Year: 1861

cuty il shall be made ~ appear 10 the satisfaction Of the
ample the cart NAV on the failure of the psrty 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 may whenev
in the opinion of the Judge thereof the public exgenees
may require it, order the money due aforesaid 10 be de-
made in conformity to decreal order of the court requi
ring said Receiver to cnPct debts for the payment of
which security may have been given under the provisions
OF this Act the debtor or his security shall fail To the
then upon ten days notice the said debtor and his
security given BY said Receiver of motion be made in
said for jud gment for the 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 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 q de-
fenant and be allowed to defend TO 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 M
gates either directly indirectly by trust open secret
and that be tgates seely for himself for citizen
of the Confederate States whom he legally represents: and
when the defence conducted for account of another
in whole in part the plea shall forth the and
residence of such other person. and the relation that the
defendant bears him in the litigation. If the in
wolves matter which should be tried by jury according
the of common law, the defendant shall be entitled
to jury trial. lft involves matter of equity jurisdiction,
the court sh Ill proceed according to It's usual mode of pro-
ce6ure such and the several of this Cuned
eracy may from time tme establish rules of procedure
under this act not inconsistent with the act or other laws
of these Confederate States.


SEC g. Be tle. enacted That the clerk of the court
shall at the request of the Receiver from rme to tme is
writs of garnishnen directed to persons
commanding them TO appear at the then sitting at any
future term of the court and under oath what
property or effects of any alien enemy he had at the SER
vice of the prDce since has had under his possession
control belonging TO held for alien enemy, or in
what suns be is or was at the time of service Of the
garniShmen since has been indebted to alien
my, and the shall have power TO condemn the pro-
perty effects debts according 10 the answer and TO
make such rules and orders for the bringing in of third
persons claiming or disclosed by the answer
teres the litigation to it shall proper but in no
shall be heard in respect thereto until he SHALL
BY plea set forth substantially the matters before
required Of parties pleading And the decree judgment
of the court rendered in conformity TO this act shall for
protect the garnshee respect the mater involved
And in all of punishment under this act the Receiver
may test the truth of the garniSheeS answer by filing
statement under Oah that he believes the answer to be
Enrue specifying the particulars IN which he believes the
garniShee has by omission commission not answered
truly whereupOn the court shall issue TO be made
between the Receiver and the garnshee and ngmeet rem
dered upon the trial of other issues And III all cases of


litigation under this act the Receiver may PROFOUND inter


gatOres tn the adverse party touching matter nvov
ed in the litigation copy of which shall be served on the
opposite party his attorney and which shall be answer
ed under oath within thirty days of such service and npon
failure to answer the court shall make such disposition
of the cause as shall tn seem most promove oil JUSTICE
should deem to the nterrOgatores necessary
in order To discovery the court shall mPson the
party in default until full answers shall b. made


SEC. 8. Be it further enacted, That it shall be
the duty of the District Attorney of the Confed-
crate States diligently to prosecute all causes inst-
tuted under this act and be shall receive compensation
therefor of two per cent and from the fruits of all lii
CATION instituted under this act: ProTdei That no matter
shall be called aed except defendant be admitted by
the court, and proper plea be filed.


SEC. TO- Be IL further eRacted That each Receiver ap-
pointed under this SHALL at least every six months and
as much oener IS he may be required oy the court rem
deI and perfect account of all matters i'll his hands
under his control under the law and shall make and
Just and perfect and settlements under oath
Of of
law stating accounts and making settlements OF all mat


separately in the way if he administers
of several estates of deceased persons by separate APP
pontmens And the settlements and DEGREES shall be for
each estate separately, that the transaction in
respect 10 each alien enemy property be kept record.
ed and preserved separately No settlement above pro-
vided shall however be made until Judgment decree Of
sequestraon shall have passed but The court at
time pending litigation, require an account OF matters IN


litigation and in the possession of the Receiver and may
make such orders touching the shall protect the
interest of the parties concerned.


SIC H. Be it further eaqcted That when the ac-
counts of any Receiver shall be fedrespecting any
which has passed sequestraton the court shall
appoint day for settlement aud notice thereof shall be
published cOnsecutively for four weeks in some news
p1pe the pace of holding the court and the clerk
the District ATTORNEY of the Confederate States for the
court where the matter is TO be heard and ii shall be the
duty of said District Attorney attend the settlement and
represent the Government and that full, true and
just settlement is made. The several settlements preced
ing the final shall be inerlOcunry only, and may be
impeachpd at the final settlements which latter shall be
conclusive unless reversed mpeached within two years.
for fraud.


rsdction of the shall, whenever sufficient cause l.
shown therefor, direct the sale IF personal property
other than slaves sequeSered under this act such terms
to it shall seem best and such sale shall pass The title
of the person whose property the same has been seues
tered. ......


SEC. la. Be it further enaOed That all settle
ments of Receivers for sequestered property shall be
recorded and a cnpy thereof shall be forwarded by
the clerk of the court to the Treasurer of the Coned
crate States within days after the Decree inter-
final has bppn NJ ba
against the Receiver shall by him be paid into the
court subject the order of the Treasurer of the Cond
crate States and upon the failure of the Receiver for five
days day the same execution shall issue therefor
and he shall be liable to attachment by the court and to
under this act shall be liable to Indictment and on convic
ton shall be confined at hard labor for not less than six
months than FIVE years, in 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 of the Senate if the appon be
made under the permanent Government appoint three dis
Commissioners learned in the law who shall hold at


the seat Of Government two terms each year. npon notice
given who shall sit long the business before them
shall require whose duty shall be- under such rules
they NAV adopt hear and adjudge such claims may
cy in the present war against the United States who shall
age that he has been put to loss under the act OF the
United States in retaliation of which this act passed. or
under any other act of the United States of State


thereof authorizing the seizure, condemnation cOnSca


ton of the properly of citizen resident of The Con-


ederate States other person aiding said Confederate
the finding such Commissioners in favor of any such
claim shall be prma ace evidence Of the correctness ofthe
demand and whenever Congress shall pass the claim the
same shall be paid from any money in the Treasury derv
ed from sequesraon under this act Prooidel That said
Board of Commissioners shall not continue beyond the
ranzation of the Court of Claims provided by
stution 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 hve
hundred dollars per annum, and shall be paid from the
Treasury the COnederacy And il shall be the duty OF
he or
Of this Government in all ar7sng under this
act before said Board of Commissioners. .


SEC Is. Be further enacted That all the expenses IN
CURED in proceedings under this shall be paid from the
sequesered fund.- and the Judges in settling accounts with
Receivers shall make to them proper allowances OF CON-


pensaton taking two and half per cent receipts and
the same amount expenditures. reasonable mpesa-
tOn in all The fees of the officers OF court shall be
h.. .lL-- lnrndE