Year: 1861

securities of such debtor or person are not
ample the cnur may the failure of the party give
sufficient additional security render judgment against all
the parties the bond for the recovery of the debt
property: Provided further That said court may whenev
er in the opinion of the Judge thereof the public exgences


may require IT, order the money due aforesaid be de-
manded by the receiver and demand of the receiver
ring said Receiver collect 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
same then upon days the said debtor and his
security given by said Receiver of motion be made in
said for judgment for the amount secured, said
the next term thereof, may proceed render
Judgment against said principal and security against
party served with such notice, for the secured
with interest thereon in the of said Receiver and TO
issue execution therefor.


SEC. T. Be IL 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 order of the court be admitted de-
fendnt and be allowed to defend to the extent of the inter-
propouuded by him but person shall be heard in
defence, until he shall file plea, verified BY affidavit and
signed by him. setting forth that alien enemy has any
gates either directly indirectly, by trust open secret
and Ihst he gaes solely for himself for citizen
of the Confederate Sates whomhe legally represents and
when the defence is conducted for account OF another


in whole in part the plea shall set forth the and
residence of such other person. and the relation that the
defendant hears him in the litigation If the case in
wolves matter which should be tried by jury according to
the Of common law, the defendant shall be entitled
10 jury trial t involves matter oi equity jurisdiction
the court Sh puceed according to its usual mode Of pro-
ce6ure in such and the several courts of this COnd
eracy may from tme establish rules of procedure
under this act inconsistent with the other laws
of these Confederate States


SEC Be further tadctsd That the clerk of the court
shall the request of the Receiver from time tme is
writs of garniShmen directed To persons
commanding them To appear at the then sitting or at any
future term nf the court and to answer under oath what
property effects of any alien enemy he had at the
vice of the process since has had under his possession
control belonging to held for alien enemy or in
what if any, he at the time of service of the
punishment since has been indebted to any alien eue-
N.Y. and the court shall have power TO condemn the pro-
pery effects debts, according to the answer, and TO
make such rules and orders for the bringing IN OF third
persons claiming disclosed by the to have in
eTes the litigation Ia it shall proper but in
shall be heard respect thereto until he SHALL
by plea, set forth substantially the matters before
required nf parties pleading And the decree or Judgment
of the court rendered in conformity this act shall for
protect the ganShee in respect tr the matter
And in all cases of arnshment under this act the Receiver
may the truth of the garuishee's by fling


statement under OATH that he believes tue answer to be
snrue specifying the particulars IN which he believes the
ganiShee has, by omission commission not answered
truly whereupon the court shall issue to be made
between the Receiver and the garnishee and dgmeet rem
dered upon the trial of other issues And IN all cases "f


litigation under this act the Receiver may Prnpound inter


gatOreS h the adverse party touching matter nvov
ed IN the litigation copy OF when shall be served On lhe
opposite party his attorney and which shall be answer
ed under oath within thirty days Of such service and upon
failure the court shall make such disposition
OF the shall To II seem most promo'lve OF h>ce
should il deem to the inerrogatores necessary
in order to discovery the court shall mpriSon the
party in default until full answers shall b. made
SEC. 9. Be 10 further ehGcted That il shall be
the duty of the District Attorney of the Confed
crate States diligently TO prosecute all causes inst





therefor nf per cent and from the fruits OF all m
CATION instituted under this Prrie' That matter
shall be called tgated except defendant be admitted by
the cnurt, and proper plea be ied


SEC 10. Be fqrLier enacted That each Receiver ap
pointed under this SHALL at eaS; every six months and
much Ofrener 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
state just and perfect and settlements under oath
of his collections of monies and disbursements under this
law stating accounts and making settlements of all mat


eTs separately, the II he were adminSira
of several estates of deceased persons by separate
pointmes And the settlements and DEGREES shall be for
each estate separately that the transaction in
respect each alien enemys property be Kept record
ed and preserved separately M settlement above pro-
vded shall however be made until Judgment decree Of
sequeSttion shall have passed but the court
time pending tgacn require account of matters in


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


SEc. II. Be it further enacted, That when the ac-
counts of any Receiver shall be filedrespecting any
matter which has passed sequestraOa the shall
appoint day for settlement and notice thereof shall be
published cOnsecutiyely for four weeks in
paper the of holding the court, and the clerk
of the court shall send copy Of snch newspaper To
the District Attorney of The Confed States for the
cou where the matter is to be heard aud it shall be the
duty of said District Attorney TO attend the settlement and
represent the Government. and that full true and
Just settlement is made. The several settlements preced
ing the final shall be nterlocutorr onlY and be
impeached at the final settlements which latter shall be
conclusive unless reversed impeached within two years.
for fraud.


risdction of the matter shall whenever sufficient cause
shown therefor direct the sale # personal properly
other than slaves sequesteed under this such terms
as shall best and such sale shall pass the title
of the as whose property the same has been seques
tered


SEC. 18. Be it further en1o,ed, That all settle
of Receivers for sequpstered property shall be
recorded and a copy thereof shall be forwarded bv
the clerk Of the court to the Treasurer of the Cnned
crate States within ten days after the decree. inter-
locuOry fna 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
States and upon the failure of the Receiver for five
SHALL therefor
and he shall be liable to attachment by the court and To
suit upon his bond any embezzliug any money
under this shall be liable TO Indictment and convc
lion shall be confined hard labor for not less than six
months nor more than five years. in the discretion of the
court, and 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
of Congress- of the Senate if the appointment be
made under the permanent Government appoint three dis
Greet Commissioners learned in the law who shall hold at
the seat of Government two terms each notice
given who shall sit long the business before them
shall require whose duty it shall be, under such rules
thev adopt to hear and adudge such claims may
be brought before them by any aiding this Confedea
in the 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, of any State


thereof authorizing the seizure condemnation confSca.


On of the property of any citizen or resident Of the Con-
ederate States other person aiding said Confederate
States in the present against the United States and
the finding of such Commissioners favor of any such
claim shall be prma acie evidence of the ohe
demand and whenever Congress shall the claim, the
same shall be paid from any money in the Treasury derv
ed from sequestration under this act P1oued That said
Board of Commissioners shall not continue beyond the
ganzaion 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 five
hundred dollars per anuum and shall be paid from the
Treasury of the Confederacy And il shall be the duty of
the Attorney General his assistant to represent be in
teests of this Government in all arising under this
act before said Board of Commissioners.


SEC I5 Be i further enacted That all the expenses in
CURED in proceedings under this act shall be paid from the
sequestered fund.- and the Judges i'll settling accounts with
Receivers shall make to them proper allowances of COM
pensaon taking two and half per cent on receipts and
the amount expenditures reasonable cOmpensa
tion cases The fees of officers of shall be
such allowed by law for similar services. In other
be paid however only from the sequesered fund
PrOUded That all realized by any Receiver in
dnllars shall