And any such person wifuy
falling to give such information and such
ment and conviction shall be fined in a sum not exceeding
five thousand dollars and imprisoned not longer than six
months said fine and Imprisonment be determined by
the court trying the case, aud shall further be liable be
sued by said Confederate States md subjected TO paw
double the value Of the estate property effects of the


SEC 1t shall be the duty Of the several Judges of this
Cnfederacy TO give this act specially in charge the
Grand Jures these Confederate States and shall be their
duty at each sitting we'll and truly to inquire aud report
all lands enements and heredtaments goods and chaels
rights and credits and every interest therein, within the
jurisdiction Of said Grand Jury held BY or for ay alien
and shall be the duty of the several Receivers
appointed under this act 10 take copy of every such
port and TO proceed in obtaining the possession and
troll of all such property and effects reported and in
stute proceedings for the sequesraOn thereof in the
manner hereinafter provided.


SEC 5. Be a. frtLer eHacted That each Judge of this
Confederucy shall, as early practicable, appoint Re-
cever for each section of the State for which holds
court ard shall require him, before entering upon the
duties Of his Office. to give bond in such penalty may
be prescribed BY the Judge with good and sufficient secu
riy be approved by the Judge conditioned that he will
diligently and faithfully discharge the duties imposed up
ON him 6v law And said officer Shall hold his Office at the
pleasure of the Judge of the district which
he appointed and shall be removed for ncompetcncy
inefcency, nfdety in the discharge of his trust And
should the duties of any such Receiver time appear
to the Judge TO be greater than be efficiently perform
ed by him. then shall be the duty of the Judge to divide





districts according TO the necessities of the and
appoint Receiver for each of said newly created districts
And such Receiver shall asn before entering upon
the duties of his office, make cath in writing before the
Judge of the district section for which he is appointed
diligently and well and truly to the duties of this
office.


SEC 6. Be Il pher enacted That it shall be the duty
of the several Receivers aforesaid TO take the possession
control and management of all lands, tenements and here
dtamenS goods and chates rights and credits of each
and every alien enemy within the section for which he
And TO this end he is empowered required whenever
nf
for and recover the the of said Coufed
crate States allowing in the recovery of credits such de-
lays have been nav be prescribed in any State
to the collection of debts therein during the And
the form and mode Of action, whether the matter be of
jurisdiction in law equity shall be by petition TO the
court setting FORTH as best he can the estate property


right thing sought to be recovered with the Of
the person holding exercising supervision over in losses
sion Of or controlling the same the may be, and
praying sequesIation thereof Notice shall hereupon
be forthwith issued by the clerk of the court, by the
Receiver 10 1ch person. with enpy OF The petition, and
the shall be served by the Marshall his deputy and


turned to the courts other process in law
whereupOn the sh be docketd and stand for trial
in the according the usual course of business
and the court or Judge SHALL at any time make all orders
oi SEIZURE that may seem necessary TO secure the subject
matter OF the suit from danger O loss injury destruction
waste and may pending the make orders of sale
in that 10 such Judge court necessary
s preserve properly sued for from peshng
Provided. That in any when the Confederate Judge
shall ind it Ia be with the saie-kerpng of the
property sequesierCd leave the tie hands and
under the cutrOl Of debtor person whose hands
the real estate and slaves were seized who NAV he in nos
session o the said property credits he shall order the
same TO remain in the hands nnd under the control Of said
DEBTOR person in whose hands the real and slaves
seized requiring in every such such security for
the safe keeping of the property and credits he deem
sufficient for the purpose aforesaid and to abide by such


further orders as the court make in the premises But
this prOvsO shall apply n bank other corporation
stock due which be due thereon, TO
rents real estates in cities And debtor other
person shall be entitled TO the benefit Of this provso unless
he has first paid into the hands of the Receiver all interests
net profits which have accrued since the 2lst May,
eighteen hundred and sixy-one; and in all coming
under this proviSO such debtor shall be bound
annually TO the Receiver all interest which may
the same falls due and the person in whose hands any
other property may be left shall be bound account for
and pay annually the Receiver the net income
profits of said properly and failure of such debtor
other person pay such interest net income prof
its, the same falls due the Receiver may demand and
recover the debt or property And wherever after ten
DAYS notice tu debtor person in whose hands prop
-ery debts be left of an application for further
curity it shall be made to appear to the satisfaction of the
that the securities of such debtor not
ample the curt may, the failure of the party to give
sufficient additional security render judgment against all
the parties on the bond for the recovery Of the debt or
property Provided further That said court whenev
the opinion of the Judge thereof the public exgences
require it, order the due aforesaid to be de-
manded by the receiver and upnn demand O the receiver
made in conformity TO decreta order of the curt reqn
ring said Receiver cllec debts for the payment Of
which security may have been given uHder the provisions
of this Act the debtor his security shall fail Ia pay the
then upon ten DAYS notice the said debtor and his
security, given by said Receiver of motion 10 be made in
said court for judgment for the amount secured,
court at the next 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
issue execution therefor.


SEC. I 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 court, be admitted de-
fendan and be allowed to defend the extent of the inter-
est propounded by him but 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 he it
gates either directly indirectly by trust open secret
and that he gates solely for himself or for some citizen
of the Confederate States whom he legally represents and
when the defence is conducted for of another
in whole part the plea shall forth the and
residence of such other and the relation that the
defendant bears him in the litigation. IL the in
wolves matter which should be tried by jury according to
the Of common law the defendant shall be entitled
jury trial. fit involves matter of equity jurisdiction
the cnurt sh Ill according 10 its usual mode of pro
ce6ue in such and the several courts of this Conted
eracy may from time 10 time. establish rules of procedure
under this act inconsistent with the other laws
of these Confederate States.
SEC. s. Be further enacted That the clerk of the court
shall at the request of the Receiver from time time
writs of garnshment directed persons
commanding them to appear at the then sitting or ut any
future term of the court and to under oath what
property effects of alien he had at the
vice of the process since has had under his possession
control belonging TO held for alien enemy, or in
what if he is at the time Of service of the
punishment, since has been indebted to any alien
N.Y. and the court shall have power 10 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 disclosed by the tn have in
erest the litigation to it shall proper; but in
case shall any be heard respect thereto Ill he SHALL
BY plea. set forth substantially the matters before
required of parties pleading And the decree or Judgment
of the court rendered in conformity this ac shall for
protect the gsrnshee respect to the matter involved
And in all of garnshmen under this the Receiver
may test the truth of the garnishees answer by filing
statement under OATH that he believes the to be
sntrue specifying the particulars which he believes the
parnshee has by omission commission, not answered
truly whereupon the court shall issue TO be made
between the Receiver and the garnshee and udSmee
dered upon the trial Of other issues And all of


litigation under this act the Receiver may PROFOUND inter-
rogatores the adverse party touching matter nvov
ed in the litigation. copy of which shall be served on the
opposite party attornev and which shall be
ed under oath within thirty days of such service and upon
failure answer the court shall make such disposition
of the shall TO most promotive of justice
should il deem the nterrogaores necessary
in order to discovery the court shall mprson the
i'm ac,uItn fpIla bn ma