Year: 1861

ample the coo rt may on the failure of the party give
the parties ON the bond for the recovery The debt
property Pre- vded further, That said court whenev
er in the oul of the Judge thereof the public e1genees
re1Ge it. order the money due aforesaid TO be de-
mand tE The receiver and upon demand OF the receiver
made in T0tnnty decreal order OF the court requ
ring said Ice to cuect debts for the payment of
which security have been given under the provisions
ofthis act the debtor his security shall fail to pay the
theH up days notice the said debtor and his
security ver by said Receiver, of motion to be made in
said for udg nent for the amount secured said
court at the xt term thereof may proceed to render
Judgment agai said principal and security, or against
the pasy with such notice. for the sum so secured
with interest in the name of said Receiver and to
issue execution therefor.


SEC T. b. al 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 orc er of the court, be admitted de-
fendau;Gud allowed To defend to the extent OF the inter-
est pc'ndt by him; but no person shall be heard IN
sgnedby hu setting forth that alien enemy has any
in tn right which he asserts for which he iti-
directly indirectly, by trust open secret,
anG het be tgateS solely for himself for citizen
of the Ceued States whom he legally represents and
when the dee conducted for or on account OF another
in Who'll. part the plea shall forth the and
reGerce of ,ch other person. and the relation that the
Defendant bears him in the litigation. Ii the case in
wolves matter which should be tried By jury according to
the course of law the defendant shall be entitled
acrF trial Ifit involves matter OF equity jurisdiction,


the sh III proceed according to its usual mode of pro
ce6ure IN sue cases. and several of this Cone
eracy r time TO rime establish rules OF procedure
under ths ac inconsistent with the other laws
of ih>s. Conf derate States.


Syc Be % further enacted That the clerk of the court
shall the request of the Receiver from lime to me Is
size writs uf punishment directed persons
cummSld;ng hem TO appear the then sitting or ut any
the court and 10 under oath what
pIupey ects of any alien enemy he had at the
vice al the p since has had under his possession
or control bel nong held for alien enemy, ar IN
what if he at the TING OF service of the
crrSament since has been indebted To alien enc
N.Y. AID the shall have power 10 condemn the pro-
peTtysr effects debts according 10 the answer and to


make such rules aud orders for the bringing in OF third
disclosed the nave an IN
the Ii gaiOn il shall seem proper but III no
case Shall anv on be heard in respect thereto until he SHALL
by plea forth substantially the matters benre
required of parties pleading And the decree or Judgment
OF tie court rendered in conformity TO this act, Sha! r
protect the rnIshec in respect to the matter involved
hn ul cases garnShment under this act the Receiver
may SeSt the truth of the garniShees answer by filing
sateaen under OATH that he believes the answer to be
specifying the particulars in which he believes the
g1rnShce has, bv omission commission nos answered
truly wheTerpon the court shall cause an issue 10 be made
between the Receiver aud the Garnishee and udgmcet rem
6cT0 the trial Of other issues And IN all cases oil
liriun under this act, the Receiver PROFOUND inter
t the adverse party touching any matter
ed in the litigation u copy of which shall be served on the
party his attorney, and which shall be answer
e Ener oath within thirty days such service and upon
fiEre answer The shall make such disposition
of the shall To it most rrumotIve OF justice
or o IL deem answers to the iuerroratories necessary
in order discovery the court shall impriSon the
party in default until full answers shall be made.


! SEc. 9. Be 1t rartier ehqeteJ, That it shall be
! the duty of the District Attorney OF the Conied-
erte States diligently to prosecute all causes instl-
tni-d under this act and he shall receive compensation
therefor at from the 1TuiS Oh All
eson instituted under this Poeied That nn matter
shall be called tgaed except defendant be admitted by
| the court, and proper plea be filed


SEC 10. BE II further 1EIH'ei That each Receiver a-
pointed under this act SHALL at least six months and
R,uch he be required by the court
der and perfect of all matters in his hands
under his control under the law. and shall make and
and perfect accounts and settlements under "th
of his collections monies and disbursements under this
law stating and making settlements of all mat
tiers separately, the If he admnistra-
TOR of several estates oc deceased persons By separate APP
And and he
each estate separately that the transaction III
respect each alien enens property be kept record.
e6 and preserved separately No settlement above
vidcd shall however be made until Judgment decree Of
sequeSraton shall have passed. but The court at any


gation and in the possession of the Receiver and may
make such orders touching the shall protect the
interest Of the parties Concerned


| SIC II. Es IL fgrth,r tSdct.d That when the ac-
! unts Of any Receiver Shall be ftdrespecting any
alter which has passed seque>tration, the Court sha
appoint day emenr and notice tn, re"f shall be
published cnnSccuiivey for four weeks in
paper the pace of holding the court and the clerk
Of the court shall serd copy Of such newspaper to
the District Attorney of the Confederate States for the
court where the matter is to be beard and it shall be the
duty of said District Attorney to attend the settlement and
lust settlement is made The several settlements preced
ing the final shall be nterocut"rv only, and be
iripcachcd the final settlements which latter shall be
conclusive unless reversed or mpeached within two years.
! for fraud.


rsdcon of the matter shall whenever sufficient cause
shown therefor direct the sale rf personal properly
other than slaves equeStered under tis on such terms
as to il shall best and such sale shall pass the title
of the person whose property the same has been seueS-
tered.


menrs of Receivers for sequestered properly shall be
| recorded and copy thereof shall he forwarded by
tie clerk of the cOu't to the Treasurer OF the Coned-
crate States within ten days after the decree inter
ocutorv ui final has been passed and al balances found
against the Receiver shall by him be paid into the
court subject order of the Treasurer of the Cnnfed
crate States and upon the failure of the Receiver for five


DAYS to day the same execution shall issue therefor
and he shall be liable TO attachment by the court and TO
suit upon his bond And any cmbezzng any money
under this shall be liable to Indictment and convc-
ion shall be confined herd labor for not less than six
months than five years. in the discretion OF the
court and fined in double the amount embezzled


SEC IL 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 appointment be
made under the permanent Government appoint three dis
Commissioners learned in the law who shall hold at
the seat of Government each year. upon notice
given who shall sit long as the business before them
Shall require whose duty shall be. under such rules
they NAV adopt hear and adjndge such claims
be brought before them any aiding this Coufedcr-
cv in the present against the United States, who shall
nege that he has been put to loss under the act of the


United States in retaliation of which this act is passed
under any other of the United States, of any State


thereof authorizing the seizure condemnation or c"nlSca-
ton the property of citizen resident Of the Con-
feerate States other person aiding said Confederate
States in the present against the United States and
the finding of sch Commissioners In favor OF any such
claim shall prma cie evidence of the correctness oihe
demand and whenever Congress shall pass the claim the
same shall be paid from in the Treasury dery-
ed from sequesation under this act: Prood That said
Board of Commissioners shall not continue beyond the
ganzaon of the Court of Claims provided for BY the
sttution 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 live
hundred dollars per annum and shall be paid from the
Treasury Of the Conedeacy. And it shall be the duty OF
Attorney General his assistant TO represent the in
terests of this Government in all arising under this
act before said Board of Commissioners


SEc Is Be IL further enacted That all the expenses in
Cured proceedings under this act shall be paid from The
se9uesered fund and the Judges in settling accounts with


Receivers shall make TO them proper allowances Of com.
pensaon taking and half per cent on receipts and
the amount expenditures reasonable mPensa-


on in all The fees of the officers Of court shall be
such allowed by law for similar services In other
cases to be ad however only from the sequesered tund


PrODidd That all realized by any Receiver IN one
his thnnslnd dnnrS shall