Year: 1861

ample the curt may on the failure of the party TO give
The parties on the bond for the recovery the debt
property Provided further That said court may whenev
in the opinion Of the Judge thereof the public
NAV require order the money due aforesaid TO be de-
manded by the receiver and upon demand o the receiver
made in conformity decrcal order OF the Court requi
ring said Receiver to collect debts for the payment oil
which security may have been given under the provisions
of this Act the debtor his security shall fail to pay me
same then upon ten days notice the SAID deo3r ana MS
security riyen BY said Receiver of motion to be made IN
said court Judgment for the amount secured SAID
court the term thereof, may proceed to render
Judgment against said principal and security, or against
the party with such notice. for the so secured
with thereon in the of said Receiver and to
issue execution therefor.
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 a de-
eadant and be allowed defend the extent of the inter-
prupounded by him but person shall De heard IN
defence, until he shall hle plea verihea oy anaIS ana
interest in the right which he asserts or for which he h
gates either directly indirectly by trust open or secret
and that he gates solely tor himself or ioT some citizen
of the Confederate States whom he legally represents and
when the defence conducted for account OF another
in whole or in part the plea snail sci forth ihe name ana
residence such other person. and the relation that the
defendant bears him in the litigation If the case in
wolves which should be tried by jury according to
the cnrse of law, the defendant shall be entitled
to Jury trial II involves matter OF equity jurisdiction
the court sh III prceed according to its usual mode OF pro
ce6ure in such cases and the several courts OF thus Cnea
eracy may from time tme establish rules OF procedure
under this not Inconsistent with the act OF other laws
of these Confederate States.


SEC s. Be IL further eRdci That the clerk of the court
shall the request of the Receiver from lime To tme is
wrs of punishment directed to one or more persons
commanding them 10 appear at the then sitting or az any
future term nf the court and under oath what
property effects Of any alien enemy he had at the SER
vice of the prucess since has bad under his possesson
control belonging held for an alien enemy or IN
what surs if any he is or was at the time of service of the
garnShment has been indebted IN any alien enc
and the court shall have power TO condemn the pro
pery effects debts according 10 the answer and 10
make such rules and orders for the bringing IN OF thrd
persons claiming disclosed BY the answer I" have an IN
erest the litigation To it shall seem pTop9r but IN no
case shall anv one be heard respect thereto until he SHALL
BY plea set forth substantially the matters before
required of parties pleading And the decree or Judgment
protect the garushee respect to the matter
And in all cases u punishment under this act the Receiver
may test the truth of the garnshees answer BY hng
statement under oah that he believes the answer to be
untrue specifying the particulars in which he believes the
garnAhee has by omission or cnmmsslon not answered
truly whereupOn the shall TO be made
between the Receiver and the garniShee and udgmee rem
der-d upon the trial of other issues And in all cases of


litigation under this act the Receiver may Propound inter
rogaories the adverse party touching matter nvoV
ed in the litigation Of which shall be served IN the
nnosit marty or hi, attorney and which shall be
ed under oath within thirty days OF such service and upon


failure answer the cuurt shall make such disposition
Of the shall 10 il seem most promoilye OF Justice
should il deem to the nerrogai0res necessary
in order to secure discovery the court shall mpson the
party in default until full answers shall be made.


SIC. O. Be it .farfLer endct'd That it shall be
the duty of the District Attorney Of the Conied-
crate States. diligently to prosecute all causes inst
tued under this act and he shall receive compensation
therefor of two per and from the fruits of u ti-
CATION instituted under this Prre3 Thst no matter
shall be called gLted excerpt defendant be admitted by
the O~nr and proper plea be filed; d.


SEC 10 BE IL Tarktr 69dcte That each Receiver a2-
pointed under This act SHALL at least six months, and
much oiener he be required by the court rem
de and perfect account Of all matters IN his handS
under his control under the law. and shall make and
state Just and perfect accounts and settlements under "h
of his collections of monies and disbursements under Tins
law, stating accounts and making settlements OF all mat
ters separately the be were admnlsifa-
several estates of deceased persons by separate a
pontmen settlements and DEGREES shall be for
each estate separately, that the transaction in
respect each alien encmy property be kept record
vded shall however, be made until Judgment or decree Of
sequesraon shall have passed but the court may at any


time pending litigation, require an account OF matters IN
lcaOn and in the possession of the Receiver and may
make such orders touching the shall protect the
interest Of the parties concerued


Sac. II: BE ii: J"rth'r e7gct'd. That wh'n the &C.
c. unts nf Receiver shall be iiedrespecting a"y
IN er which has passed sequestraton, the curt sha
appoint day for set emen and ro;ice th,r"f shall be
published consecuiivelv for four weeks in sore news
paper the ace of holding the court and the crk
Of the shall seEd copy of such newspaper u
the District Attorney Of the Confederate States. for the
court where The matter is TO be heard and shall be the
duty said Dis Attorney attend the settlement and
represent the Government and that full rne and


st settlement is made. The several settlements preced-
ing the fna one shall be inerlocunry only, and may be
impeachcd The final settlements which latter shall be
conclusive unless reversed impeached within two years.


SEc IL Be Il further endc!ed. That the court having jn
r:sdction nf the SHALL whenever sufficient il
shown therefor. direct the sale # anv personal pnpery
other than slaves seauestered under this such terms
as to it shall best and such sale shall the title
of the person whose property the same has been seque
tered


SEC 49, BE it .fvrtier tnqcsd That all settle
ments of Receivers for seqnestered property shall be
recorded and a-eopy thereof shall be forwarded oT
crate States within ten days after the decree inter-
locutory na has been passed. and al balances found
against the Receiver shall by him he paid over into the
court subject the order Of the Treasurer of the Confed
States and upon the failure of tine Receiver for live
davs day the same execution shall issue therefor
and he shall be liable attachment by the court aud To
suit upon his bond And any embeLZlDg any money
under this shall be liable to Indictment and on convc-
ion shall be confined hrd labor tor not less than SIX
months than five years. in the discretion Of the
court, and fined in double the amount embezzled.


SEC "a Be further enacted That the President OF the
Confederate States SHALL by and with the advice and
of Congress- OF the Senate 1t the appointment be
made under the permanent Government appoint three dis
Greet Commissioners learned in the law who shall hold at
the Of Government two terms each upon notice
given who shall sit long the business before them
shall require whose duty shall be- under such rules as
they NAV adopt hear and adjudge such claims as may
be brought before them BY any aiding this Confedera
in the present against the United States who shall
aee that he has been put to loss under the act o the
United States retaliation of which this net passed. or
other of the United States of State


thereof authorizing the seizure, condemnation consca


on of the property of citizen or resident OF the Con-


ederae States other person aiding said Confederate
States in the present war against The United States and
the finding of snch Commissioners in favor Of any snch
claim shall prima face evidence of the othe
demand and whenever Congress shall pass the claim the
shall be paid fum any money in the Treasury derv
ed from seauesraon under this ProUided That said
Board of Commissioners shall continue beyond the
ganzaon of the Court of Claims provided for bv the
suliop to which Court OF Claims the duties herein pro-
vidcd to be discouraged by Commissioners shall belong
upon the organization Of raid court The salaries of said
Commissioners shall be of the rate of two thousand live
hundred dollars per annum, and shall be paid from the
Treasury of Conederacy And il shall be the duty Of
the Attorney General his assistant to represent the in
of this Government in all arising under this
act before said Board of Commissioners.


SEC 5 Be fartker enacted That all the expenses in
Cured proceedings under this act shall be paid from the
sequeered fund.- and the Judges settling accounts with
Receivers shall make tbem proper allowances ct com.
pensation taking two and half per cent on receipts and
the same amount expenditures reasonable cpensa-


on in all The fees Of the officers Of court shall be
such as are allowed by law for similar services In other
cases. to be paid however only from the seqRestered nud


PSOUided That all realized by any Receiver in
for bis services exceeng dnlars shall