cr control of prop

ceeded against for

contempt.

SEC. 3. Be it further enacted, That it shall be the duty of every Duty of persons person in actual possession of, or having under his control, any money, in the possession property, effects or evidences of debt, belonging to an alien enemy; erty of alien enespeedily to inform the receiver, and to render an account thereof, and at mies. once to pay over to the receiver and to deliver to him such property and effects, and evidences of debt, and such payment and delivery shall be made without regard to whether any proceedings have or have not been instituted to sequestrate the same. And any person who, after giving When such persuch information, shall fail so to pay over and deliver on demand, made sons may be proby the receiver, shall stand in contempt, and the receiver shall at once move the court or judge to proceed against such party as in other cases of contempt; and the court or judge may imprison the offender until he shall fully comply with the requirements of this act. And such payment or delivery shall fully acquit and discharge the party from all and every claim for or on account of such money, property, effects and evidences of debt. And the receiver shall give such person a receipt, speci- Receiver to give fying the amount of money, the property, effects and evidences of debt receipts for money, property, &c, paid paid and delivered, and the name of the alien enemy on account of whom and delivered. the same shall be paid and delivered: Provided, That when the person Proceedings having the possession or control of any money of an alien enemy, asserts where such persons a debt or claim, against such alien enemy in his own favor, he may file it in writing in the proper court, swearing that he believes himself justly enemies. entitled to the same, and thereupon he shall not be compelled, in the first instance, to pay over to the receiver the amount thus propounded and claimed by him; but the court shall then proceed to examine and try the validity of the said debt or claim, and decree according to the facts found, and the rights and justice of the case. And if the court decides against the debt or claim, the party setting up the same shall forthwith pay over the sum sɔ retained by him. And if the court shall decree in favor of the debt or claim thus propounded, and it exceeds the entire amount originally in possession of such debtor or claimant, he shall pay no costs; otherwise he shall pay all costs incident to the proceedings.

assert claims against such alien

to, or transfers of property by alien

SEC. 4. This act, and the act to which it is an amendment, shall not Act not to avoid operate to avoid any payment, bona fide made to an alien enemy, or to certain payments affect property of any kind, bona fide and absolutely transferred, or conveyed, by any alien enemy to a faithful citizen of the Confederate States, enemies to citizens. prior to the thirtieth day of August, eighteen hundred and sixty-one.

ners to be dealt

SEC. 5. In cases of partnership property and effects, the resident Resident partpartner, or partners, shall be dealt with in all respects as surviving part- with as surviving ners in cases of a dissolution of partnership by the death of one or more partners. of the partners, according to the laws of the place of the principal place of business of the partnership; and the receiver shall have the same remedies against such resident partners as the representatives of a deceased partner would be entitled to in like case.

SEC. 6. The following persons shall not be taken to be alien enemies Who not to be under this act, or the act to which this is an amendment:

First. Persons who now have bona fide become permanent residents of any State of this Confederacy, and are actually residing and domiciled within the same, yielding and acknowledging allegiance thereto, and who have not, during the present war, voluntarily contributed to the cause of the enemy.

Second. All persons born within any State of this Confederacy, or natives of a neutral country, who since the breaking out of the war, have abandoned their domicils and ceased their business in the enemy's country, and all persons aforesaid who have bona fide commenced, or attempted to remove themselves and effects from the enemy's country,

taken as alien enemies.

When property of alien enemies may be decreed to

and who have been, and still are prevented from completing said removal by the force or power of the enemy, or who from physical infirmity are incapable of removing.

Third. All subjects or citizens of neutral countries who cannot be shown to have voluntarily contributed to the cause of the enemy, and all persons who, though citizens of the enemy's country, have abandoned that country on account of their opposition to the war, or sympathy for the people of the Confederate States.

Fourth. All married women natives of any State of this Confederacy who, or whose husbands shall not be shown to have voluntarily contrib uted to the cause of the enemy. All persons non compos mentis, and all minors whose fathers or mothers, were, or are, natives of this Confederacy and whose property and persons are controlled by guardians resident in the Confederate States, and who have not voluntarily contributed to the enemy's cause; and all minors under the age of sixteen years, who were born in any State of this Confederacy, or in any State exempted from the operations of this act while their parents were domiciled in such State and who have not taken up arms against the Confederate States.

Fifth. Free persons of color, who, by the laws of any State have been compelled to remove beyond the limits thereof, and are by law prohibited from returning to such State, and who have not in anywise aided the

enemy.

of

SEC. 7. The next of kin in the direct ascending and descending lines alien any enemy, faithful citizens of any of the Confederate States, their next of kin. or engaged in their military or naval service shall be entitled to have decreed them (they paying all costs) the property, effects and credits of such alien enemy as if dead, intestate, leaving no other heirs or disWith what debts tributees, chargeable, however, in their hands, as in case of administrachargeable in their tion or heirship, with the debts of such alien enemies due to faithful citizens of any Confederate State.

hands.

Sales of property by receivers.

SEC. 8. All sales of property under this act shall be made by the receivers at public auction to the highest bidder and on such terms and such notice of the time and place of sale as the court may prescribe, and Report to court. shall be duly reported to the court by such receivers at the term next Conveyance of after such sale; but no conveyance of title shall be made to the purtitle to purchaser. chaser of the property until the confirmation of the sale by the court and the payment of the purchase money according to the terms of the sale; When sale may and no sale shall be valid until reported to, and confirmed by the court; When set aside for nor shall any sale be confirmed until the terms shall have been complied with; and the court may set aside such sale for fraud, want of proper notice, or any material irregularity, or where it shall appear that the receiver was the purchaser or interested in the purchase, or for substantial inadequacy of price: Provided, however, That sales of personalty may be reported to, and confirmed by the judge in vacation.

be confirmed.

fraud, &c.

Proviso.

When sale of

delayed by the court.

SEC. 9. The court may, in its discretion, when special circumstances property may be exist which temporarily depress the value of the property, delay the order of sale, or may direct the receiver to examine and report whether it would be expedient to make an immediate sale of such property, and on such report, or other satisfactory evidence, showing that a delay in the sale would tend to secure a fairer price, may order such sale to be delayed, and in all such cases the court may, in the case of real estate, or of a plantation and slaves, order the receiver to lease the same on such terms as the court may prescribe.

Court may order receiver to lease

real estate, &c. Where an alien enemy contracted

SEC. 10. In cases where an alien enemy may have contracted in writing, before the twenty-first day of May, eighteen hundred and sixty-one, to May 21, 1861, to sell real estate to a citizen, or citizens, of this Confederacy, and to make title

in writing, before

to decres that

upon payment of the purchase money, the court, in decreeing sequestra-s real estate to tion of the said purchase money, or the residue thereof unpaid, shall a citizen, the court, further decree that the receiver of the district, in which said real estate title be made to the is situate, shall, upon payment of said purchase money, or the residue parchaser or his thereof, as aforesaid, make title for such real estate to the purchaser or astigate. his assignee.

Court to audit, on the

ceivers.

SEC. 11. The court shall audit and pass on the accounts of the receiver as provided in this act, and the one to which this is an amendment; but and pass in lieu of the compensation and allowances therein provided for, shall accounts of reallow such compensation as shall to it seem reasonable and just, follow- Compensation of ing, in this respect, so far as may be applicable, the analogies furnished receivers. by the laws of the State in which the court is held, concerning compensation to executors, administrators and trustses; and the court shall further allow to the receiver all proper expenses attending the execution

allowances.

Excess over cer

of his office. And all fees and allowances passed by the court in favor Their fees and of any receiver may be retained by him from any money in his hands; and all fees and allowances to any receiver beyond the rate of five thousand dollars per annum, except for expenses as aforesaid, shall be forth-ain amount to be with paid by him into the Confederate Treasury, to the use of the Con- sury. federate States, and shall be brought into, and stated and accounted for in his next account of settlement as receiver.

paid into the Trea

section: His duties

SEC. 12. The court shall appoint an attorney for each section in which Appointment of the court shall be holden, and in which no attorney of the Confederate attorney for each States resides, whose duties it shall be to discharge, within said section, the duties imposed on the attorney of the district by the act to which this is amendatory; and the compensation of such attorney so appointed shall be the same for business by him done as is now provided by ninth section of said act for the district attorney.

Compensation.

money,

property, &o.

the

SEC. 13. The receiver shall, in all cases, take the possession and control Receivers to take of the money, property and effects of alien enemies, and of such choses in possessi nande naction as shall be in the hands of any agent or third person, except when trof otherwise provided by this act, and, on being refused possession, shall sue May sue for the for the same, and such possession shall not be withheld on any pretext of salic. any provisions of the act to which this is amendatory. The court may Under what cirorder a delay in the sale of property when it shall be necessary to com- court may defer the plete or gather a growing crop, or when it shall be otherwise manifestly to sale of property. the benefit of the Confederate States to delay the sale; but in all such cases the possession, control and management shall be with the receiver, or under his control and authority. And in the collection of debts or Stato stay laws choses in action, no State stay law shall govern, but the same shall be gov- not to govern in erned by this act, and the one to which this is an amendment, so far as the the collection of latter does not conflict with this act.

debts.

Ines to give infor

coiver.

to the re

SEC. 14. It shall be the duty of all persons owing debts to alien enemies, Persons owing within three months from the passage of this act, to give information debts to alien enethereof to the receiver of the district in which he or they reside, and in mation there. f in ease of corporations or joint stock companies, to the receiver of the dis- writing, under trict in which the principal office of business of such corporation or com- oath, pany may be; and such information shall be in writing and sworn to by the debtor, and in case of corporations or joint stock companies, by the principal officer of such corporotion or company, before any judge of a court of record, justice of the peace, notary public, commissioner of the court or receiver under the act to which this is an amendment, and shall set forth the name or names of the creditor or owner of such debt, the amount he owes or owed on the thirtieth day of August, eighteen hundred and sixty-one, and whether the same is, or has been, secured by mortgage or otherwise; and the information or confession so made shall be filed by the receiver in the proper court of the Confederate States, and such court er court.

Information to be filed in theprop

Sequestration of shall, on such information, proceed to decree sequestration and payment of the debts confessed. the debt or debts so confessed; and in case any debtor shall, in good faith, confess his indebtedness as aforesaid, but shall be unable to state the true When the court amount of his indebtedness, or shall be in doubt whether the creditor or

ascertain the char

cdness.

shall proceed to owner of the debt is an alien enemy, the court shall proceed to ascertain acter of the credi- the character of the creditor or owner, and the true amount of such tor and the true indebtedness, and to that end shall direct such proceedings as shall be amount of indebt- adapted to the nature of the case, and decree according to the facts found. Debtor allowed And in all proceedings against persons for debts due by them to alien eneto make any de- mies, the debtor shall be allowed to make any defence, in law or equity, fence, in law or which he might or could have made in a suit brought against him by the Execution on creditor to whom such debt was due: Provided, however, That no execudecree to issue only tion shall issue on such decree, except for the interest which shall accrue for the interest. on the same at the end of each year, until twelve months after peace shall May issue for costs. be declared between the Confederate States and the United States, or until otherwise directed by law: And provided, moreover, That execution may The cost to be issue for the costs of the proceeding, and the sum so collected for costs principal sum due shall be deducted from the principal sum due.

equity.

deducted from the

Duty of receiv

collect the debts

questrate the same

Nature of the proceedings.

the writ.

SEC. 15. The receivers appointed under this act, or the act to which this ers to ascertain and is an amendment, shall proceed diligently to ascertain and collect the debts due to alien ene- due to alien enemies by persons residing in the districts for which they are mies, and institute severally appointed, and shall, on the discovery of any such debts, and after proces dings to se- the expiration of three months from the passage of this act, and the debtor shall have failed to give information of such debt, proceed to institute proceedings to sequestrate the same, and in such proceeding, which shall be by petition, as prescribed by said act, to which this is an amendment, and shall be to sequestrate the debt, as well as to ascertain the sum due by the debtor, such debtor shall be made defendant or respondent, as the case may be, and the process to bring such debtor before the court, or to compel an Writs of garnish- answer, shall be in the nature of the writ of garnishment as prescribed in ment. Service of said act, which shall be served on such debtor; and in case of corpora tions and joint stock companies, on some member or officer of such corAnswer of the poration or company; and shall require the defendant to answer on oath defendant; what whether he is indebted to any alien enemy, or was so indebted on the thirtieth day of August, eighteen hundred and sixty-one, in what sum, and whether he knows of any other person or persons so indebted, and, on the disclosure by the defendant of such indebtedness by other persons, like proceedings shall be had as in the original cause; and in case the defendant shall suggest in his answer that the debt due by him or her is claimed or owned by any person not an alien enemy, setting forth the name of such Citation to issue claimant, his place of abode, citation shall issue to such claimant to appear and propound his claim on oath at the succeeding term of the court; and in case he is absent from the district in which the court is held, or cannot Order of publi- be found, publication shall be made for the space of one month in some newspaper best calculated to apprise such claimant to appear and propound Claimant failing his claim; and if such claimant shall fail to appear, his claim shall be to appear, &c. barred. On the appearance of the claimant, the court shall direct an issue Issue to try the to try the same, and shall award the costs against the claimant if the claim be unfounded: Provided, That the entire answer shall be considered by the court.

to set forth.

to claimant.

cation.

claim. Proviso.

Proceedings pending under the act of August 30,

SEC. 16. All proceedings now pending under the act to which this act is an amendment, shall be made to conform to the proceedings directed in 1861. to conform this act, so far as practicable, and the judgments rendered therein shall be given in all respects, and have the same operation and effect as judgments rendered under the fourteenth section of this act.

to this act.

Judgments under said act.

Debtors who fail,

SEC. 17. In all proceedings against debtors who fail or refuse to give or refuse to give information of their indebtedness within the time prescribed in this act,

except for interest.

the name of the

C. S. may be in

troduced as a party in suits, &c.

Execution in such cases to issue only for costs, &c.

and the debtor shall be brought before the court by process, the costs of information of the proceeding shall be adjudged against such debtor, in case he is found their indebtedness, to pay the costs of to be indebted to any alien enemy; and if it shall appear to the court, on proceedings the trial of any cause against such recusant debtor, that he has wrongly against them. and wilfully refused or failed to give information of his indebtedness, or to state the true amount thereof, with intent to hinder, evade or delay the execution of this act, or the act to which this is an amendment, or the jury, in any cause or issue tried by them, shall certify that such debtor has wilfully failed or refused to give information of his indebtedness, or the When execution true amount thereof, with the intent aforesaid, the court shall award exemay be awarded cution against such debtor on the decree or judgment for the whole amount against them for of the debt and the interest due thereon, together with the costs; in all the whole amount of the debt, interother cases, however, execution shall be stayed until the peace aforesaid, est and costs. except for interest which shall accrue. SEC. 18. In cases where proceedings shall be instituted to sequestrate In other cases judgments or decrees already rendered, or of claims or debts upon which execution stayed, actions or suits may be pending, the court may, after the decree of seques- Receivers may tration, allow the receiver to prosecute such suit, action, decree or judg- prosecute suits, ment, in the name of the Confederate States of America; and in cases of judgments, &c., in suits or actions pending, or decrees or judgments rendered in the State C. S., after decree courts, where, by the laws of such State, it may be admissible, such of sequestration. receiver may introduce the Confederate States of America in the proceedings as a party to prosecute such suit or action, or enforce such decree or judgment; but in such cases execution shall issue for costs and interest only until further provided by law, or twelve months after the conclusion of peace as aforesaid. SEC. 19. Attorneys, agents or trustees of any alien enemy having claims Claims of attorneys, agents for fees or commission on the fund or assets in their hands, shall, on deliv-trustees of alien ery of such fund or assets to the receiver, make out their accounts for enemies, for fees or such claims or commissions, and the court shall consider and allow the commissions on the same, if just and reasonable, to be paid out of such funds or assets; and hands, may be alwhere counsel are already engaged in prosecuting such pending suits or lowed by the court. actions, the receiver shall be authorized to allow them to continue to prosecute such suits or actions for the Confederate States of America. SEC. 20. The rate of interest to be paid by debtors shall be regulated by the contract, if by the terms thereof the rate of interest shall be fixed, and if no interest shall be fixed by the contract, then the rate shall be according to the law of the place where the debt is to be paid or the contract performed; and the judgment or decree shall bear the same rate of Judgment or deinterest fixed by law or the contract, and the same shall be punctually paid at the end of each year, or execution shall issue for the same. SEC. 21. In no case shall the judgment or decree be a lien on the property of the debtor; but where the court shall award execution under this act, the property of the debtor shall be bound, from the delivery of the writ. SEC. 22. The court, or judge in vacation, shall have power to award Execution may execution on any judgment or decree, in addition to the cases of recusant debtors, where the receiver shall make oath that the debtor is fraudulently concealing or disposing of his effects, with intent to evade concealing or disthe judgment, or is about to remove his effects beyond the jurisdic- posing of his eftion of the court, but such execution shall be discharged on the defen-' dant's giving security to the satisfaction of the court, for the performance or payment of the decree.

or

funds in their

Rate of interest to be paid by debtors.

cree for the same rate.

Judgment or decree to be no lien

on property.

be awarded in vacation where debtor is fraudulently

tects.

SEC. 23. In proceedings under this act, and the act of which it is Process and proamendatory, upon affidavit being made by the attorney representing the ceedings where the Confederate States, or the proper receiver, that the name of an alien enemy is wholly or partly unknown to him, or that the names of the names of the memmembers of a partnership of alien enemies are unknown to him, the bers of a partner

names of an alien enemy, or the