Year: 1861

of the court that the securities of such debtor or pels)n are not ample, the court may on me iaiiuo of the party to give sufficient additional security; render judgment against all the parties on the oola for the recovery of le debt or property fToous"' further, That said court may, whenever Ill .io opinion of the judge thereof the pubic eAlSenGIes may require it. order the money due as ~ be demanded by the receiver, and if upon oeinalu of the receiver, made in conformity to ueo eO"l order of the court requiring saidrecelVef 'oeolooe any debts for the payment of which securi'y iuay have been given under the provisions ot thS act' JIG debtor his security shall fail to pay the sae' 'ei upon ten days notice to said debtor anu HIS oeou rity given by said receiver, of motlon to oe ni'e in said court for judgment for the amount so eeoui ed said court at the next term thereof, may proceeu to render judgment against said plnclpai anu 'I:o rity, or against the party ed with SUCH no'Io for the sum so secured with interest thereon, III the name of said receiver, and to issue executlol 'heie for.

 SEC. :. Any person in the possession ana contfoi of the subject matter of any such suit, or clai'iS any interest therein, may, by order or the cour'' be admitted defendant and may De alloweu 'o defend to the extent of the interest piopouIueu o him; but no person shall be heard III defence untli he shall file pea verified by affidavit and signed by him, setting forth that no alien enemy has any interest in the right which he asserts or for which he htgates, either directly or indirectly, by trust' open or secret and that he litgates solely Tor nm self, or for citizen ot the Confederate otates whom he legally represents and when the delehce is conducted for or on account ol anothef, Ill Woie or in part the plea shall set forth the name and re- sidence of such other person, and the relation that the defendant bears to him in the litigation. Ii the cause involves matter which should be tired by a iury according to the course of the common law, the defendant shall be entitled to a jury trial. Ii

 1t involves matters of equity Jursdlctlon the court shall proceed according to It's usual mode Of pro- -,,,6o o,,Jt t1a aralc Confederacy may, from time to time, establish rules of procedure under this act, not inconsistent with the act or other laws of these Confederate States.

 SEC 8. Be h further enacted, That the clerk of the court shall at the request of the recelver from time to time, issue writs of garnlshment, directed to one or more persons, commanding them to Ap- pear at the then sitting, or at any future term of the court and to answer under oath what property or effects of any alien enemy he had at the service of the process, or since has had under his posses sion or control belonging to or held for an alien | enemy or in what sum- if any, he IS or was at the | time of service of the garnshment, or since has | been indebted to any alien enemy, and the court shall have power to condemn the property or effects l or debts, according to the answer, and to make l such rules and orders for the bringing in of the third persons claiming or disclosed by the answer to have an interest in the litigation as to it shall seem proper; but in no case shall any one be heard

 in respect thereto until he shall by plea set forth substantially the matters before required of l parties pleading. And the decree or judgment of

 the court rendered in conformity to this act, shall forever protect the garnishee in respect to the mat ter involved. And in all cases of garnishment un- der this act the receiver may test the truth of the garnishee's answer by filing a statement, under oath, that he believes the answer to be untrue, spe cifying the particulars in which he believes the garnishee has, by omission or commission, not an trlIlV " issue to be made between the receiver and garni shee, and judgment rendered. as upon the trial Of other issues And in all cases of litigation, under this act the receiver may pr0pound nterrogatories tc the adverse party touching any matter involved in the litigation, copy of which shall be served on the opposite party or his attorney, and which shall be answered under oath within thirty days of such service, and upon failure to answer, the l court shall make such disposition of the cases as shall to it most promotive of justice, or should | it deem answers to the nteTOgatores necessary in order to discovery, the court shall imprison the party in default until full answers shall be made. SEC. g. It shall be the duty of the District At torney of the Confederate States diligently to pro- secue all causes instituted under this act, and he shall receive as a compensation therefor two per cent upon and from the fruits of all litigation r- stituted under this act: PrOrided, That matter shall be called litigated except defendant be ad- mtted by the court, and proper plea be filed. lU. ceiver appointed under this act shall, at least every six months. and as much oftener as he may be re- uuired, by the court, render true and perfect ac count of all matters in his hands or under his tr0l under the law, and shall make and state just and perfect accounts and settlements under oath of his collections of moneys and disbursements under this law stating accounts and making settlements of all matters separately, in the way if he were administrator of several estates of deceased persons by separate appointments. And the set dement's and decrees shall be for each or es- tate separately, so that the transaction in respect to each alien enemy's property may be kept record | ed and preserved separately. No settlement as above provided shall, however, be made until judg ment or decree of sequestratiOn shall have passed, but the court may at any time pending litigation, require an account of matters in litigation and in the possession of the receiver, and may make such orders touching the same shall protect the inter est of the parties concerned.

 SEC H. When the accounts of any receiver shall be filed respecting any matter which has pas sed sequesration, the court shall appoint day for settlement, and a notice thereof shall be published consecutvely for four weeks in some newspaper near the place of holding the court, and the clerk of the court shall send copy of such newspaper

 to the District Attorney of the Confederate States for the court, where the matter is to be heard and it shall be the duty of the said District Attorney to attend the settlement and represent the govern

 

 is made. The several settlements preceding the final one shall be interlocutory only, and may be mpeached at the final settlements, which latter shall be conclusive, unless reversed or impeached within two years, for fraud.

 SEC 12. Be n further enacted That the court having jurisdiction of the matter shall, whenever sufficient cause is shown therefor, direct the sale of any personal property, other than slaves, seques tered under this act, such terms as to it shall seem best and such sale shall pass the title of the person as whose property the same has been seques tered.

 SEC 13. All settlements ofaccounts ofreceivers for seuuestered property shall be recorded and a CODY thereof shall be forwarded by the clerk of the court to the treasurer of the Confederate States, within ten days after the decree, interlOcutory or final has been pissed sand all balances found against the receiver shall by him bepad over into the cour !, subject to the order of the treasurer of the Conte. derate States, and upon the failure of the receiver for five days to pay over the same, execution shall issue therefor and he shall be liable to attachment by the court, and to suit upon his bond. And any one embedding any money under this act shall be liable to indictment, and on conviction shall be confined to hard labor for not less than six months nor more than five years, in the discretion of tho court, and fined in double the amount embedded

 SEC. 14 Be t further enacted, That the Presi dent of the Confederate States shall, by and with the advice and consent of Congress, of the Se nate, if the appointment be made under the perma- nent government, appoint three discreet commis- sioners learned in the law who shall hold atthe seat of government two terms each year, upon notice given, who shall sit so long the business before them shall require; whose duty it shall be, under such rules as they may adopt, to hear and adjudge such claims as may be brought before them by any