CHAP. LXI.-An Act for the sequestration of the estates, property and effects of alien August 30, 1861. · enemies, and for the indemnity 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 Preamble. enemies. eact. Be it enacted by the Congress of the Confederate States of America, Sequestration of That all and every the lands, tenements and hereditaments, goods and Property of alien chattels, rights and credits within these Confederate States, and every right and interest therein held, owned, possessed or enjoyed by or for any alien enemy since the twenty-first 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 Treasury of any one of the Confederate States prior to the passage of this law, be, and the same are hereby, sequestrated by the Purpose of this Confederate States of America, and shall be held for the full 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 suffer any loss or injury under the act of the United States to which this act is retaliatory, or under any other act of the United States, or of any State thereof authorizing the seizure, condemnation, or confiscation of the property of citizens or residents of the Confederate States, or other person aiding said Confederate States, and the same shall be seized and disposed of as provided for in this act: Provided, however, Proviso. When the estate, property or rights to be effected by this act were, or are, within some State of this Confederacy, which has become such since said twenty-first day of May, then this act shall operate upon, and as to such estate, property or rights, and all persons claiming the same from and after the day such State so became a member of this Confederacy, and not before: Provided, further, That the provisions of the act shall not extend to the stocks or other public securities of the Confederate Government, or other public secu. of any of the States of this Confederacy held or owned by any alien rities. enemy, or to any debt, obligation, or sum due from the Confederate Government, or any of the States, to such alien enemy: And provided, also, That the provisions of this act shall not embrace the property of citizens the property of the or residents of either of the States of Delaware, Maryland, Kentucky or citizens or resiMissouri, or of the District of Columbia, or the Territories of New Mexico, dents of certain Arizona, or the Indian Territory South of Kansas, except such of said States and Terricitizens or residents as shall commit actual hostilities against the Confederate States, or aid and abet the United States in the existing war against the Confederate States. Not to apply to certain stocks or Nor to embrace tories. property Reques SEC. 2. And be it further enacted, That it is, and shall be, the duty of Duty of citizens each and every citizen of these Confederate States speedily to give infor- to notify officers of mation to the officers charged with the execution of this law of any and trated. every lands, tenements and hereditaments, goods and chattels, rights and credits within this Confederacy, and of every right and interest therein held, owned, possessed or enjoyed by or for any alien enemy as aforesaid. SEC. 3. Be it further enacted, That it shall be the duty of every attor- Attorneys, agents, ney, agent, former partner, trustee or other person holding or controlling any such lands, tenements or hereditaments, goods or chattels, rights or fiduciaries to give credits, or any interest therein, of or for any such alien enemy, speedily to information to reinform the receiver hereinafter provided to be appointed, of the same, and ceiver and render to render an account thereof, and, so far as is practicable, to place the former partners, trustees, and other account. turned over. ure. Acquitted of res- same in the hands of such receiver; whereupon, such person shall be fully ponsibility for pro- acquitted of all responsibility for property and effects so reported and perty reported and turned over. And any such person wilfully failing to give such informaPenalty for fail- tion 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 Liable to be sued further be liable to be sued by said Confederate States, and subjected to by the C. S. pay double the value of the estate, property or effects of the alien enemy held by him or subject to his control. This act to be Receiver to take SEC. 4. It shall be the duty of the several judges of this Confederacy given in charge to to give this act specially in charge to the grand juries of these Confede the grand juries. rate States, and it shall be their duty at each sitting well and truly to Their duty. enquire and report all lands, tenements and hereditaments, goods and chattels, rights and credits, and every interest therein, within the jurisdiccopy of report of tion of said grand jury, held by or for any alien enemy, and it shall be the the grand jury and duty of the several receivers, appointed under this act, to take a copy of possession of the such report, and to proceed in obtaining the possession and control of all and proceed to se- such property and effects reported, and to institute proceedings for the questrate the same. sequestration thereof in the manner hereinafter provided. property reported, Appointment of receivers. Bond. Tenure of office. SEC. 5. Be it further enacted, That each judge of this Confederacy shall, as early as practicable, appoint a receiver for each section of the State for which he holds a court, and shall require him, before entering upon the duties of his office, to give a bond in such penalty as may be prescribed by the judge, with good and sufficient security, to be approved by the judge, conditioned that he will diligently and faithfully discharge the duties imposed upon him by law. And said officer shall hold his office at the pleasure of the judge of the district or section for which be is appointed, and shall be removed for incompetency, or inefficiency, or infidelity in the discharge of his trust. And should the duties of any Sub-division of such receiver, at any time, appear to the judge to be greater than can be pointment of other efficiently performed by him, then it shall be the duty of the judge to divide the 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 receiver shall also, before entering upon the duties of his office, make oath in writing before the judge of the district or section for which he is appointed, diligently, well and truly to execute the duties of his office. districts and ap receivers. Oath. Receiver to take the property of alien enemies. recover same. SEC. 6. Be it further enacted, That it shall be the duty of the several possession, &c., of receivers aforesaid to take the possession, control and management of all lands, tenements and hereditaments, goods and chattels, rights and credits of each and every alien enemy within the section for which he acts. And May sue for and to this end he is empowered and required, whenever necessary for accomplishing the purposes of this act, to sue for and recover the same in the name of said Confederate States, allowing, in the recovery of credits, such delays as may have been, or may be, prescribed in any State as to the Form of action, collection of debts therein during the war. And the form and mode of action, whether the matter be of jurisdiction in 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 possession of, or controlling the same, Notice to person as the case may be, and praying a sequestration thereof. Notice shall thereupon be forth with issued 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 of process in law cases; whereupon, the cause shall be docketed and stand for trial in the court according to the usual course of its business, and the the in possession of or controlling property. Docketing cause. of seizure or sale or other person. Security for its safe-keeping, &c. certain rents. court or judge shall, at any time, make all orders of seizure that may Court or judge seem necessary to secure the subject-matter of the suit from danger of may make orders loss, injury, destruction or waste, and may, pending the cause, make orders to preserve properof sale in cases that may seem to such judge or court necessary to preserve ty from waste. any property sued for from perishing or waste: Provided, That in any When property case when the Confederate judge shall find it to be consistent with the may be left in the safe-keeping of the property so sequestered, to leave the same in the hands hands of the debtor 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 property 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 security for the safekeeping 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 This proviso not corporation stock, or dividends due, or which may be due thereon, or to rents to apply to stocks on real estate in cities. And no debtor or other person shall be entitled or dividends, or to to the benefit of this proviso unless he has first paid into the hands of the receiver all interests or net profits which may have accrued since the twenty-first May, eighteen hundred and sixty-one; and, in all cases coming Interest or profits under this proviso, such debtor shall be bound to pay over annually to the of property left in receiver all interest which may accrue as the same falls due; and the per- other person to be son in whose hands any other property may be left shall be bound to paid over to account for, and pay over annually to the receiver, the net income or pro- ceiver. fits of said property, and on failure of such debtor or other person to pay over such interest, net income or profits, as the same falls due, the receiver may demand and recover the debt or property. And wherever, after ten days' notice to any debtor or person in whose hands property or debts may be left, of an application for further security, it shall be made to appear to the satisfaction of the court that the securities of such debtor or person are not ample, the court may, on the failure of the party to give sufficient additional security, render judgment against all the parties on the bond for the recovery of the debt or property: Provided, further, That said court may, whenever, in the opinion of the judge thereof, the public exigencies judge may order may require it, order the money due as aforesaid to be demanded by the be demanded by receiver, and if upon demand of the receiver, made in comformity to a the receiver. decretal order of the court requiring said receiver to collect any debts for the payment of which security may have been given under the provisions hands of debtor or re When further security may be required. When court or the money due to of this act, the debtor or his security shall fail to pay the same, then upon Notice of motion ten days' notice to said debtor and his security, given by said receiver, of for judgment on a motion to be made in said court for judgment for the amount so secured, failure to pay. said court, at the next terin thereof, may proceed to render judgment Judgment and against said principal and security, or against the party served with such execution. notice, for the sum so secured with interest thereon, in the name of said receiver, and to issue execution therefor. SEC. 7. Any person in the possession and control of the subject-matter Who may be adof any such suit, or claiming any interest therein, may, by order of the mitted as a defen dant. Plea: what to court, be admitted as a defendant and be allowed to defend to the extent Mode of pro Jury trial. Writs of garnishment. erty or debts ac persons. which should be tried by a jury according to the course of the common law, the defendant 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 the 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 belonging to or held for an alien enemy, or in what sum, if any, he is or was at the time of service of the garnishment, or since has been indebted to any alien enemy, and Power of court the court shall have power to condemn the property or effects, or debts, to condemn prop- according to the answer, and to make such rules and orders for the cording to answer, bringing in of third persons claiming or disclosed by the answer to have and to order the an interest in the litigation as to it shall seem proper; but in no case shall bringing in of third any one be heard in respect thereto until he shall, by sworn plea, set forth No one to be substantially the matters before required of parties pleading. And the heard without plea. decree or judgment of the court, rendered in conformity to this act, shall Judgment of the forever protect the garnishee in respect to the matter involved. And in court to protect all cases of garnishment under this act, the receiver may test the truth of garnishee. How receiver the garnishee's answer by filing a statement, under oath, that he believes may test the truth the answer to be untrue, specifying the particulars in which he believes the of garnishee's an- garnishee has, by omission or commission, not answered truly; whereupon the court shall cause an issue to be made between the receiver and gar May propound nishee, and judgment rendered as upon the trial of other issues. And in interrogatories. all cases of litigation under this act the receiver may propound interroga tories to the adverse party touching any matter involved in the litigation, Period of copy a copy of which shall be served on the opposite party or his attorney, and of, on failure to 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 answers shall be made. SEC. 9. It shall be the duty of the District Attorney of the Confederate States, diligently to prosecute all causes instituted under this act, and he Compensation. shall receive as a compensation therefor two per cent. upon 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. swer. answer, court may dispose of cause, or imprison the party in default. Duty of District Attorney. Proviso. Receivers to render accounts. acter of the counts. ac SEC. 10. Be it further enacted, That each receiver appointed under this act shall, at least every six months, and as much oftener as he may be required, by the court, render a true and perfect account of all matters in Nature and char- his hands or under his control under the law, and shall make and state c-just and perfect accounts and settlements under oath of his collections of monies and disbursements under this law, stating accounts and making settlements of all matters separately, in the same way as if he were administrator of several estates of deceased persons by separate appointments. And the settlements and decrees shall be for each case or estates separately, so that the transaction in respect to each alien enemy's property may be Not required until kept recorded and preserved separately. No settlement as above provided judgment or decree shall, however, be made until judgment or decree of sequestration shall Court may, at have passed, but the court may at any time pending litigation, require an any time, require account of matters in litigation and in the possession of the receiver, and of sequestration. may make such orders touching the same as shall protect the interest of account of matters in litigation, and the parties concerned. make orders touch ac counts. Notice SEC. 11. When the accounts of any receiver shall be filed respecting ing same. any matter which has passed sequestration, the court shall appoint a day Final settlement for settlement and notice thereof shall be published consecutively for four of receivers weeks in some newspaper near the place of holding the court, and the clerk thereof to be pubof the court shall send a copy of such newspaper to the District Attorney lished, &c. of the Confederate States, for the court, where the matter is to be heard, and it shall be the duty of said District Attorney to attend the settlement District Attorney and represent the government and to see that a full, true and just settlement ment. is made. The several settlements preceding the final one shall be inter- Interlocutory setlocutory only, and may be impeached at the final settlements, which latter tlements impeachshall be conclusive, unless reversed or impeached within two years, for Final settlement fraud. to attend settle able. conclusive, unless, SEC. 12. Be it further enacted, That the court having jurisdiction of &c. the matter shall, whenever sufficient cause is shown therefor, direct the sale Court may direct sale of personal of any personal property, other than slaves, sequestered under this act, on property, other such terms as to it shall seem best, and such sale shall pass the title of the than slaves, seperson as whose property the same has been sequestered. questered under this act. Accounts of re sent to Treasurer 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 ceivers to be rethe court to the Treasurer of the Confederate States within ten days after corded and copy the decree, interlocutory or final, has been passed; and all balances found of C. S. against the receiver shall by him be paid over into the court, subject to the Receiver to pay order of the Treasurer of the Confederate States, and upon the failure of the balances found receiver for five days to pay over the same, execution shall issue therefor, and ecution to issue, on he shall be liable to attachment by the court and to suit upon his bond. And failure. any one embezzling any money under this Act shall be liable to indictment, ment and suit on and on conviction shall be confined at hard labor for not less than six Punishment for months nor more than five years, in the discretion of the court, and fined embezzling money in double the amount embezzled. against him. Ex his bond. Attach under this act. SEC. 14. Be it further enacted, That the President of the Confede- Appointment of rate States, shall, by and with the advice and consent of Congress, or of Commissioners. the Senate, if the appointment be made under the permanent Government, appoint three discreet Commissioners, learned in the law, who shall hold at the seat of Government two terms each year, upon notice 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 Their duties. 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 resident of the Confederate States, or other person aiding said Confederate States in the present war with the United States, and the finding of such Commissioners 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 derived from sequestration under this act; Provided, That said Board Appointment not of Commissioners shall not continue beyond the organization of the Court of Claims, provided for by the Constitution; to which Court Court of Claims. of Claims the duties herein provided to be discharged by Commissioners shall belong upon the organization of said Court. The Their salaries. 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 to continue beyond the organization of Confederacy. And it shall be the duty of the Attorney General or his Attorney Gene |