Year: 1861

sufficient additional security, render Judgment against all
property Provided further That said may, whenev
in the opinion of the Judge thereof the public exgences
require IT, order the money due aforesaid 10 be de-
manded by the receiver and upon demand Of the receiver
MADE in conformity decretal order of the court requi
ring said Receiver to collect 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 pay the
then upon ten DAYS notice the said debtor and his
security given BY said Receiver, of motion to be made in
said fr judgment for the amount secured, said
court at the next term thereof proceed TO render
judgment against said principal and security, against
the party served with such notice. for the secured
with interest thereon in the name of said Receiver and to
Issue execution therefor


SEC 4 BE it turtier 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 de-


ndant and be allowed to defend to the extent of the inter-
est propounded by him but 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 hat he igateS solely for himself fOr citizen
of the Confederate States whom he legally represents: and
when the defence is conducted for Of another
in whole part the plea shall set forth the aud
residence of such other person., and the relation that the
defendant bears To him in the litigation. 1t the case IN
wolves matter which should be tried by jury according tn
the Of common law the defendant shall be entitled
jury trial Ii il involves matter OF equity jurisdiction,
the sh al proceed according to its usual mode of pro
ceGe in such and the several courts OF this C"ned
eracy may from time time, establish rules of procedure
under this act inconsistent with the act or other laws
of these Confederate States.


SEC s. Be further eaactsl That the clerk of the court
shall request of the Receiver from time tn time is
wrtS Of garnshnent directed to persons
commanding them appear at the then sitting, ut any
future Of the court and to under oath what
property effects of any alien enemy he had at the
vice uf the process since has had under his possession
control belonging to held for alien enemy or IN
what if he at the time OF service u the
gauiShmen since has been indebted to alien enc
my, and the shall have power 10 condemn the pro-
pery effects debts according to the answer and TO
make such rules and orders for the bringing in oi third
persons claiming disclosed bv the have in
the litigation shall proper but in no
shall any be heard respect thereto until he SHALL
BY plea forth substantially the matters before
required u prt;es pleading And the decree or Judgment
of the court, rendered in conformity 10 this act shall %
protect the anIShee in respect to the matter
Aud in all u garnShment under thus act the Receiver
may the truth Of the garnishees answer by hng
statement under OATH that he believes the To be
Entrue specifying the particulars in which he believes the
ganiShee has bv emission commission, not answered
iruv hsrppon the curt shall cause an issue to be
between the Receiver and the garnlShee and udgmee rem
derd upon the trial of Other issues Aud IN all cases "i


litigation under this act, the Receiver may PROFOUND inter
the adverse party touching any matter nvov
ed in the itga"n copy Of which shalt be served nn the
opposite hIS and which shall be answer
failure 10 answer the court shall make snc disposition
Of the shall To il most promotlve o justice,
shod deem To the interroEatores necessary
in order discovery. the court shall mprson The
party in default until full answers ShaI b. made


SIC. >. BE- It 5qrthsr s.aettI, That it shall be
crate States diligently to prosecute all i.Sti
tued under this and he shall receive compensation
therefor OF per cent and from the fruits oi a ti'



shall be called lged except defendant be admitted by
the court, and proper plea be fled:


SEC. TO- Be i; faier sHlcted That each Receiver aT-
pointed under this SHALL least every months, and
much oener he may be required by the court, rem
DEF and perfect account If all matters In his hands
under his control under the law and shaA make and
and perfect aud settlements under oath
of his collections of monies and disbursements under this
law, stating accounts and making settlements OF all mat
tiers separately IN the same way as II be were adnSrA
several Of deceased persons BY separate
puntmentS And the settlements and DEGREES shall be Tor
that the transaction III
respect each alien enemy property may be kept rec"rd-
ed and preserved separntey No settlement abnve pro-
vidCd shall however, be made until judgment decree of
spquestraon shall have passed but The court may 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 same shall protect the
interest of the parties concerned.


SIC II. Be it fHrtisF e71cted, That when the ac-
counts of any Receiver shall be fledrespectng any
matter which has passed sequeSratiOn, the cnurt sha
appoint day for set ement aud notice thereof shall be
published c"nSccuiively for :our weeks IN some news
paper the of holding the court, and the clerk
of the shall send copy of such newspaper I"
the District Attorney of the Confederate States tor the
court where the matter to be beard and 1t shall be the
duty District Attorney TO attend the se cement and
represent the Government. and that full, aud
lust settlement is made The several settlements precd
ing the final one shall be nteriucuturv onlv and be
mncached at the final settlements which latter shall be
conclusive unless reversed npeached within two years.


~ Be IL further snacteA That the court having in
rsdction of the shall whenever sufficient i
shown therefor direct the sale e personal property
other slaves sequeSteed under this act such terms
II shall seem DeSl SUCH pass
of person whose property the same has been seques
! tered


of Receivers for sequestercd property shall be
| REGARDED and a copy thereof shall be forwarded by
the clerk of the court to the Treasurer of the Cnnfed
crate States within ten days after the decree. inter
locutorv final has been passed; and al balances found
against the Receiver shall by him be paid into the
cont subject to the order the Treasurer Of the COnd
crate States and upon the failure of the Receiver for five
davs day the same, execution shall issue heref"
nnd he shall he liable 10 attachment by the court and To
| his horl md an una IN
under this shall be liable to Indictment and convic-


ion shall be confined at h.rd labor for not less than six
months nor than FIVE years. in the discretion of the
| conrt and fined in double the amount cmbezzed.


SEC IA Be further enacted, That the President Of the
seat Congress- of the Senate 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 the business before them
Shall require whose duty it shall be- under such rules
they NAV adopt hear and adudge such claims may
be brought before them by any aiding this Confedera
CIV the present against the United States who shall
aiege that he has been put to loss under the act the


United States in retaliation OF which this act is passed.
under other act of the United States Ofany State
thereof authorizing the seizure condemnation or conca
ton Of the property of any citizen resident of the Con-
federate States other person aiding said Confederate
States in the present against the United States and


the finding of such Commissioners in favor of such
claim shall prma ace evidence of the ofhe
demand and whenever Congress shall pass the claim the
shall be paid frm any money in the Treasury deriy;
Board of Commissioners shall not continue beyond the
gauzaon of the Court of Claims provided for BY the
stituon which Court of Claims the duties herein pro-
yided to be discharged by Commissioners shall belong
upon the organization of raid The salaries of said
Commissioners shall be the rate of two thousand five
hundred dollars per annum, and shall be paid from the
Treasury Of the Conlderacy And it shall be the duty of


the Attorney General his assistant to represent the in


erests Of this Government in all arising under this
! act befIre said Board of Commissioners.


SEC Is Be IL further 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 q" COM


pensation taking and half cent on receipts and
the amount on expenditures reasonable c'mpensa
ton in all cases The fees of the officers of shall be
such are allowed by law for similar services. In other
cases. be paid however only from the sequesered fund


POUded That all realized by any Receiver IN one
year for his services exceeding five thousand dollars shall
tbe fnr he of