Year: 1861

property: Provided further That said court nav whenev
er IN the opinion of the Judge thereof public exgences
may require order the money due as aforesaid TO be de-
manded by the receiver and upon demand of receiver
made in conformity to decrea order Of the requ
rng said Receiver to collect debts for the payment of
which security have been given under the provisions
OF this Act the debtor his security shall fail to pay the
same then ten days notice the said debtor and his
security given by said Receiver of motion to be made in
said court for Judgment for the so secured said
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


SEC. Z. 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 as a de-
fendan and be allowed to defend the of
est proP"unded by him but no person shall be heard in
signed by him, setting forth that alien enemy has any
interest in the right which he asserts for which he t
gates either directly indirectly by trust open secret
and that he igates solely himself citizen
of the Confederate States whom he legally represents and
when the defence is conducted for of another
in whole or in part the plea shall set forth the and
residence OF such other person. and the relation that the
defendant bears TO him in the litigation. If the case in
wolves matter which should be tried by jury according to
the of common law the defendant shall be entitled
jury trial Ifit involves matter of equity jurisdiction,
the Ill proceed according usual mode of pro-
ce6ure in such and the several courts of this COne
eacy may from time to tme establish rules of procedur
under this inconsistent with the act other laws
of these Confederate States.


SEC s. Be further enacted That the clerk of the court
shall the request of the Receiver from time me is





commanding them to appear ut the then sitting or at any
future of the court and TO under oath what
property or effects of any alien enemy he had at the SER
of the process since has had under his possession
control belonging TO held for alien enemy IN
what SUM- If he is or at the time OF service OF the
punishment, has been indebted tn alien
my, and the shall have power 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 or disclosed by the have in
the litigation il shall proper but IN no
shall any be heard in respect thereto until he SHALL
fail
required of parties pleading And the decree or Judgment
of the court rendered in conformity TO this act shall for
protect the ganIshee respect to the matter involved
And in all of under this act the Receiver
test the truth of the garui>hees answer by ming
statement under OATH that he believes the 10 be
untrue specifying the particulars in which he believes the
ganshee has by omission or commission not answered
truly whercupOn the court shall cause an issue TO be made
between the Receiver and the garnShee and udgmeet rem
dered upon the trial Of other issues And in all cases OF


litigation under this the Receiver PROFOUND inter
rngatores the adverse party touching matter nvov
ed in the litigation copy of which shall be the
opposite party his attorney and which shall be answer
ed uner oath within thirty davs of such service upon
failure so II answer the court shall make such disposition
of the shall to il most promove oi justice,
should deem n the nterroEaores necessary
in order discovery the court shall mprlSon the
| party in default until full answers shall b. made.
SEC. 9. Be it fa'ther enacted, That it shall be
| the duty of the District Attorney of the Coned-
crate States, diligently to prosecute all causes ins-
tuted under this act and he shall receive compensation
therefor of two per cent and from the fruits of all m
cation instituted under this act PoUae That no matter
shall be called tigated except defendant be admitted by
| the court, and proper plea be filed.


SEC 10. Be IL further eHactei That each Receiver a7-
poin-d under this SHALL at least every six months and
much ofiener he be required by the court rem
der true and ue feet account of all matters his hands
or under his control under the law, and shall make and
Just and perfect and settlements under Oath
of his collections Of monies and disbursements under this
law stating accounts and making settlements OF all mat
separately, the il he were administra
of several of deceased persons by separate
pontmentS And the settlements and DEGREES shall be for
each estate separately 50 that the transaction III
respect to each alien enem property may be kept record
ed and preserved separately y" settlement rs above pro-
vded SHALL however be made until Judgment or decree OF
seouesrati shall have passed but the court at


time pending litigation require an account OF matters IN
ltiguOn and in the possession of the Receiver and
make such orders touching the shall protect the
interest of the parties concerned


counts of anv Receiver shall be fedrespecting any
which has passed sequeStraton, the court sha
nnnont day for settlement and notice thereof shall be
published cUnsecuvev for four weeks in some news
paper the pace of holding the court and the clerk
of the court shall serd copy Of such newspaper to
court where the to be beard and it shall be the
duty said District Attorney TO attend the settlement and
represent the Government aud that full true and
Just settlement is made The several settlements preced-
ing the final shall be nterocutory only, and may be
mpeached at the final settlements, which latter shall be
conclusive unless reversed mpeached within two years.


Ssc II Be IL further enacted That the having ju
risdctiou of the matter SHALL whenever sufficient j.
shown therefor direct the sale # personal property
other than slaves sequesterd under this such terms
as to it shall seem best and such sale shall pass the title
the person whose property the same has been seues-
tered


SEC 10. Be it furth1 enacted, That all settle
ments of Receivers for sequesered property shall be
recorded and a copy thereof shall be forwarded bv
the clerk of the court to the Treasurer OF the Ccned
crate States within ten days after the decree, inter.
Iocutorv OF na 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 Conted-
crate States and upon the failure of the Receiver for five
days TO dav 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 embezzling any money
under this act shall be liable to Indictment and convic-


on shall be confined at h2rd labor for not less than six
months than FIVE years. i'll the discretion OF 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 and
sent of Congress- the Senate if the appointment be
made under the permanent Government appoint three alS
Commissioners learned in the law who shall hold al


the seat of Government terms each year. upon notice
given who shall sit long as the business before them
Shall require whose duty shall be- under such rules as
they NAV adopt hear and adudge such claims asSnay
be brought before them by any aiding this Confeder
CIV in the present against the United States who shall
aege that he has been put to loss under the act o the
limited States in retaliation of which this act passed. or
under any other act OF the United States or any State
thereof authorizing the SEIZURE condemnation or conhSc


ton of the property of any citizen resident of the Con-
federate States other aiding said Confederate
States in the present against the United States and
the finding of such Commissioners IN favor of any sucn
claim shall be prma ace evidence of the correctness OF the
demand and whenever Congress shall pass the claim the
shall be paid from any money in the Treasury deriy
ed from sequestraton under this act PoUad That said
Board Commissioners shall not continue beyond the or
panzation of the Court of Claims provided for BY the
stituton to which Court of Claims the duties herein pro-
vded to be discharged by Commissioners shall belong
upon the organization of raid court The salaries of Said
Commissioners shall be at the rate of two thousand hvC
hundred dollars per aunum, and shall be paid from The
Treasury of the Confederacy And it shall be the duty
the Attorney General his assistant TO represent the in
teests of this Government in all arising under this
act before said Board Of Commissioners.


SEC 15 Bel further enacted That all the expenses in
CURED in proceedings under this act shall be paid from the
seduestered fund.- and the Judges settling accounts with
Receivers shall make TO them proper allowances of com
pensaton taking and half per cent receipts anC
the same amount expenditures reasonable cmpensa
ton in all cases The fees Of the officers of court shall b
such as are allowed by law for similar services. In ohe
be paid however only from the sequestered fund


PoUded That all realized by any Receiver in one
wear for his services exceeding i've Thousand dollars shall
be paid into the Confederate Treasury, for the of the
Confederacy


SEC 49, BE furthsr enacted, That the Attoney-Gene
,rr,lna nE