ral or his assistant assistant to represent the interests of this Government in all cases to represent the interests of the Gov arising under this act before said Board of Commissioners. ernment before ers. SEC. 15. Be it further enacted, That all expenses incurred in prosaid Commission-ceedings under this act shall be paid from the sequestered fund, and the Judges, in settling 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 expenditures, as reasonable compensation, in all cases. 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, exeeding five thousand dollars, shall be paid into the Confederate Treasury, for the use of the Confederacy. Proviso. Attorney Gene ral to furnish uni- The word "per SEC. 16. Be it further enacted, That the Attorney 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, That 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 son," what to in- includes all private corporations; and in all cases, when corporations By whom oath become parties, and this law requires an oath to be made, it shall be to be made when made by some officer of such corporation. clude. corporation a par ty. Settlement of partnerships. Severa n ce joint rights. SEC. 19. Be it further enacted, That the courts are vested with jurisdisction, 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 shail, also, of sever all joint rights when an alien enemy is concerned, and sequestrate the interest of such alien enemy. Preservation of property. SEC. 20. Be it further enacted, That in all cases of 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 Receiver, not inconsistent with the foregoing provisions, as to it shall seem proper. And the Receiver m a y Receiver may, at any time, ask and have the instructions of the court, have ins ructions or Judge, respecting his conduct in the disposition or management of any property or effects under his control. of the court or judge. Treasury notes SEC. 21. That the Treasury notes of this Confederacy shall be receivable in pay- receivable in payment of all purchases of property or effects sold under ment of purchases this act. of property. How this act to be construed. my, to be pro any other 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 resident of either of the Confederate States, or of person, a citizen or resident, of any country, State, or Territory, with which this Confederacy is in friendship, and which person is not in Lien or debt actual hostility to this Confederacy. And any lien or debt claimed against alien ene- against any alien enemy, within the meaning of this act, shall be propounded and filed. pounded and filed in the court, in which the proceedings of sequstration 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 respective 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 Receiver, 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 answer Proceedings. Proviso. 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 to exist against the estate, property, or effects sequestrated, or the proceeds thereof. APPROVED August 30, 1861. CHAP. LXII.-An Act to perpetuate testimony tn cases of slaves abducted or harbored August 30, 1861. by the enemy, and of other property seized, wasted or destroyed by them. of abduction or The Congress of the Confederate States of America do enact, That Perpetuation of when any slave or slaves owned by a citizen of the Confederate States, testimony, in case or an inhabitant thereof, shall be, or may have been abducted or harboring of slaves harbored by the enemy, or by any person or persons acting under by the enemy. the authority, or color of authority of the United States Government, or engaged in the military or naval service thereof, during the existing war, it shall be lawful for the owner or his attorney to appear before any Judge of the Confederate States, or a commissioner of any court thereof, or any notary public, or in case of there being no such officer within the county, city or corporation, where the proceedings are Proceedings. instituted, before any justice of the peace or alderman, consenting to act in the premises, and adduce proof, oral or written, of the fact of such ownership and abduction or harboring. If the owner of such slave or slaves is laboring under the legal disability of infancy, insanity or coverture, the evidence tending to establish such ownership, and abduction or harboring, may be adduced by the proper legal representative of the owner. In all cases such owner, attorney or representative shall make affidavit of the loss. Such affidavit shall not be taken as evidence of the fact of loss, unless it shall appear to the satisfaction of the officer taking the same that no other and better evidence can be obtained, which fact shall distinctly appear in the certificate of such officer; and it shall be the duty of the judicial officer taking cognizance of the case, to reduce to writing the oral evidence, and to retain the written evidence in support of the alleged ownership and loss, and within thirty days after the hearing, to transmit the same to the Secretary of State of the Confederate States, to be filed and preserved among the archives of the State Department, accompanied by a certificate from the said judicial in State Depart officer, authenticating the report so made by him. And the said judicial ment. officer shall also state in his certificate of authentication, whether, in his opinion, the evidence so heard and transmitted, is, or is not, entitled to credit. It shall be the duty of the Secretary of State to receive and file in his Department, the report so transmitted, and to furnish to the owners, attorney or representative a duly certified copy thereof, whenever the same shall be demanded. SEC. 2. And be it further enacted, That whenever any property, other Perpetuation of than slaves, real or personal, belonging to any citizen of the Confederate testimony where States, or any inhabitant thereof, shall be seized, wasted or destroyed by than slaves, shall the enemy, during the existing war, or by any person or persons acting be seized, wasted under the authority, or color of authority of the United States Govern- or destroyed by the ment, or engaged in the military or naval service thereof, the mode of taking and preserving proof thereof, shall conform in all respects to that prescribed in the above section, and have like effect. Evidence to be filed and preserved Copies to be furnished. property, other enemy. Act not to be construed as im plying that the C. SEC. 3. And be it further enacted, That the provisions of this act shall not be construed as implying that the Confederates States are in any way liable to make compensation for any of the property to which S. will make comit refers. pensation. APPROVED August 30, 1861. August 30, 1861. CHAP. LXIII.-An Act to provide for the transmission of Money, Bonds or Treasury Notes. Transmission of The Congress of the Confederate States of America do enact, That funds of the C. S. the Secretary of the Treasury is authorized to make such arrangements for the transmission of the funds of the Confederate States as he shall Appropriation. deem expedient; and for that purpose the sum of twenty thousand dollars is hereby appropriated. APPROVED August 30, 1861. August 30, 1861. CHAP. LXIV-An Act to amend an act entitled "An act recognizing the existence of War between the United States and the Confederate States, and concerning Letters of Marque, Prizes and Prize Goods," approved May sixth, eighteen hundred and sixtyone; and an act entitled "An act regulating the Sale of Prizes ond the Distribution thereof," approved May sixteenth, eighteen hundred and sixty one. 6, chapter 3, so as Inventory of the Amendment of The Congress of the Confederate States of America do enact, That section seven of the seventh section of the first above recited act be so amend d set of 1861, May as to permit and authorize the breaking cf bu.k and the removal to authorize the by the captors of the whole or any part of the goods found on breaking of bulk board a captured vessel whenever such removal may be necessary for and removal of the safe carriage of such vessel into port, and also, in all cases where, goods on captured vessels. by grounding or otherwise, the securing of the cargo or any part thereof may require the removal: Provided, That the person in command of the ves el making such capture shall, as soon as practicable, after landing the cargo or any part thereof, cause an exact inventory of the same property. To be to be made by the nearest magistrate, wherein shall be specified each filed with collector. and every article so landed, and the marks, if any thereon, and forward the same immediately to the collector of the nearest port; the property Custody of the so landed shall remain in the custody of such magistrate, and he shall property. Com- retain possession thereof until the same can be delivered to the marshal; and the court before which such cargo shall be brought, in case the same shall be condemned, may allow such compensation to the magistrate Proviso, when as to the court may seem just and proper: And, provided further, That removal made for when such removal shall be made for the purpose of lightening over bars of and shoals, and the goods removed shall, as soon thereafter as practicable, be restored on board the prize vessel, the same may be carried to port as if no removal had been made; and no delivery, as provided in the preceding clause, to a magistrate shall be required. pensation. the purpose lightening over bars and shoals. First sec. of the 14, ch.18, amended so as to allow sale may SEC. 2. That the first section of the last above recited act be 80 act of 1861, May amended as to allow the judge of a prize court, wherein any condemnation be had, to order and decree that the said vessel and the of prize vessel and cargo, or any part thereof, may, in his discretion, and to enhance the cargo by marshal value thereof, be sold by the marshal of the adjoining district, and at of adjoining dis- such place therein as he may designate; Provided, always, That the duties upon all dutiable goods shall be paid from the proceeds of sale. APPROVED August 30, 1861. trict. Proviso. August 30, 1861. CHAP. LXV.-An Act vesting certain powers in the Commissioners of the District Courts of the Confederate States. commissioners ap Powers vested in The Congress of the Confederate States of America do enact, That pointed by the dis- the Commissioners appointed by the District Courts of the Confederate States shall have power to issue warrants of arrest against trict courts. offenders, for any crime or offence against the Confederate States, or the laws thereof, and to commit to prison or admit to bail such offender, as the case may be, for trial before such court, as may have cognizance of the offence, and with all the powers in relation to crimes and offences against the Confederate States, or the laws thereof, which are conferred on justices of the peace in relation to crimes and offences against the United States of America, by the act of the twenty-fourth of September, seventeen hundred and eighty-four, of the Congress of said United States, entitled "An Act to establish the Judicial Courts of the United States." SEC. 2. And be it further enacted, That said Commissioners shall Compensation. have such compensation for their services as is given for like services to Commissioners of the United States, by the act of the Congress of said United States, entitled "An Act to regulate the fees and costs to be allowed Clerks, Marshals and Attorneys of the Circuit and District Courts of the United States, and for other purposes," passed on the twenty-sixth of February, eighteen hundred and fifty-three, or by the laws. of the United States at that time; to be allowed by the Courts, and paid out of the Treasury of the Confederate States of America. APPROVED August 30, 1861. CHAP. LXVI.-An Act to authorize the appointment from civil life of Persons to the August 31, 1861. Staffs of Generals. Civilians may the staffs of Gene The Congress of the Confederate States of America do enact, That the President may, in his discretion, upon the application and recommen- be appointed to dation of a General of the Confederate States Army, appoint from civil rals. life, persons to the staff authorized by law of such officer, who shall have the same rank and pay as if appointed from the Army of the Confederate States. APPROVED August 31, 1861. CHAP. LXVII.-An Act providing for the appointment of Adjutan's of Reginents and August 31, 161. Legions, of the grade of Subaltern, in addition to the Subalterns attached to Companies. The Congress of the Confederate States of America do enact, That Appointment s the adjutants of regiments and legions, may be appointed by the adjutants of regi President upon the recommendation of the Colonel thereof, of the ments and legions of the grade of grade of subaltern, in addition to the subaltern officers attached to subaltern. companies, and said adjutants, when so appointed, shall have the same rank, pay and allowances as are provided by law to adjutants of regiments. APPROVED August 31, 1861. CHAP. LXVIII.—An Act providing for the reception and forwarding of articles sent to August 31, 1861. the army by private contribution. Reception and vate contributions The Congress of the Confederate States of America do enact, That the Secretary of War be authorized and required to make all necessary forwarding of priarrangements for the reception and forwarding of clothes, shoes, blank- for the army. ets, and other articles of necessity that may be sent to the army by private contribution. APPROVED August 31, 1861. CHAP. LXIX. An Act to allow rations to Chaplains in the army. The Congress of the Confederate States of America do enact, That Chaplains in the army be, and they are hereby, allowed the same rations as privates. Preamble. Secretary of to the State of CHAP. LXX.-An Act to reimburse the State of Florida. WHEREAS, The State of Florida has made large outlays of money in the arming, equip[p]ing and maintaining troops for the service of the Confederate States, and in the construction of sea-coast defences whereby the State of Florida has exhausted her treasury, and has great need of money to carry on her military operations: ThereforeThe Congress of the Confederate States of America do enact, That Tury to issue the Secretary of the Treasury is hereby directed to issue to the State of Florida $300,000 in Florida, upon the application of the Governor of said State, three hundred thousand dollars in treasury notes: Provided, That the said State deposit with the Secretary of the Treasury of the Confederate States an equal sum in the bonds of the State of Florida, authorized to be issued under an ordinance of the Convention of said State, which bonds shall be held by the Secretary of the Treasury until the account of the State of Florida, for advances made for military purposes, is adjusted as Congress may direct. tasury notes. Proviso. APPROVED August 31, 1861. August 31, 1861. CHAP. LXXI.-An Act making an additional appropriation for the payment of Clerks and a Messenger for the Post Office Department, and to authorize the Postmaster General to appoint an additional Messenger for the Post-Office Department. Appropriation The Congress of the Confederate States of America do enact, That for pay of tempo: the sum of five thousand dollars be, and the same is hereby, fary elerks and senger in Post-appropriated out of any money in the treasury not otherwise approOffice Department, priated, for the payment of such temporary clerks as the Postmaster for the year ending General may appoint for the Post-Office Department, and for the Feb. 18, 1862. payment of an additional messenger for the Post-Office Department, for the fiscal year ending February eighteenth, eighteen hundred and sixty Additional mes two. SEC. 2. Be it further enacted, That the Postmaster General be, and oger may be ap- he is hereby authorized to appoint an additional messenger for the PostEnted. Compen- Office Department, whose compensation shall not exceed four hundred dollars per annum. APPROVED August 31, 1861. August 31, 1861. CHAP. LXXII.—An Act to establish the rates of postage on newspapers and periodicals, sent to dealers therein through the mail, or by express over post routes. 012 newspapers, F.ates of postage The Congress of the Confederate States of America do enact, That &, sent to deal persons engaged as dealers in newspapers and periodicals may receive by mail any quantity of such papers and periodicals as they may order, on the payment at the place of delivery, of the same rate of postage as ors therein. |