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A^N ACT 
 
 FOR THE 
 
 SEQUESTRATION 
 
 PROPERTY OF ALIEN ENEMIES. 
 
 ADOPTED AUGUST 30, 1861 
 
 RICHMOND: 
 
 TYLER, WISE, ALLEGRE & SMITH. 
 ENQUIRER BOOK AND JOB OFFICE. 
 
 1861. 
 

No. 269.] AN ACT 
 
 For the Sequestration of the Estates, Property and Effects 
 of alien 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 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 measures of retaliation 
 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 inter- 
 est therein held, owned, possessed or enjoyed by or for any 
 alien enemy since the twenty-first day of May, one thou- 
 sand 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 Confede- 
 rate States of America, and shall be held for the full indem- 
 nity of any true and loyal citizen or resident of these Con- 
 federate States, or other person aiding said Confederate States 
 in the prosecution of the present war between said Confed- 
 erate 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, 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 
 
 t+5tfcS 
 
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 be- 
 came a member of this Confederacy, and not before : Pro- 
 vided, further, That the provisions of the Act shall not ex- 
 tend to the stocks or other public securities of the Confederate 
 Government, or of any of the States of this Confederacy 
 held or owned by any alien enemy, or to any debt, obliga- 
 tion, 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 pro- 
 perty of citizens or residents of either of the States of 
 Delaware, Maryland, Kentucky or Missouri, or of the Dis- 
 trict of Columbia, or the territories of New Mexico, Arizona, 
 or the Indian Territory South of Kansas, except such of 
 said citizens or residents as shall commit actual hostilities 
 against the Conlederate States, or aid and abet the United 
 States in the existing war against the Confederate States. 
 
 Sec 2. And be it further enacted, That it is, and shall be, 
 the duty of each and every citizen of these Confederate 
 States speedily to give information to the officers charged 
 with the execution of this law of any and 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 attorney, agent, former partner, trustee or other per- 
 son holding or controlling any such lands, tenements or 
 hereditaments, goods or chattels, rights or credits, or any 
 interest therein, of or for any such alien enemy, speedily 
 to inform the Receiver 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 effecU so reported and 
 turned over. And any such person wilfully 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 said Confede- 
 rate States, and subjected 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 enquire and report all lands, 
 tenements and hereditaments, goods and chattels, rights and 
 credits, and every interest therein, within the jurisdiction 
 of said Grand Jury, held by or for any alien enemy, and 
 it shall be the duty of the several Receivers, appointed 
 under this Act, to take a copy of every such report, and to 
 proceed in obtaining the possession and control of all such 
 property and effects reported, and to institute proceedings 
 for the sequestration thereof in the manner hereinafter pro- 
 vided. 
 
 Sec. 5. Be it further enacted, That each Judge of this 
 Confederacy shall as early as practicable, appoint a Re- 
 ceiver for each section ot 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 pre- 
 scribed by the Judge, with good and sufficient security, to 
 be approved by the Judge, conditioned that he will dili- 
 gently 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 he is ap- 
 pointed, and shall be removed for incompetency, or ineffi- 
 ciency, or infidelity in the discharge of his trust. And 
 should the duties of any such Receiver, at any time, appear 
 to the Judge to be greater than can be 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, dili- 
 gently, well and truly to execute the duties of his office. 
 
 Sec 6. Be it further enacted, That it shall be the duty of 
 the several Receivers aforesaid to take the possession, con- 
 trol and management of all lands, tenements and heredita- 
 ments, goods and chattels, rights and credits of each and 
 every alien enemy within the section for which he acts. 
 And to this end he is empowered and required, whenever 
 necessary for accomplishing the purposes of this Act, to sue 
 
 3 1*>S> 
 
6 
 
 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 
 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 of 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, exer- 
 cising supervision over, in possession of or controlling the 
 same, as the case may be, and praying a sequestration 
 thereof. Notice shall thereupon be forthwith 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 process in law cases ; whereupon the c*use shall be 
 docketed and stand for trial in the court according to the 
 usual course of its business, and the court or Judge shall, 
 at any time, make all orders of seizure that may seem neces- 
 sary to secure the subject matter of the suit from danger of 
 loss, injury, destruction or waste, and may, pending 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 : Provided, 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 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 es- 
 tate and slaves were seized, requiring in every such case 
 such security for the safe-keeping of the property and cre- 
 dits 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 dividends due or which may be 
 due thereon, or to rents on real estate in cities. And no 
 debtor or other person shall be entitled to the benefit of this 
 proviso unless he has first paid into the hands of the Re- 
 ceiver all interests or net profits, which may have accrued 
 since the twenty-first May, eighteen hundred and sixty-one ; 
 and, in all cases coming under this proviso, such debtor 
 shall be bound to pay over annually to the Receiver all in- 
 terest which may accrue as the same falls due ; and the per- 
 
son in whose hands any other property may be left shall be 
 bound to account for, and pay over annually to the Receiver, 
 the net income or profits 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 pro- 
 perty : Provided, further, That said court may, whenever in 
 the opinion of the Judge thereof the public exigencies may 
 require it, order the money due as aforesaid to be demanded 
 by the Receiver, and if upon demand of the Receiver, made 
 in conformity to a decretal order of the court requiring said 
 Receiver to collect any debts for the payment of which se- 
 curity may have been given under the provisions of 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, of a motion to be made in said 
 court for judgment for the amount so secured, said court, at 
 the next term thereof, may proceed to render judgment 
 against said principal and security, or against the party 
 served with such notice, for the sum so secured with inte- 
 rest 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 of any such suit, or claiming any interest 
 therein, may, by order of the court, be admitted as a defen- 
 dant 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 alien enemy has any interest in 
 the right which he asserts, or for which he litigates, either 
 directly or indirectly, by trust, open or secret, and that he 
 litigates solely for himself, or for some citizen of the Confed- 
 erate States whom he legally represents; and when the 
 defence is conducted for or on 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 defendant bears 
 to him in the litigation. If the cause involves matter which 
 
8 
 
 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, com- 
 manding them to appear at the then sitting, or at any fu- 
 ture term of the court, and to answer under oath what pro- 
 perty 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 the court 
 .shall have power to condemn the property or effects, or debts, 
 according to the answer, and to make such rules and orders 
 for the bringing in of third persons claiming or disclosed by 
 the answer to have an interest in the litigation as to it shall 
 seem proper ; but in no case shall any one be heard in respect 
 thereto until he shall, by sworn plea, set forth substantially 
 the matters before required of parties pleading. And the 
 decree or judgment of the court, rendered in conformity to 
 this act, shall forever protect the garnishee in respect to the 
 matter involved. And in all cases of garnishment under 
 this 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 untrue, 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 garnishee, 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 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 shall receive as a compen- 
 sation therefor two per cent, upon and from the fruits of all 
 litigation instituted under this act : Provided, That no mat- 
 ter 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 Receiver ap- 
 pointed 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 his hands or 
 under his control under the law, and shall make and state just 
 and perfect accounts and settlements under oath of his col- 
 lections of monies and disbursements under this law, stat- 
 ing accounts and making settlements of all matters' sepa- 
 rately, in the same way as if he were administrator of sev- 
 eral estates of deceased persons by separate appointments. 
 And the settlements 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 preserved 
 separately. No settlement as above provided shall, how- 
 ever, be made until judgment or decree of sequestration 
 shall have passed, but the court may at any time pending 
 litigation, require an account 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 settlement and notice 
 thereof shall be published consecutively for four weeks in 
 some newspaper near the place of holding the 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 said District Attorney to attend the settlement and 
 represent the Government and to see that a full, true and 
 just settlement is made. The several settlements preceding 
 the final one shall be interlocutory only, and may be im- 
 peached at the final settlements, which latter shall be con- 
 clusive, unless reversed or impeached within two years for 
 fraud. 
 
10 
 
 Sec. 12. Be it further enacted, That the Court having 
 jurisdiction of the matter shall, whenever sufficient cause is 
 shown therefor, direct the sale of any personal property, 
 other than slaves, sequestered under this act, on such terms 
 as to it shall seem hest, and such sale shall pass the title 
 of the person as whose property the same has been seques- 
 tered. 
 
 Sec 13. All settlements of accounts of receivers for se- 
 questered property shall be recorded and a copy thereof 
 shall be forwarded by the clerk of the Court to the Trea- 
 surer 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 Re- 
 ceiver for five days to pay over the same, execution shall 
 issue therefor, and he shall be liable to attachment by the 
 Court and to suit upon his bond. And any one embezzling 
 any money under this Act shall be liable to indictment, 
 and on conviction shall be confined at hard labor for 
 not less than six months nor more than five years, in the 
 discretion of the Court, and fined in double the amount em- 
 bezzled. 
 
 Sec 14. Be it further enacted, That the President of the 
 Confederate States, shall, by and with the advice and con- 
 sent of Congress, or of the Senate, if the appointment be 
 made under the permanent Government, appoint three dis- 
 creet 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 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 against 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 when- 
 ever Congress shall pass the claim, the same shall be paid from 
 
11 
 
 any money in the Treasury derived from sequestration un- 
 der this act: Provided, That said Board of Commissioner? 
 shall not continue beyond the organization of the Court of 
 Claims, provided for by the Constitution ; to which Court of 
 Claims the duties herein provided to be discharged by Com- 
 missioners 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 assistant to re- 
 present the interests 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 settling accounts with 
 Receivers, shall make to them proper allowances of com- 
 pensation, taking two and a half per cent, on receipts, and 
 the same amount on expenditures, as reasonable compensa- 
 tion, 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, exceeding five thousand dollars, shall 
 be paid into the Confederate Treasury, for the use of tha 
 Confederacy. 
 
 Sec. 16. Be it further enacted, That the Attorney-Gene- 
 ral 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 includes all private corporations ; and in all 
 cases, when corporations become parties, and this law re- 
 quires an oath to be made, it shall be made by some officer 
 of such corporation. 
 
 Sec 19. Be it further enacted, That the courts are vested 
 with jurisdiction, and required by this Act, to settle all 
 partnerships heretofore existing between a citizen and one: 
 who is ah alien enemy; to separate the interest of the alien 
 enemy, and to sequestrate it. And shall, also, sever all 
 
12 
 
 joint rights when an alien enemy is concerned, and seques- 
 trate the interest of such alien enemy. 
 
 Sec. 20. Be it further enacted, That in all cases of admin- 
 istration 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 fore- 
 going provisions, as to it shall seem proper. And the Re- 
 ceiver may, at any time, ask and have the instructions of 
 the court, or Judge, respecting his conduct in the disposi- 
 tion or management of any property, or effects under his 
 control. 
 
 Sec 21. That the Treasury Notes of this Confederacy, 
 :shall be receivable in payment of all purchases 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 resident of either of 
 the Confederate States, or of any other person, a citizen 
 •or resident, of any country, State, or Territory, with which 
 this Confederacy is in friendship, and which person is not 
 in actual hostility to this Confederacy. And any lien or 
 debt claimed against any alien enemy, within the meaning 
 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 
 Z^ to be made and notices to be given, and shall hear and de- 
 termine the respective rights of all parties concerned : Pro- 
 vided, however, That no sales or payments over of money 
 shall be delayed for, or by reason of, such rights op proceed- 
 ings ; but any money realized by the Receiver, whether paid 
 into the court, or Treasury, or still in the Receivers' hands, 
 shall stand in lieu of that which produced said money, and 
 be held to answer 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 
 twelvemonths as aforesaid, shall cease to to exist against tha* 
 estate, property, or effects sequestrated, or the proceeds 
 thereof. 
 
 Approved August 30, 1861. 
 
DEPARTMENT OF JUSTICE, 
 
 Richmond, 12th September, 1861. 
 
 Instructions to Receivers under the Act entitled " An Act 
 for the Sequestration of the Estates, property and Effects 
 of Alien Enemies, and for the indemnity of citizens of 
 the Confederate States, and persons aiding the same in the 
 existing war against the United States." — Approved Si)th 
 August, 1861. 
 
 I. The following persons are subject to the operation of 
 the law as Alien Enemies : 
 
 1st. All citizens of the United States, except citizens or 
 residents of Delaware, Maryland, Kentucky or Missouri, or 
 the District of Columbia, or the Territories of New Mexico, 
 Arizona, or the Indian Territory South of Kansas. * 
 
 2nd. All persons who have a domicil within the States with 
 which this Government is at war, no matter whether they be 
 citizens or not: Thus the subjects of great Britain, France 
 or other neutral nations, who have a domicil, or are carrying 
 on business or traffic within the States at war with this Con- 
 federacy are alien Enemies under the law. 
 
 3rd. All such citizens or residents of the States of Dela- 
 ware, Maryland, Kentucky or Missouri, and of the Territo- 
 ries of New Mexico, Arizona and the Indian Territory south 
 of Kansas, and of the District of Columbia, as shall commit 
 actual hostilities against the Confederate States, or aid, or 
 abet the United States in the existing war against the Con- 
 federate States. 
 
 II. Immediately after taking your oath of office, you will 
 take possession of all the property of every nature and kind 
 whatsoever within your District belonging to alien Enemies 
 as above defined. 
 
 III. You will forthwith apply to the Clerk of the Court 
 for Writs of Garnishment under the 8th Section of the law, 
 and will propound to the Garnishees the interrogatories of 
 which a form is annexed. — These interrogatories you will 
 propound to the following persons, viz : 
 
 1st. All Attorneys and Counsellors practicing law within 
 your District. 
 
 2nd. The Presidents and Cashiers of all Banks, and prin- 
 
14 
 
 cipal administrative officers of all Rail Road and other cor- 
 porations within your District. 
 
 3rd. All Agents of Foreign Corporations, Insurance 
 Agents, Commission Merchants engaged in foreign trade, 
 Agents of Foreign Mercantile Houses, Dealers in Bills of 
 Exchange, Executors and Administrators of Estates, As- 
 signees and Syndics of Insolvent Estates, Trustees, and gen- 
 erally all persons who are known to do business as Agents 
 for others. 
 
 IV. In the first week of each month, you will exhibit to the 
 Judge, a statement showing the whole amount of money in 
 your hands as Receiver, and deposit the same for safe keep- 
 ing, in such bank or other depository as may be selected for 
 that purpose by the Judge — reserving only such amount as 
 may be required for immediate necessary expenditure in the 
 discharge of your duties as Receivers. 
 
 Y. You are strictly prohibited from making personal use 
 in any manner whatever, or investing in any kind of property, 
 or loarilng with or without interest, or exchanging for other 
 funds, without leave of the Court, any money or funds of any 
 kind received by you in your official capacity. 
 
 VI. You are prohibited from employing, except at your 
 own personal expense, any Attorney or Counsellor to aid 
 you in the discharge of your duties, other than the District 
 Attorney of the Confederate States for your District : and 
 you are instructed to invoke his aid under the 9th Section 
 of the law, in all matters of litigation that may arise under 
 the law. 
 
 VII. You will take special care to avoid the loss or dete- 
 rioration of all personal property perishable in its nature, 
 by applying for the sale thereof under the provisions of the 
 12th Section of the law. 
 
 VIII. You will keep an account, showing exactly all sums 
 received by you as allowances of compensation under the 
 fifteenth Section of the law, setting forth the date and 
 amount of each receipt of such sums: and as soon as the 
 amount received by you, in any one year, shall reach the 
 gum of five thousand dollars, you will pay over to the As- 
 sistant Treasurer of the Confederate States, most convenient 
 to your domicil, all further sums allowed you as compensa- 
 sation, taking duplicate receipts therefor, one to be retained 
 as a voucher by yourself, and the other to be forwarded by 
 niail to the Secretary of the Treasury 
 
 IX. Whenever, in the discharge of your duties, you dis- 
 
15 
 
 cover that any attorney, agent, former partner, trustee or 
 other person holding or controlling any property, rights or 
 credits of an alien Enemy has wilfully f tiled to give you in- 
 formation of the same, you will immediately report the met 
 to the District Attorney for your District, to the end that 
 the guilty party may be subjected to the pains and penalties 
 prescribed by the 3d Section of the law. 
 
 J. P. BENJAMIN, Attorney General 
 
 The following interrogatories to garnishees have been pre- 
 pared for your use, together with a note annexed for the in- 
 formation of the garnishee. 
 
 1. Have you now, or have you had in your possession or 
 under your control since the twenty-first day of May last, 
 (1861,) aid if yea, at what time, any land or lands, tene- 
 ment or tenements, hereditament or hereditaments, chattel or 
 chattels, right or rights, credit or credits within the Confed- 
 erate States of America held, owned, possessed or enjoyed 
 for or by an alien Enemy: or in or to which any alien Ene- 
 my had, and when, since that time, any right, title or inter- 
 est, either directly or indirectly ? 
 
 2. If you answer any part of the foregoing interrogatory 
 in the affirmative, then set forth specifically and particularly 
 a description of such property, right, title, credit or inter- 
 est, and if you have disposed of it in whole or in part, or of 
 the profit or rent or interest accruing therefrom, then state 
 when you made such disposition, and to whom : and where 
 such property now is and by whom held ? 
 
 3. Were you since the twenty-first day of May, 1861, and 
 if yea, at what time, indebted either directly or indirectly, to 
 any alien Enemy or alien Enemies ? If yea, state the amount 
 of such indebtedness if one, and of each indebtedness if 
 more than one ; Give the name or names of the creditor or 
 creditors, and the place or places of residence, and state 
 whether, and to what extent, such debt or debts have been 
 discharged, and, also, the time and manner of the discharge. 
 
 4. Do you know of any land or lan^s, tenement or tene- 
 ments, hereditament or hereditaments, chattel or chattels, 
 right or rights, credit or credits, within the'C on federate States 
 of America, or any right or interest held, owned, possessed or 
 enjoyed directly or indirectly by or for one., or more alien 
 enemies since the twenty-first day of May, 1861, or in or 
 to which any one or more alien enemies had since that time 
 any claim, title, or interest direct or indirect ? If yea, set 
 
16 
 
 forth specifically and particularly what and where the pro- 
 perty is, and the name and residence of the holder, debtor, 
 trustee or agent. 
 
 5. State all else that you know which may aid in carrying 
 into full effect the Sequestration Act of the 30th August, 
 1861, and state the same as fully and particularly as if 
 thereunto specially interrogated. 
 
 A. B., Receive?*. 
 
 Kote. — The Garnishee in the foregoing interrogatories is 
 specially warned, that the Sequestration Act makes it the 
 duty of each and every citizen to give the information asked 
 in said interrogatories. [Act of 30th August, 1861, Sec- 
 tion 2.] 
 
 And if any attorney, agent, former partner, trustee or 
 other person holding or controlling any property or interest 
 therein of or for any alien Enemy shall fail speedily to in- 
 form the Receiver of the same, and to render him an ac- 
 count of such property or interest, he shall be guilty of a 
 high misdemeanor, and, upon* conviction, shall be fined in a 
 sum not exceeding five thousand dollars, and imprisoned not 
 longer than six months, and be liable to pay besides to the Con-, 
 federate States, double the value of the property or interest of 
 the alien Enemies so held or subject to his control. [Sec. 3.] 
 
 The Attorney General has also prescribed the following 
 rule of practice for the Courts, by virtue of the authority 
 vested in him under the 16th Section of the law: 
 
 RULE. 
 
 Garnishees, to whom written or printed interrogatories are 
 addressed, may make appearance by filing written answers, 
 sworn to before a Justice of the Peace or other competent 
 officer, unless specially ordered by the Court to appear in 
 person. 
 
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