Year: 1861

the parties the bond for the recovery 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 aforesaid to be de-
manded by the receiver and upon demand of the receiver
made in conformity to decreta order of the cnurt rpuu
ring said Receiver to collect any debts for the payment Of
which security may have been given under the provisions
of this Act the debtor 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 court for Judgment for the amount secured said
court the next term thereof may proceed to render
judgment against said principal and security against
the party served with snch notice. for the sum so 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
aSy such suit or claiming any interest therein
may, by order Of the court, be admitted as de-
fendant and be allowed defend the extent of the inter-
est prOpOunded by him; but person shall be heard ia
defence until he shall e plea verified by affidavit and
signed by him. setting forth that alien enemy has any
interest in the right which he asserts for which be m
gates either directly or indirectly, by trust Ope secret
and that he tigates 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 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 according to
the of common law the defendant shall be entitled
to jury trial fit involves matter Of equity Jurisdiction
the sh III according to its usual mode of
ce6ure in such and hesevera courts of this COnd
eracy may from time tme establish rules of procedure
under this act Inconsistent with the other laws
of these Confederate States.


SEC g. Be further enacted That the clerk of the court
Sha the request of the Receiver from time TO tme is
wrs Of garnshment directed To persons
commanding them to appear at the then sitting at any
future Of the court and to under oath what
property effects of any alien enemy he had at the
of the process since has had under his possession
control belonging to held for an alien enemy or IN
what if he at the time of service of the
garnshment, since has been indebted to alien
my, and the court shall have power to condemn the pro-
perry effects debts according to the answer and TO
make such rules and orders for the bringing in of third
persons claiming dSc.o ed by the to have
terest the litigation to it shall seem proper but in
hall hah haarA he
by plea set forth substantially the matters before
required Of parties pleading And the decree Judgment
of the rendered in conformity 10 this act shall for
protect garnshee respect the matter involved
And in all of garnShmen under this act the Receiver
may test the truth of the garnshees answer by filing
statement under OATH that he believes the be
Enrue specifying the particulars in which he believes the
garuishee has, by omission commission not answered
trny wheeupOu the court shall an SSue to be made
between the Receiver and the garniShee and udmeet
dered upon the trial Of other issues. And in all of


litigation under this act Receiver PROFOUND inter
rngatOeS the adverse party touching matter nvov
ed in the litigation. copy of which shall be served the
opposite party his attorney and which shall be
ed under oath within thirty days of such service and upon
failure answer the shall make such disposition
of the shall it most promoiive of justice
shund deem the inerrogaiOres necessary
in order to secure discovery the court shall imprSon Inc
party in default until full answers shall be made


SEC. 9. Be it further enacted That it shall be
the dnty of the District Attorney Of the Confed-
crate States diligently 10 prosecute all causes insti-
tuted under this act and he shall receive compensation
therefor per and from the fruits of all t
CATION Instituted under this Proce That matter
shall be called tigted except defendant be admitted BY
the court, and proper plea be filed.


SEC 10. Be Il further eHdcted That each Receiver a
pointed under this SHALL at least every months and
much oiener he be required by the court rem
der 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 and disbursements under this
law stating and making settlements of all mat
separately the way II he admnistra-
of several estates of deceased persons by separate
pOnmentS And The settlements and DEGREES shall be for
estate
respect each alien property be kept record
ed and preserved separately No settlement as above pro-
vded shS however be made until judgment decree of
sequestation 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
make such orders touching the shall protect the
interest of the parties concerned


SEC. II. BE IL futhrr enacted That when the
counts of any Receiver shall be fedrespecting any
which has passed sequestratOn the court sha
appoint day for settlement and notice thereof shall be
published cOnsecutivelv for four weeks in
paper the pace of holding the court and the clerk
of the court shall send copy of such newspaper to
the District Attorney of the Confederate STATES for the
court where the matter is TO be beard and shall be the
duty of said District Attorney 10 attend the settlement and
represent the Government and that full true and
ing the final shall Le inerlOcuory only, and be
impeached the final settlements which latter shall be
conclusive unless reversed or mpesched within two years.
for fraud.


Ssc ~ Be fortker enacted, That the court having ju
risdiction of the SHALL whenever sufficient cause j.
shown therefor direct the sale any personal property
other than slaves seQueSered under this such terms
it shall best and such sale shall pass the title
of the person whose property the same has been seques
tered.


SEC 18 Be it further enacIed. That all settle
mens of Receivers for sequestered property shall be
recorded and a copy thereof shall be forwarded by
the clerk of the 10 the Treasurer Of the Confed
crate States within ten days after the decree inter-
ocutory final has been passed and al balances found
against the Receiver shall by him be paid into the
subject the order of the Treasurer of the Confed
crate States and upon the failure of the Receiver for five
days day the same execution shall issue therefor,
and he shall be liable 10 attachment by the court and to
suit upon his bond. And any one embezzlns any money
under this shall be liable to Indictment, and cOnvc


shall be confined at hard labor for not less than six
months than Eve years. in the discretion Of the
court aud 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 con-
of Congress- of the Senate IT the appointment be
made under the permanent Government appoint three dis
Greet Commissioners learned in the law who shall hold at


the Government two terms each year. upon notice
given who shall sit long the business before them
Shall require whose duty it shall be, under such rules
they adopt to hear and adjudge such claims
be brought before them by any one aiding this Concdera
cv the present against the United States, who shall
aege that he has been put to loss under the act OF the
United States in retaliation of which this act passed.
under any other act of the United States or any State
thereof authorizing the seizure condemnation consca
tion Of the property of citizen resident of the Con-
federate States on other person aiding said Confederate
States in tbe present war against the United States and
the finding of such Commissioners in favor of any such
claim shall be pma acie evidence of the correctness oft
demand and whenever Congress shall pass the claim the
same shall be paid from any money the Treasury derv-
ed from sequestration under this act Po0d That said
Board SDaI OeyOnu
ganzaion of the Court of Claims provided for by the
stituton TO which Court of Claims the duties herein pro-
vided to be discharged by Commissioners shall belong
upon the organization of sad 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 the Confederacy And it shall be the duty of
the Attorney General his assistant to represent the in
terests of this Government in all arising under this
| act before said Board of Commissioners


SEC l5 Be 10 fatler 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 them proper allowances OF COM
pensaton taking two and half per cent receipts and
the amount expenditures reasonable compensa-
ton in all The fees of the officers OF court shall be
such allowed by law for similar services ln other
be paid however, only from the sequesered fund
PrOUded That all realized by any Receiver in one
year for his services exceeding FIVE thousand dollars shall
be paid into the Confederate Treasury for the use of the
/ COnfederGcy.


SEC IS. BE II further enqetsd That the Attorney Gene