Year: 1861

such debtor
ample the cuurt may the failure of the party to give
sufficient additional security render Judgment against all
the parties 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 exgences
require it, order the due as aforesaid to be oe
manded by the receiver and upon demand of the receiver
made in conformity decrea order Of the cnurt requ
ring said Receiver TO cect 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
then upon days notice 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, proceed 10 render
judgment against said principal and security or against
party served with such notice. for the secured
with interest thereon in the of said Receiver and to
| issue execution therefor.


| SEC l. Be IL further enacted That any person in
the possession and control of tue subject matter of
any such suit, or Claiming any interest therein,
! may, BY order of the court, be admitted as a de-
enan and be allowed to defend To the extent OF the inter-
propounded by him but person shall be heard IN
defence until he shall file plea, verified by affidavit and
signed by him, setting frn that alien enemy has any
interest the right which he asserts for which he t
gates either directly indirectly by trust open or secret
and that he l,igates solely for himself citizen
the Confederate whom he legally represents and
when the defence conducted for account o another
in whole in part, the plea shall set forth The name and
residence of such other person. and the relation that the
defendant hears him in the litigation. Ii the case ill.,
wolves matter which should be tried by jury according to
the of law, the defendant shall be entitled
jury trial Iit involves matter OF equity jurisdiction.
the s I'll proceed according to its usual mode of pro-
ceoure in such and the several courts OF this C"ie
may time time establish rules of procedure
under this inconsistent with the act or other laws
| of these Confederate States.


SEC Be further enacted, That the clerk of the court
sa the request of the Receiver from lime to tme is
wrs of punishment directed to more persons,
commanding them to appear the then sitting any
future of the court, and to answer under oat what
property effects of alien enemy he had ut The SER
vice of the pceS since has had under his possession
control belonging held for alien enemy, IN
what sra if any, he ct the time o. service of the
garnShmGnt since has been indebted to alien enc
my, and the court shall have power to condemn The pro-
perry effects, debts according TO the answer and 10
make such rules and orders for the bringing in ot third
persons claiming disclosed by the answer t have an M
terest the litigation to it shall seem proper; but in no
shall be heard in respect thereto until he SHALL


by plea forth substantially the matters before
required ef prreS pleading And the decree or Judgment
of The court rendered in conformity 10 this act shall for
pruec the garuShee respect the matter ve
Aud in all cases gniShmen under this act the Receiver
NAV test the truth of the garnshees by filing
statement under OATH that be believes the answer TO be
untrue specifying the particulars IN winch he believes l
garniShee has, bv omission commission nos answered
truly wheeupon the court shall cause an issue tn be made
between the Receiver and the garnshee and udgeet ren,
derd upon the trial of other issues And in ali cases q"
litigation under this the Receiver lrround mier-
rogatues ~ the adverse party nuchng any matter lnvoV
ed in the litigation copy of which shall be served "u The
opposite party or his ATTORNEY and which shall be
ed under oath within thirty days of Such service and un
failure answer the shall make snch disposition
of the shall to 1t seem most prcmove oi justice
shond deem I" the nierroaioreS necessary
in order discovery the court shall mprlSon The
party in default un;! fn! answers shall b. made. -
SEC. =. Bs IL Tar'her enacted, That it shall he
| the duty Of the District Attorney of the Coned-
crate States. diligently prosecute all causes ist-
tu.ed under this act and lie sll rrcrre compensation
therefor Of two per cent and from the fruits ct eli -
CATION Instituted under this act PociIsd That matter
shall be called itig.ted except defendant be admitted by
| the court, ard a proper plea be hed


SEC 10. Bs faritf' faactPi That each Receiver a-
pointed under this shall at least every six months And
much o!lener he may be required by the conri rem
der true and perfect account of all matters IN his hands
under his control under The law, and shall make ana
just and perfect accounts aud settlements under cath
of his collections of monies and disbursements under this
law stating accounts and making settlements OF all mat
tiers separately, in tie Il lie were adnlIsira
of several estates of deceased persons by separate APP
poinments And the settlements and DEGREES shall be for
each estate separately. 81 that the transaction III
respect each alien eney property may be kept record
ed and preserved separately No settlement abnve pro-
yded shall however be made until Judgment decree Of
sequesatun shall have passed but the court may at any
time pending Iga"n require account ct matters IN
litigation and in the possession c the Receiver Grd may
make such orders touching the shall protect the
| SEC H. BE H f"rti.r eaGctsi. That when the
unts Of any Receiver shall be flpdrespectiEg any
mltter which has passed sequeStratOn tic court sta
appoint day for settlement and notice there! shall be
pper the pace of holding the court and the clerk
of the shall seEd copy OF such newspaper to
the District Attorney of The Confederate States for the
cnurt where the matter is 10 be heard and shall be the
duty of said Dis Attorney attend the settlement and
represent the Government and that full trne and
Just settlement is made The several settlements preced
mo the final one shall be inerIucuary nnlv and be
impeached =; the final settlements which latter shall be
conclusive unless reversed or iHpeached within two years


SEC IL Bs e fpytf~r sanc'ed That the having iu
risdiction the matter shall. whenever sufficient cause
shown therefor, u!ieCL Tue She
other than slaves sequestered This act on such terms
shall BEST and such sale shall pass the title
of the person whose property the same has been sques
! tered.


of Receivers for sequestered property shall be
| recorded end a copy thereof shall be forwarded by
the clerk the court TO the Treasurer of the Crnfrd
crate States within days after the decree. inter
ocntory final has 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 Coned
crate States ard upnr the failure of the Receiver for five
dovo Jaro Tho therefor
and shall be liable TO attachment BY the court aud to
suit upon his bond. And any one embezzing any money
under this shall be liable to Indictment and convic-


ion shall be conred at h:rd labor for not less than six
months than FIVE years in the discretion of the
court, and fined in double the amount em6ezzled


See II Be fqrticr tndcd, That the President Of the
Confederate States shall by and with the advice and
made under the permanent Government appoint three dis
Greet Commissioners learned in the law, who shall hold at
the of Government terms each upon notice
given who shall sit long the business before them
shall require whose duty it shall be- under such rules
they may adopt hear and adudge such claims as may
be brought beIre them by one aiding this Cnneder-
cv in the against the United States who shall
aege that he has been put to loss under the act o The
United States in retaliation of which this passed
under other of the United States ofany State
thereof authorizing the seizure condemnation or consca
ton of the property Of any citizen resident OF the Con
federae States other aiding said Confederate
States in the present against the United States and
the finding of such Commissioners in favor of any such
claim shall be prima face evidence Of the ofhe
demand and whenever Congress shall pass the claim the
shall be paid from money in the Treasury deriv.
ed from Se1ueStratOn nnOer inns act. JToCWed
Board of Commissioners shall not continue beyond The or
ganizaon of the Court of Claims provided for by the con-
stituon which Court Of Claims the duties herein pro-
| vided to be discharged by Commissioners shall belong
upon the organization of raid court The arie OF snld
Commissioners shall be at the rate of two thousand live
hundred dollars per annum and shall be paid from the
Treasury Conederacy. And shall be the duty Of
the Attorney General his assistant to represent the m
tereSts r this Government in all arising under this
act before sa d Board of Commissioners.


SEC is b. Il fnrtIer enacted That all the expenses in
Cured in proceedings under this act shall be paid FROM the
sequestered fund.- and the Judges in settling accounts with
Receivers shall make to them proper allowances 0f CON-


pensation taking two and half per cent receipts and
the same amount expenditures reasonable npensa-
t0n in all The fees Of the officers of court shall be
such allowed by law similar services In other
TO be rad however only from the sequestered fund.-


Portde That all sums realized by any Receiver in one