Year: 1861

court that the securities of debtor persc
ample the cnur may the failure Of the par To give
the parties the bond for the recovery of the debt
property: Provided further That said court wheuev
in the opinion Of the Judge thereof the public exgence
require it, order the money due afnresa 10 be de-
manded the receiver and fupon demand of he receiver
made in conformity decreal order Of the court requi
ring said Receiver collect any debts for the payment Of
which security have been given under the provisions
of this Act the debtor or his security shall fad to pay the
same then upon days the said debtor and his
security given by said Receiver of motion To be made in
said for judgment for the amount so secured said
court the thereof, may prOcee 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 Rec ver and to
issue execution therefor.


SEc. Z. Be it further enacted, That any person in
the possession and control Of the subec matter Of
any such suit, claiming any intert st therein,
may BY order of the cuurt, be admitted de-
fendant and be allowed to defend TO the ex;eu of The
est prupOunded 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 eaeny has any
interest in the right which he asserts for which he m
gates either directly or indirectly by trust pen secret
and shat he ligates solely for bmse 10 citizen
of the Confederate States whom he legally PRESENTS: and
when the defence is conducted for another
in whole part the plea shall set forth the and
residence Of such other and the re on that the
defendant him in the litigation. If the in
wolves which should be tried by according to
the of common law, the defendant al be entitled
a jury trial lfiI Involves matter of equi Jurisdiction
the cnurt sh al proceed according TO It's usus mode of pro
ce6ure such and tine several If this Confed
from TIME tine establish rule Uf procedure
under this not inconsistent with the act Or other laws
of these Confederate States.


SEC s. BE IL further eRactri That the clerk Of the court
shall the request of the Receiver, from rine time is
wrtS of garnshment directed To persons
commanding them to appear at the then stn or at any
future of the court and 10 answer un der oath what
property effects of alien he lad ut the SER
of the prnceS since has bad under ais possession
control belonging held for alie enemy, nr in
what SUM- if any, he Is the time service of the
garniShmen, since has been indebted t. any alien enc
my, and the shall have power To condemn the pro-
perv effects or debts according the answer and 10
make such rules and orders for the bring ng IN ot third
persons claiming disclosed by the answer I" have an in
teres the g 10 it shall pr pSri 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 deer or judgment
of the court rendered in conformity iO this nc shalt for
protect the garnshec in respect To the m er inrO ed
And in all nf garnShment under thus ac the Receiver
test the truth uf the garn>hees answer by filing
under oath. that he believes the answer to be
untrue specifying the particulars which ne believes the
garnSbee has bv omission cnmInSsiOn rot answered
truly wherepOn the court shall an ssu To be made
between the Receiver and the ganishee and imeei rem
litigation under this act the Receiver may pround inter
rDgaores the adverse party touching lnvor
ed in the litigation copy of which shall be served IN the
opposite party attorney and which shall be answer
ed under cath within thirty DAYS of such service aud upon
failure I" answer the c"urt shatl make such disposition
of the cause shall it most promOtive at Justice,
should il deem the terrogaiories necessary
in order to discovery. the court shall mp1Sou the
| party in default until full answers shall be made -
SEo g. Be it further enacted, That it shall be
the duty of the District Attorney Of the Confed-
States. diligently prosecute all causes insti-
tued under this act and he shall receive compensation
therefor of two per cent and from the fruits OF ell i
CATION instituted under this PrOtd That no matter
shall be called tgated except defendant be admitted by
| the court and proper plea be filed


SEC. TO- Be IL fHScr enacted, That each Receiver ap-
pointed under this SHALL least every six months and
much ufener he be required by the cour rem
der true and perfect account Of all matters IN his hands
under his control under the law and shall make and
and perfect and settlements under oath
of his collections of monies aud disbursements under tins
law stating accounts and making settlements OF all mat
tiers separately, the if he admnistra-
tor of several estates of deceased persons by a
ponments And the settlements and DEGREES shall be Tor
each separately, that the transaction IN
respect to each alien enemy property may he Kept record
ed and preserved separately y" settlement as above pro-
vdcd SHALL however be made until Judgment or decree oi
seauesraun shall have passed. bnt the court may at any
time pending litigation require an account q" matters IN
litigation the possession of the Receiver and
make such orders touching the shall protect the
| interest of the parties cnncerned.


euTts Of any Receiver shall be fledrespectng a"y
mu!er which has passed sequestraon, the court sta
appoint day for setement and rotce th renf shall be
published cunSecuvelv for four weeks in So news
prper the pace of holding The court End the crk
| of the sha send copy of such newspaper to
the District Attorney of the Confedrrate States for the
court where the be heard and shall be the
duty of said District Attorney attend the settlement and
represent the Government and see that tn 'rue ana
inst settlement is made The several settlements prcccd-
ing the inal shall be inerIocuurv only and may be
mpeached at the final settlements which latter shall be
conclusive unless reversed mpeached within two years.


SEC IL Be it furtisr enacted That the having u-
risdcou of the shall whenever Sufficient is
shown therefor direct the sale # personal property
other than slaves sequeSered under this act such terms
as to it shall seem best and such sale shall pass the title
of the whose property the has been seques
| tered.


SEC. IS. Be IL further tnactsd, That all se:tlc-
menis Receivers for sequesteed property shall be
recorded and copy thereof shall be forwarded bv
the clerk of the cout TO the Treasurer OF the Coned
crate States within len days after the decree. inter
locutorv q, na has been passed and al balances found
against the Receiver shall BY him be paid over into the
court subject 10 the order Of the Treasurer OF The Coned
crate States and upon the failure of The Receiver for FIVE
DAYS day the same execution shall issue therefor
and he shall be liable attachment BY the court and tn
suit upon his bond And any ore embezzng any money
under this shall be liable to Indictment and convic


ion shall be confined hard labor for not less than six
months than FIVE in the discretion Of the
court and fined in double the amount embezzed.


SEC Il BE further e"ac'sd That the President nf the
Confederate States SHALL by and with the advice and
sent of Congress- Of the Senate if the appointment be
made under the permanent Government appoint three dis
Commissioners learned in the law who shall hold at
of Government two terms each notice
given who shall sit long the business before them
shall require whose duty shall be- under such rules rs
they adopt to hear and adudge such claims as may
be brought before them by AIRY aiding this Confcder
in the present against the United States who shall
aege that he has been put to loss under The act Of the
United States retaliation of which this act is passed
under other of the United States of any State


thereof authorizing the seizure condemnation or c"nScH


on the property Of citizen resident Of The Con-


derae States or other person aiding said Confederate
States in the present war against the United States and
the finding of such Commissioners in favor OF any such
claim shall be prma ce evidence of the correctness "fhe
demand and whenever Congress shall pass the claim the
shall be paid um money in the Treasury deriy
ed from sequestration under this act Pro0d That said
Board of Commissioners shall not continue beyond the or
ganzation of the Court of Claims provided for by the
sutieD which Court of Claims the duties herein pro-
yded be discharged BY Commissioners shall belong
upon The organization Of raid The salaries of said
Commissioners shall be at the rate of thousand five
hundred dollars per annum, and shall be paid from The
Treasury of the Confederacy And shall be the duty OF


the Attorney Generation his assistant to represent the in
tercss of this Government in all arising under this
act before said Board of Commissioners


SEC Is. BE further endcEed That all the expenses in
CURED in proceedings under this act shall be paid from the
sequesered fund and the Judges in settling accounts WIN
Receivers shall make to them proper allowances of COM
pensatOn taking two and half per cent on receipts ana
the same amount expenditures reasonable 'mpens


on in all The fees Of the officers OF court shall be
snch allowed by law for similar services In oiher
tn be naid however only from the se9uesteed nnd


Provided That all realized BY Receiver IN one