Year: 1861




men and conviction, shall be fined in a exceeding
five thousand dollars aud imprisoned not longer than six
months said fine ard imprisonment TO be determined by
the court trying the case and shall further be liable be
sued by said Confederate States, and subjected pay
double the value OF the estate property effects Of the
alien enemy held by him or subject to his control.


Sec 1t shall be the duty Of the several Judges of this
C"ntedemcy to give this specially charge the
Grand Jnre OF these Confederate States and shall be their
duty at each sitting well and truly inquire and report
all lands tenenents and hereditamens goods and chaes
rights and credits and every interest therein within the
jurisdiction of said Grand Jury held by or for ay alien
enemy and II shall be the duty of the several Receivers
appointed under this act 10 take copy of every snrh
port and o proceed in obtaining the possession and
trnl of all such property and effects reported aad in
sute proceedings for the sequesatiOn thereof in the
manner hereinafter provided


SIC 5 BE IL fartl enacted That each Judge of this
Coniedsacy haI as early as practicable appoint Re-
ceiver for each section of the State for which he hulds
court, and shall require him. before entering upon the
duties Of his office tn give bond in such penalty
be prcScr by the Judge, with good and sufficient
ry To be approved by the Judge conditioned that he will
diligently and faithfully discharge the duties imposed up
on him BY law. And said officer shall hold his office the
pleasure of the Judge of the district section for which
he appointed and shall be removed for incompecncy
ineicency, ufdey in the discharge of his And
should the duties Of any such Receiver time appear
the Judge be greater than be efficiently perform
ed by him. then il shall be the dnty of the Judge divide
the district r section into one or more other Receivers
DISTRICTS according the necessities of The case and
appoint Receiver for each 0f sad newly created districts
Aud every such Receiver shall also, before entering upon
The duties of his Office, make oath in writing befnrc the
nd"e o the district section for which he appointed,
diligently and well and truly to the duties of this
office.


SEC c. Be fDtler enacted That it shall be the duty
of the several Receivers aforesaid take the possession
c"nr" aud management of all lands tenementS and here
ditarens goods and chattes rights and credits nf each
and alien enemy within the section fur which he
And 20 this end he empowered and required whenever
necessary for accomplishing the purposes of this Act To
'r and recover the in the of said Cunfd
crate States. allowing the RECOVERY "f credits sUch de-
lays may have been be prrSr bed in any State
to the collection us debts therein during the war. And
the trm ard mode rf action, whether the matter be Of
jurisdiction in law equity, ehal be by petition To the





right thing sought 10 be recovered, with the of
the person holding exercising supervision in loSes
sion OF ar controlling the thc may be- and
praying srqucStIarion thereof Notice shalt thercupon
be forthwith iS>ied by the clerk of The court BY the
Receiver, to such person. with copy of the petiton and
tie shall be served by the Marshall his deputy and


turned I" tue courts rs other process in law
whereupuu the sh he docketld and stand for trial
in the court according the usual of its business
and The court Judge SHALL any time make all orders
o seizure that Ray necessary To the subject
OF the suit from danger of loss injury destruction
and may pending the cause make orders ot sale
in that such Judge necessary
preserve property sued for perishur
Provided. That when the Confederate Judge
shall hnd 1t I" be consistent with the Sake ping of the
property sequeSreed leave the in Tie hands and
under tie cntrl of any debtor person in whose hands
the real estate and savps seized who be in pos
session of 'e said property credits lie shall order the
To remain in The hands and under the control If said
debtor or person ~ whose hands the real estate and slaves
seized recurring in such such security for
the safe keeurg of the property and credits he deem
sufficient for the purpose aforesaid and to abide bv such
further ders as the cnurt make in the premises But
tins prUvSu shall not apply 10 bank other corporation
stock dividends due which be due thereon, TO
rents real estates in cities. And debtor other
person shall be entitled to the benefit o This provo unless
he has fist paid into the hands of the Receiver all interests
profits wach have accrued SINCE the 2is MAY,
eighteen hundred and sXtyoue and IN all cases coming
under this pruviS such debtor shall be bound pay
annually 10 the Receiver all interest which
the falls due and the person in whose hands any
other property may be left shall be bOund account for,
ard annually TO the Receiver the net income
profits oi sad properly, and failure of such DE- bor or
other 20 paw such interest net income prof
its, the falls due, the Receiver may demand and
recover The debt er property And, wherever alter len
davs notice iu debtor in whose hands
ey debts be left application for further
curity VI shall he made To appear To the satisfaction 81 me
conrt that the securities of such debtor person not
ample the cnurt may, the failure of the party 10 give
sufficient additional security render Judgment against all
the parties the bond fer the recovery of The debt
property: Provided further That said cuurt may wenev
or in opinion the Judge thereof the rubc cxgenceS
NAV require order the money due aforesaid be de-
minded by the receiver and demand of the receiver
made in conformity TO decretaI order of the curt rcqui
ring said Receiver cnect debts for tie payment of
which security have been given under the provisions
Of this Act the debtor his security shall fail Ia paw the
same then upon DAYS notice the said debtor and his
security, given by said Receiver, of motion 10 be made in
said cu for judgment for the amount secured, said
court, the term thereof proceed to render
Judgment against said principal aud security, against
the party served with such notice. for the secured
with interest thereon. i'll the Of said Receiver and 10
issue execution therefor


SIC Z. Be IL turthcr 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-
fndant and be allowed defend the extent of the inter-
propounded BY him. but person sha! 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 ti
gales either directly indirectly by trust secret
and that he tigateS solely for himself for citizen
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 person. and the relation that the
def uau bears him in the litigation IL the caSc in-
wolves matter which should be tried By jury according
the nf common law, the defendant shall be entitled
jury trial If involves matter of equity jurisdiction,
the cnu Sh III pruceed according TO its usual mode uf pro"
ceGue such and the several courts of this Couie
eracy may from time time establish rules of procedure
under this act not inconsistent with the nc; or other laws
Of these Confederate States.


SEC Be further enacted, That the clerk Of The court
sha at the request of the Receiver from time, is
sue wrs of ganishmeut directed to persons,
commanding them TO appear at the then S'tng or nt any
of the court, and under oath what
property effects of alien enemy h. had ut the SER
Of the process since has had under his possession
control belonging TO OF held for alien enemy or IN
what sur if any, he at the time of service of the
garnShment since has been Indebted to any alien enc
N.Y. and the shall have power tu condemn the pro-
perty effects debts according TO the and 10
make such rules and orders for the bringing in OF third
persons claiming disclosed BY the l." have an IN
ierest the litigation TO it shall seem propar; but in no
shall be heard in respect thereto until he SHALL
by plea forth substantially the matters beiQre
required Of pares pleading And the decree judgment
of the court rendered in conformity TO this act shall for
ever protect the garmshee respect G the matter involved
And in all of garnishment under this act the Receiver
NAV test the truth of the garnishees by filing
statement under OATH that he believes the to be
untrue specyng the particulars which he believes the
garnShee has by omission commission, not answered
truly whereupon the cnu shall issue TO be made
between Receiver and the garnhee and udgmeet
dered upon the trial of other issues And in all cases of
litigation under this act the Receiver proround inter-
rnaores the adverse party touching matter nrov
ell litigation copy Of which shall be served the
opposite party his attorney, and which shall be answer
cd under oath within thirty days of such service and upon
failure answer the c0urt shall make sneh disposition
of the canse shall it most promutive of justice
or should deem the nterogaories
in order discovery the court shall mprson the
party in default until full answers shall be made.


SEC. g. BE ID further enacted, That 1t shall be
+ the duty of the District Attorney Of the Confed-
crate States diligently to prosecute all causes insti
tued under this act and he shall receive compensation
therefor Of two per cent and from the fruits OF all ti
ration instituted under this act oved That matter
sbaI ba cad Iitioated eYcent defendant admitted by