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RULES

OF THE

DISTRICT COURTS

of Tin-:

% m

FOR THE

'DISTRICTS OF GEORGIA,

UNDER THE ACT ENTITLED *

'AX ACT FOE THE SEQUESTRATION OF THE ESTATES, PROP- ERTY AND EFFECTS OF ALIEN ENEMIES."

TOGETHER WITH THE

ACT OF CONGRESS.

i

W

SAVANNAH: H 0 R N E W I L L I A M S

L861.

Entered, according to an ;i"r ■ '< . Thorns

Willi -. - P pi • • >r, in the Clerk' irt foi

the South

EQ U ESTR ATION RUL ES

In the (Confederate %U\Uz (fourth

FOR THE DISTRICTS OF GEORGIA.

•-^'

Rules of Procedure, under the Act entitled "An Act for the Sequestration of Estates, Property nd Effects of alien Enemies, and for the indem- nity of Citizens of the Confederate States, and persons aiding the same in the existing war with the United States," approved 30th August, 1861 ; heing in addition to the Instructions of the Attor- ney General to Receivers, and the Rule of prac- tice prescribed by that officer in regard to the returns of garnishees.

RULE I. Whenever; under the 3rd Section of said Act, the Receiver shall have any property or credits of an alien enemy placed in his hands, he shall at once file with the Clerk of the proper District, a pe- tition setting forth a statement of the property or credits so taken possession of, and praying that the same he sequestered for the Confederate States; and the Cleric shall thereupon docket the same as the case of the Confederate States against such alien enemy. If. at the ensuing term, no objection be made. der of sequestration will be granted,

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unless some adverse claimant shall intervene. Such adverse claim can only be put in on the terms pre- scribed by Section «th of said Act.

LE I!. The Clerk shall keep a docket, specially, for all cases so filed, and all cases of garnishment or other suits under said Act, separate from the other u ts; and said do< ket shall be headed Sequestra- tion Docket. In c ! •<• >f suit to recover property or debts, and garnishment against the same defend- ant or defendants, one entry shall suffice; but gar- nishment shall he stated to have issued, with the name ol the garnishei garnishees; and, in case of traverse of any hment return, the issue

shall he tried according to the terms of said Act and ill'' ordinary rules of proceeding in like cases.

Nothing in the foregoing Rules shall be construed t i prevent the Receiver from serving informants with garnishment, and with interrogatories as to|any matter pertinent thereto; and, in ease, of such ser- : entry of the same shall bo made on the docket of the petition an ment provided for in

Rule I : and t he garnishee shall be dealt with as other garnishees who may not have given any iu- fom

. IV.

In cases where th siver c session

of prop I out litigation, lie shall,

up lion and statement with

the • .ind having the case docketed, apply to

the Court or Judge for instructions or orders, pursu- ant to Section 20th of said Ac! : but such instruc- tions and orders shall be subject to modification or repea', for proper causes appearing to the Court or Judge. Applications for instructigns shall be by- petition, stating the instruction asked, and the prop- erty concerning which it is asked. And when any person has an interest in or a lien on or claim to the property, which may be affected by such instruction, notice of such application shall be given to such person; and he or she may be heard, touching the premises, if the Court or Judge shall so desire.

The costs of all orders, and instructions to the Receiver, and of orders for the protection of garni- shees and informants acting in good faith in com- pliance with the terms of said Act, shall be chargeable to the fund of the particular case in which such Instruction or order may he given ; and such costs, where not expressly provided for by law, shall be the same as in analogous cases.

] VI.

In all cases of application for " orders of seizure," tinder the 6th Section of said Act, the application therefor by the Receiver may be either in the origi- nal petition of suit, or by a supplemental petition in the nature of a petition pendente lite. In either case, the necessity for the seizure must be shown in the petition; and, if the order is asked, pendente lite, the reason of the delay for such application must also be stated, unless the petition shall show that the necessity occurred pending the litigation.

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e the Court a chose in ' right of an

:. m oi such

at, the : A shall suggest, in

wrii } that the o return of

tion or other incorporeal right, a rule nisi, for attachment • may

issii' . r the order of the Court; and the same

shall* b< absolute, or not, according to the cir-

cumstances of the case; but nothing in tiiis Rule 11 be construed to interfere with the right ot the r to traverse the garni:-, ans\ . as pro-

vider! fur in the 8th Section id Act.

LE \

Whenever, on issue joined between the Confed- td the opposite party, the finding shall icific articl< "op-

•1 or personal, of an alien enemy, jn

shall b< >» the ordinary and

ire ; but the Court may, in 1 cruise shown, enforce the judg- attaching the person in possession until lelivere urned over to the

»r turning over be prac- \\(\ this Rule shall apply to money speci- fically admi i be in his hands and belonging to an alien enemy, and where no

\vn why such money is not delivi to the Receiver.

RILE i: . Whenever, under the 6th Section of said Act, ap- plication shall be made, by or on behalf of any debtor, or person in whose hands property may be seized, and who may be in possession of said prop- erty, for the remaining of such credits or property in*the hands or control of such person, such appli- cation shall be by petition to the Court or Judge, stating all the facts of the case, under oath, and that all the terms or conditions imposed by said Act have been, or are ready to be, complied with, by such party. If the application be not by the Receiver, the same shall be notified to him, and he shall be al- lowed a reasonable time, to be judged of by the Court or Judge, for filing his assent, to or dissent from the application, and the reasons therefor. If the appli- cation be allowed, the Court or Judge shall order such terms to be imposed, and such conditions an- nexed to the bond, or security, as each case may demand. If the application be made, pending liti- gation for the property or credits, the. same must be accompanied by a certificate from the Clerk or Re- ceiver that all costs of litigation have been paid to that time. The bond or security shall always be payable to the Confederate States, and in such sum as may be fixed by the Court or Judge. If granted, the order must be filed with the Clerk, together with the application and the bond or security; but such order shall always be subject to revision by the Court or Judge, and especially on the contingencies stated in said 6th Section.

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RULE X.

Re e of property,

shall be by petition, stating the property particu- larly, the name of the nemy as whose it was so: . rendering

tli' »r pro] inch applications,

with the orders ind< I, mii-i be filed of record.

\ - property or ■ of the

alien enemy, against whi< h proceedings for seqn est ra- tion shall be had, may be in th< >dy or possession of any person or persons not alleging any lien upon or claim or interest therein, the Receiver, unless other- wise ordered by the Court, shall take the same into his possession, control and management. And, in every : a person, having such custody or posses- sion, shall allege a lien, claim or interest in or upon such estate, property oi or his or her benefit, or benefit of some other person not an alien y, and in whose behalf he or she is authorized to allege such lien, claim or interest; the said estate, property . in his or her hands oi po i, on the terms and conditions mentioned in said Act and the foregoing ninth Rule.

RULE XII. In | plication by the Receiver to

the District Attorney, for the institution of suit to recover \ . ed alien enemy, in the

hands or ndant to the proposed

suit, it shall be the duty of the Receiver to state in writing, to the District Attorney, all the facts and

circumstances known to the Receiver, or of which information has been given him, necessary to enable the District Attorney to bring such suit under the 6th Section of said Act. Garnishment or other proper process may issue, as of course, to any per- son in possession of such property; and, on failure to appear and answer to such process, attachment may issue, at the return term of the process, to compel an appearance ; and such attachment shall be relieved only on good grounds appearing to the Conn that answer cannot be made. As auxiliary to other procesSjCommissions may issue i'ov examination of witnesses, as in other cases; and witnesses may be brought before the Court by subpoena, as in ordi- nary cases.

RULE XIII. Every suit brought under the 6th Section of said Act, shall be issued and served at least twenty days before the return term thereof; and defendant shall beheld to plead on or before the first day of that term. Incases of judgment by default, whether after personal or other service of the suit, the default may be opened, with or without costs, in the dis- cretion of the Court, on the ving made. In all cases of such suits, the answer or plea filed maybe excepted to for insufficiency or other proper cause, and the defendant be put upon- such terms as will tend to speed the cause ; and, in all eases of gar- nishment auxiliary to - it, such exceptions or traverses may be filed, and such interrogatories pro- pounded, as are provided for in the 8th Section ol* said Act ; and

conformable !o such Sth Section. In all cases of iult, or oi in; nl answer or plea, the Dis-

trict Attorney may tain an order to com-

nswer or plea, and take such further Steps th shall he within the power of a

Court of Equity to comp \ 1 answer or pli

IV.

bed in said 6th ion, shall be rith the Cleric, and a copy

then r his deputy upon

the party or parties, personally, or be left by the officer at the usual place oi of such party or

parties: and tl i r serving the same shall make

due return of rvice cannot

ti therefor. The Court or Judge . on application of the District At- torn tke such order for service by publication,

annot be effected, as the case to reqn

When the pi upon whom service shall be

st the prayer of the petition, or allege a ■ claim on the property

I ; or, if other person or persons by ore iourt, or

■ntioii q | n or persons,

'ii or ; I e allowed twi

day the si notice, or his, her

ortheii , or the the

ourt, li itiot .

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RULE XVI.

The District Attorney shall, within ten days from the filing of such answer or plea, file a replication to the same, unless the same be excepted to for in- sufficiency or other cause. On the filing of the re- plication, the pleadings shall be considered made up, and the case prepared for hearing. And, if the pleadings be made up, in any case, during the term, the proper entry shall be made on the docket, and (Fie case called for trial, at that term.

RULE XVII.

Iii every case of condemnation of property as sequestered for the Confederate States, whether the same be by decree or judgment, a writ of sequestra- tion shall, if asked for, be issued by the Clerk, for the property sequestered in the particular case. RULE XVIII.

Writs of garnishment shall, when issued in vaca- tion, be made returnable to the next succeeding term : if issued during the term, then to a certain day in term. On or before the return of the writ, the person to whom the writ is directed shall file, in the Clerk's office, answers to the writ ana interroga- tories thereto annexed. If further time be required for making answer, such further time will be granted by the Const, on proper and specific cause shown on oath; and reasonable notice of such application shall be served on the District Attorney.

RULE XIX.

V. henever a suit shah be brought, under Section 6th of this Act, for recovery of property of, or debt due to, an alien enemy, ;,ne defence shall be made

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as provided in the 7th Section; but, if ihe party in i possession of such property, or owing such debt, be S, served with garnishment and interrogatories only, or

% make voluntary return, then lie may, in his return,

if he claim an interest in the subject-matter involved

or any lien on, or set-oil' to, the same, embody his

-j plea or answer in the return, by complying strictly

V with the terms of Sections 7th and 8th in regard to

pleas; and the judgment or decree rendered on issue

/joined shall be conclusive in garnishment as in other suit; and every such defendant shall, whether in suit or garnishment, set out the name and place of residence of any other claimant or party in interest, that the proper order or proceedings may be made or had for bringing in such party. The return or answer of the garnishee may be controverted by the Receiver, as under Section 8tl . and so much of it as professes to be a plea shall be judged of as in cases of action or suit under Section 7th. When any defence is made or right claimed by the garni- shee, the District Attorney's name shall be entered on the docket for the Confederate States.

RULE XX. Where, under Section 19th, a former partner of, or person jointly interested with, an alien enemy, shall be served with garnishment, and shall desire the Court to sever such partnership or joint Interest, ;^ all the tacts necessary to a proper understanding of the case shall be set forth, under oath, in the return to the garnishment of (he alien enemy's interest; and, in such return, the partner or party jointly in- terested may petition the Court for such order or

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decree as may he proper. Such return and petition shall be handed to the Receiver, and by him handed to the Judge; and, if the Judge deem the proceed- ing regular, the Clerk shall docket the same, mark- ing the person making the return asa party defend- ant in the causa A cop}- of such proceeding shall be made out by the Clerk, and by him put into the hands of the Receiver for the District Attorney. The return may be contested, as in cases of gar- nishment ; and all the requisitions prescribed by the Act, shall apply to the petition of the party alleging an interest, as in case of a plea. To entitle himself to the benefit of this Rule, the partner or person jointly interested must make his return and petition in the time limited by the garnishment process. As far a^ applicable by analogy, this Rule shall apply to orginal applications for separation and settlement of joint interests ; but the Confederate States shall always be considered the plaintiff, and the petition of the other party be considered the plea, if it con- tain all that is required to make a good return to garnishment; and no order shall be taken on such original petition, except upon reasonable notice to the District Attorney.

RULE XXI. On a return by the proper officers of any Bank or other Corporation, of the interest of an alien enemy in the stock thereof, the Court shall order a transfer of the stock and payment of dividends to the Receiver, or make such other order in the case as will effectually secure the rights of the Confed- erate States.

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RULE XXII.

Every petition or application on which the Court or Judge is to act officially, must, on such action being had, be filed of record in the Clerk's oifice ; and all bonds or securities approved by the Court or Judge, shall immediately be filed in such ollice.

RULE XXIII. On the first day of each and every month, each Receiver shall file, with the Clerk of the proper District, a true and just account of all matters in his hands or under his control under the law, and make therein a just and true account of all matters connected' with each estate of an alien enemy of which he is a Receiver.

RULE XXIV.

Whenever, under any of the foregoing Rules, per- sonal or other service of any petition, process or other paper issuing from the Court, shall be re- quired, the same may be made by the appearance of the attorney or solicitor of the person or persons named in such petition, process or paper, and upon whom the same was directed to be served.

EDWARD J. HARDEN.

8th October, 1861.

AN ACT for the sequestration of the estates, prop- erty and effects of alien enemies, and for the in- demnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States.

Whereas, The Government and people of the United States have departed from the usages of civilized warfare in confiscating and destroying the property of the people of the Confederate States, of all kinds, whether used for military purposes or not; and whereas, our only protection against such wrongs is to be found in such incisures of retalia- tion as will ultimately indemnify our own citizens for their losses, and restrain the wanton excesses of our enemies: Therefore —

Section 1. Be it enacted by the Congress of the Confederate States of America, That, all and every the lands, tenements and hereditaments, goods and chattels, rights and credits, within these Confederate States, and every right and interest therein held, owned, possessed or enjoyed by or for any alien ene- mies since the 21st day of May, one thousand eight hundred and sixty-one, except such debts due to an | alien enemy as may have been paid into the Trea- sury of any one of the Confederate States rior to the passage of this law, he, and the same are hereby, sequ est rated, by the Confederate States of America, and shall be held for the lull indemnity of any true and loyal citizen or resident of these Confederate States, or other person aiding said Confederate States in the prosecution of the present war between said Confederate States and the United States of America, and for which he may suffei any loss or injury under the act of the United States to which this Act is retaliatory, or under anv other act of the

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' ',(i Stales, or of ai thereof, authorizing

ii e si izui i . i muatipii oi scation of the

1 : n idents of the Confederate

i aiding said Coi federate Stat< seized and disposed of

as proi : : Provided, ho\* e\ er,

when the i state, property or ri cted by

•i. wei ol this

('' I ich siuce said

twenty-first dj i i shali operate

to such . statt . and

all | laimin from an ■ the

day such State so I ecame a mem I i r i

. not before: i it it I er, That the

provisions oi this Act shall not ] to the si

or other public securities of the Co. Gov-

( or of any of the Stat< racy,

lien en< my, or any < obligation, or sum due from the Con ite Gov-

ernment, or any of the ' . to such alien enemy :

And provided, also, that the provisions of this Act shall not embrace the property of citizeus or resi- dents oi eithei ol the . . ti s of Delaware, Maryland, Kentucky or ."• issouri, or of the District of Columbia, or the territories of N sico, Arizona, or the

Indian Territory South of Kai except such of

shall commit actual hos- tiliii. inst the Confederate States, or aid and

abet the United ! in th< existing war against

the Confederate States.

Sec. 2. And be it further enacted, That it is, and shall be, the dutj of each and every citizen of these i.iederate Stat( \ e information to

the d with the execution of this law,

of any and every lands, tenements and heredita- ments, goodi and chattels, rights and credits within this Confederacy, and of every right and interest therein, held, owned, possessed or enjoyed by or tor any alien enemy as aforesaid.

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Sec. 3. Be it further enacted, That it shall be the duty of every attorney, agent, former partner, trus- tee or other person holding or controlling any such lands, tenements or hereditaments, goods or chattels, rights or credits, or any interests therein, of or for any such alien enemy, speedily to inform the Re- ceiver hereinafter provided to be appointed, of the same, and to render an account thereof, and, so far as is practicable, to place the same in the hands of such Receiver; whereupon, such person shall be fully acquitted of all responsibility for property and effects so reported and turned over. And any such person wifully failing to give such information and render such account shall be guilty of a high misdemeanor, and, upon indictment and conviction, shall be fined in a sum not exceeding five thousand dollars, and imprisoned not longer than six months, said fine and imprisonment to be determined by the court trying the case, and shall further be liable to be sued by the said Confederate States, and sul>jected to pay double the value of the estate, property or effects of the alien enemy held by him or subject to his control.

Sec. 4. It shall be the duty of the several Judges of this Confederacy to give this Act specially in charge to the Grand Juries of these Confederate States, and it shall be their duty at each sitting well and truly to inquire and report ail lands, tenements and hereditaments, g.^ods and chattels, rights and credits, and every interest therein, within the juris- diction of said Grand Jury, held by or for any alien enemy, and it shall be the duty of the several Receiv- ers, appointed under this Act, to take a copy of every such report, and to proceed in obtaining the posses- sion and control of all such property and effects re- ported, and to institute proceedings for the seques- tration thereof in the manner hereinafter provided.

Sec' 5. Be it further enacted, That each Juds?e

of this Confi appoint a R

which lie ho fore

iiiLr upon I his office, to give a bond

penalM ay be | • Judge,

with good and sufficii m security, to be approved by

that he will diligenty and faithful luties irj I upon him by

law. And said office r shall hold Ins office at the f the ,T; ;' - district or section for

which he is appointed, and shal I for

incompetency, or inefficiency, or infidelity in the the discharge of his trust And should the duties of any such Receiver, at any time, appear to the Judge to he greater than can be efficiently performed by him, then it shall be the duty of the Judge to divide (lie district or section into one or more other Receivers' districts, according to the necessities of the case, and to appoint a Receiver for each of said newly created districts. And every such Re- ceiver shall also, before entering upon the duties of his office, make oath in writing b< I »re the Judge of the district or section for which he is appointed, diligently, well and truly to execute the luties of his office.

Sec. 6. lie it further enacted, That it shall be the duty of th< ral Receivers aforesaid to take the

lion, control and mana I of all lands,

tenements and hereditaments, goods and chattels, rights and credits of each and every alien enemy within the section for which h< And to this

end he is empowered and required, whenever ne- ary for accomplishing the purposes of this Act, to sue for and recover the same in the name of said Coi. res, allowing, in the recovery of

credits, such delay as may have been, or may be, prescribed in any State as to the collection of debts therein during the war. And the form and mode of

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action, whether the matter be of jurisdiction iu law or equity, shall be by petition to the court, setting forth, as best he can, the estate, property, right or thing sought to be recovered, with the name of the person holding, exercising supervision over, in pos- session of or controlling as the ease may be. and praying a sequestration thereof. Notice shall thereupon be forthwith issue:! by the clerk of the court, or by the Receiver, to such person, with a copy of the petition, and the same shall be served by the Marshal or his deputy, and returned to the court as other mesne process in law eases; whereupon, the cause shall be docketed and stand for trial in the court according to the usual course of its busi- ness, and the court or Judge, shall, at any time, make all orders of seizure that may seem necessary to secure the subject-matter of the suit from danger of loss, injury, destruction or waste, and may, pend- ing the cause, make orders of sale in cases that may seem to such Judge or court necessary to preserve any property sued for from perishing or waste : Pro- vided, That in any case when the Confederate Judge shall find it to be consistent with the safe-keeping of the property so sequestered, to leave the same in the hands and under the control of any debtor, or person in whose hands the real estate and slaves were seized, who may be in possession of the said prop- erty or credits, he shall order the same to remain in the hands and under the control of said debtor, or person in whose hands the real estate and slaves were seized, requiring in every such case such secu- rity for the safe-keeping of the property and credits as he may deem sufficient for the. purpose aforesaid, and to abide by such further orders as the court may make in the premises. But this proviso shall not apply to bank or other corporation stock, or divi- dends due or which may be due thereon, or to rents on real estate- in cities. And no debtor or other

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person shall be entitled to the benefit of this pro- viso, unless lie has first paid into the hands of t lie Receiver all interests or net profits which may have accrued since the twenty-first of May, eighteen hun- dred and sixty-one and, in all rases coming under this proviso, such debtor shall be bound to pay over annually to the Receiver, all interest which may ac- crue as the same falls due; end the person in whose hands any other property may he left shall be bound to account lor, and pay over annually to the Receiver, the net Income or profits of said property, and on failure <>; such debtor or other person to pay over Mich interest, net income or profits, as the same falls due, the Receiver may demand and recover the debt or property. And, wherever, aftei ten days notice to any debtor or person in whose hands pro] • left, oi" an : rj lor

further security, it shall b to the

satisfaction ol the court that t, iich

debtor or person • rl may, on

the faiii ent additional

mder ju ties on

bondj for the recovery of tl I or property:

Provided, further, That said c in the opinion of the Ju sof the public exi-

gencies may require it, order the money due as aforesaid to he demanded by the Receiver, and if, upon demand of the Receiver, made in conformity to a decretal order of the court requiring said Re- ceiver to collect any debts for the payment of which security may have bi ven under the provisions

oi' this Act, the debtor or his security shall fail to pay the same, then upon ten days notice to said debtor and his security, given by said Receiver, ■ motion to be made in sai I court for judgment for the amoum so secured, said court, at the next term thereof, may proceed to render judgmenl against said principal and security, or against the party served

with such notice, for the sum so secured with in- terest thereon, in*the name oi said Receiver. J»nd to issue execution therefor.

Sec. 7. 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 a defendant and be allowed to defend to the extent of the interest propounded by him; but no person shall be heard in defence, until he shall file a plea, verified by affidavit and signed by him, setting forth that no ali mi enemy bus any interest in the right which he asserts, or for which he litigates, either directly or indirectly, by trust, open or secret, and that lie litigates solely for himself, or for some citizen ot the Confederate States whom he le-

lly represents : and when the defence is con- ducted for or cm account of another, in whole or part, the plea shall set forth the name and residence of such other person, and the relation that the defend- aat bears to him in the litigation. If the cause in- volves matter which should be tried by a jury ac- cording to the course of the common law, the de- fendant shall be entitled to a jury trial. If it involves matters of equity jurisdiction, the court shall proceed according to its usual mode of procedure in such cases, and the several courts of this Confederacy may, from time to time, establish rules of procedure under this act, not inconsistent with the act or other laws of these Confederate States.

Sec. 8. Be it further enacted, That the clerk of court shall, at the request of the Receiver, from time ? to time, issue writs of garnishment, directed to one or more persons, commanding them to appear at the then sitting, or at any future term of the court, and to answer under oath what property or effects of any alien enemy he had at the service of the process, or since has had under his possession or control belong- ing to or held for an alien enemy, or in what sum, if

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any, he is or \\ as. at the time ot service of the garnish- ee* since has been, indebted to any alien enemy,

and the court shall have power to condemn the property or effects, or debts, according to the an-

r, and to mat h Poles and orders for the

bringing in of the third persons claiming or disclosed

by the answer to have an interest in the litigation

as to it shall seem proper; but in n-> case shail any

be heard in respect thereto, until he shall, by

rn plea, set forth sul lly the matters before

required o( parties pleading. And the decree or ol the court, in conformity to

jh\s act, shall forever : thegarnishee in

| to the matter involved. And in all cases of gar- r • i act, the Receiver may test the truth of the garnishee's answer, by filing a statement, under oath, that he believes the answer to be un- true, specifying the particulars in which he believes the garnishee has, by omission or commission, not answered truly ; whereupon, the court shall cause an issue to be made between the Receiver and garni- shee, and judgment rendered as upon the trial of other issues. And. in all cases of litigation, under this act, the Receiver may propound interrogatories to the adverse party touching any matter involved in the litigation, a copy of which shall be served on the opposite party or his attorney, and which shall be answered under oath within thirty days of such service, and upon failure so to answer, the court shall make such disposition of the cause as shall to it seem most promotive of justice, or should it deem answers to the interrogatories necessary in order to secure a discovery, the court shall imprison the party in default until full an hall be made.

•. 9. It shail he the duty of the District Attor- ney ot the Confederate States, diligently to prosecute all causes instituted under this act, and he shall re- ceive as a compensation therefor two per cent, upon

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and from the fruits of all litigation instituted under this act ; Provided, that no matter shall be called litigated except a defendant be admitted by the court, and a proper plea be filed.

Sec. 10. Be it further enacted, That each Re- ceiver appointed under this act shall, at least every six months, and as much oftener as he may be re- quired, by the court, render a true and perfect ac- count of all matters in his hands or under his control under the law, and shall make and state just and per- fect accounts and settlements under oath of his collec- tions of money and disbursements under this law, stating accounts and making settlements of all mat- ters separately, in the same way as if he were admin- istrator of several estates of deceased persons by separate appointments. And the settlement and decrees shall be for each case or estate separately, so that the transaction in respect to each alien enemy's property may be kept recorded and pre- served separately. No settlement as above provided shall, however, be made until judgment or decree of sequestration shall have passed, but the court may at any time pending litigation, require an ac- count of matters in litigation and in the possession of the Receiver, and may make such orders touching the same as shall protect the interest of the parties concerned.

Sec. 11. When the accounts of any Receiver shall be filed respecting any matter which has passed sequestration, the court shall appoint a day for set- tlement, and notice thereof shall be published con- secutively for four weeks in some newspaper near the place of holding trie court, and the clerk of the court shall send a copy of such newspaper to the District Attorney of the Confederate States for the Court where the matter is to be heard, and it shall be the duty of the said District Attorney to attend the settlement and represent the Government, and

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to see that a full, true and just settlement is made;

The several settlements precedingthe final oik- shall be interlocutory only, and may be impeached at the final settlements, which latter will be conclus unless reversed or impeached within two years, lor

fraud.

Sec u. Be it further enacted, That the court having jurisdiction of the matter shall, whenevei sufficient cause is shown therefor, direct the sale of any persona! property, other than slaves, sequestered under this act, on such terms i it shall seem

best, and such sale shall pass the title of the pen as whose property the same has been s< questered.

Sec 13. All settlements of accounts of Receivers for sequestered property shall be recorded, and a copy thereof shall be forwarded by the clerk of the court to the Treasurer of the Confederate States, within ten days after the decree, interlocutory or final, has been passed ; and all balances found against the Receiver shall by him be paid over into the court, subject to the order of the Treasurer of the Confederate States, and upon the failure of the Receiver for five days to pay over the same, execu- tion shall issue therefor, and he shall be liable to at- tachment by the court, and to suit upon his bond. And any one embezzeling any money under this Act shall be liable to an indictment, and on convic- tion shall be confined at hard labor for not less than six months nor more than live years, in the discre- tion of the court, and fined in double the amount embezzled.

Sec. 14. Be it further enacted, That the President of the Confederate States shall, by and with the ad- vice and consent of Congress, or of the Senate, if the appointment be made under the permanent Gov- ernment, appoinl three discreet Commission learned in the law, who shall hold at the seat of Government two terms each year, upon notice

25

given, who shall sit so long as the business before them shall require ; whose duty it shall be, under such rules as they may adopt, to hear and adjudge such claims as may be brought before them by any one aiding this Confederacy in the present war against the United States, who shall allege that he has been put to loss under the act of the United States, in retaliation of which this act is passed, or under any other act of the United States, or of any State thereof, authorizing the seizure, condemnation or confiscation of the property of any citizen or resi- dent of the Confederate States, or other person aid- ing said Confederate States in the present war against the United States, and the finding of such Commis- sioners in favor of any such claim shall, be prima facie evidence of the correctness of the demand, and whenever Congress shall pass the claim, the same shall be paid from any money in the Treasury de- rived from sequestration under this act: Provided, That said Board of Commissioners shall not con- tinue beyond the organization of the Court of Claims provided for by the Constitution ; to which Court of Claims the duties herein provided to be dis- charged by Commissioners shall belong upon the organization of said court. The salaries of said Commissioners shall be at the rate of two thousand five hundred dollars per annum, and shall be paid from the Treasury of the Confederacy. And it shall be the duty of the Attorney General, or his assist- ant, to represent the interest of this Government in all cases arising under this act before said Board of Commissioners.

Sec. 15. Be it further enacted, That all expenses incurred in proceedings under this act shall be paid from the sequestered fund, and the Judges, in set- tling accounts with Receivers, shall make to them proper allowances of compensation, taking two and a half per cent, on receipts, and the same amount on ex-

26

penditures, as reasonable compensation in all ca

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 sequestered fund : Provided, that all sums realized by any Receiver in one year for his services exceeding five thousand dollars, shall he paid into the Confederate Treasury, for the use of the Confederacy.

Sec. \G. And be it further enacted, That the At- torney General shall prescribe such uniform rules of proceeding under this law, not herein otherwise provided for. as shall meet the necessities of the case.

Sec. 17. Be it further enacted, Thai appeals may lie from any final decision of the court under this law, in the same manner and within the same time, as is now, or hereafter may be by law prescribed for appeals in other civil cases.

Sec. 18. Be it further enacted, That the word - \ '* person " in this law includes all private corpora- tions, and in all cases, when corporations become parties, and this law requires an oath to be made, it shall be made by some officer of such corporation;

Sec. 19. Be it further enacted. Thai the courts arc vested with jurisdiction, and required by this act, to settle all partnerships heretofore existing between a citizen and one who is an alien enemy ; to separate the interest of the alien enemy, and to sequestrate it. And it shall, also, sever all joint rights when an alien enemy is concerned, and sequestrate the in- terest of such alien enemy.

Sec. 20. Be it further enacted, That inallcasesof administration of any matter or thing under this act, the court having jurisdiction may make such orders touching the preservation of the property or effects under the direction or control of the Re- ceiver, not inconsistent with the foregoing provi- sions, as to it shall seem proper. And the Receiver may, at any time, ask and have the instructions ol

27

the court, or Judge, respecting his conduct in the disposition or management of any property or effects under his control.

Sec. 21. That the Treasury notes of this Confed- eracy shall be receivable in payment of all pur- chases of property or effects sold under this act.

Sec. 22. Be it further enacted, That nothing in this act shall be construed to destroy or impair the lien or other rights of any creditor, a citizen or resi- dent of either of the Confederate States, or of any other person, a citizen or resident of any country, State or Terriiory with which this Confederacy is in friendship, and which person is not in actual hos- tility to this Confederacy. And any lien or debt claimed against any alien enemy, within the mean- ing of this act, shall be propounded and filed in the court in which the proceedings of sequestration are had, within twelve months from the institution of such proceedings for sequestration ; and the court shall cause all proper parties to be made and notices to be given, and shall hear and determine the re- spective rights of all parties concerned : Provided, however, That no sales or payments over of money shall be delayed for, or by reason of, such rights or proceedings ; but any money realized by the Re- ceiver, whether paid into the court, or Treasury, or still in the Receiver's hands, shall stand in lieu of that which produced said money, and be held to an- swer the demands of the creditors aforesaid, in the same manner as that which produced such money was. And all claims not propounded and filed as aforesaid, within twelve months as aforesaid, shall cease to exist against the estate, property, or effects sequestrated, or the proceeds thereof. Approved August 30, 1861.

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