> 
 
 AMENDED 
 
 SEQUESTRATION ACT 
 
 OF 
 
 CONFEDERATE STATES, 
 
 WITH AMENDED 
 
 RULES OF THE CONFEDERATE, COURT. 
 
 FOR THE 
 
 DISTRICT OF SOUTH CAROLINA, 
 
 AND 
 
 AN APPENDIX OF FORMS. 
 
 CHARLESTON : 
 
 PRINTED BY A. J. BURKE, 60 BROAD-STREET. 
 1862. 
 

 ^ 
 
AMENDED 
 
 SEQUESTRATION ACT 
 
 OF/ •• 
 / 
 
 CONFEDERATE STATES, 
 
 WITH AMENDED 
 
 RULES OF THE CONFEDERATE /COURT, 
 
 t 
 
 FOR THE y 
 
 DISTRICT OF SOUTH CAROLINA, 
 
 AN APPENDIX OF FORMS.;, 
 
 
 
 CHARLESTON: 
 
 PRINTED BY A. J. BURKE,' 60 BROAD-STREET, 
 1862. 
 
AMENDED SEQUESTRATION ACT. 
 
 an act;. 
 
 To .alter and amend an Act entftl* ^ 
 tration of the Estates, Property - 
 mies, and. for Indemnity of c 
 States, antf persons a^ing 
 with the'-tFnited States," appro 1 
 thousand 'eight hundred and sixty 
 
 Section 1. 
 ica, do enact, 
 
 r\Act for the Seques- 
 ffects of Alien Ene- 
 Of the Confederate 
 in the existing war 
 August thirtieth, one 
 
 
 The Congress of the 
 That all and every 
 hereditaments, goods and chatt* 
 every right and interest therein e: 
 questration, of which this Act is a 
 shall be collected and sold, as pro \ 
 proceeds paid into the Treasury < 
 but in no case shall a debt, or othc 
 Sec. 2. Be it further enacted, Th 
 this Act, and the Act to which it 
 applied to the equal indemnity of 
 of the Confederate States, or perso 
 present war, who have suffered, or 
 or damage by confiscation, by the ( 
 States, or by any State Govemmei 
 ment, acknowledging and aiding 
 United States in this war, or by su 
 other causes incident to the war, 
 gress, may be described or defin 
 circumstances, proper cases for ind 
 realized as aforesaid, shall be paid 
 
 Confederate States, as provided by the to which this is 
 an amendment; and the faith of the Con. ..orate States is 
 hereby pledged that the same shall be refin.aed, as required 
 for the purposes aforesaid. And the Secretary of the Trea- 
 
 ie States of Amer- 
 
 Jands, tenements and 
 
 and credits, and 
 
 d by said Act of Se- 
 
 tion and amendment, 
 
 in this Act, and the 
 
 Confederate States ; 
 
 in action, be sold. 
 
 onies realized under 
 
 menclment, shall be 
 
 ''sons, loyal citizens 
 
 ig the same in the 
 
 ireaffcer suffer, loss 
 
 lent of the United 
 
 retended Govern- 
 
 f wernment of the 
 
 of the enemy, or 
 
 cure Act of Con- 
 
 fbrding under the 
 
 ■$>. * And all money 
 
 to t Treasury of said 
 
 !■ 
 
sury shall cause a separate account of said money to be kept 
 in well bound books p Mined for that purpose. 
 
 Sec. 3. Be it fuHh r enccfed, That it shall be the duty of 
 every person in acti. possession* of, or having under his 
 control, any money property, effects or evidences of debt, 
 belonging to an alien enemy, speedily to inform the Receiver, 
 and to render an acc< »nt thereof, and at once to pay over to 
 the Receiver and to [iver to him such property and effects, 
 and evidences of del l and such payment and delivery shall 
 be made without re. d to whether any proceedings have or 
 have not been insti 1 to sequestrate the same. And any 
 person who, after Zing such information, shall fail so to 
 pay over and delivc 1 3 ^mancl, made by the Receiver, shall 
 stand in contempt. ( R ceiver shall at once move the 
 
 Court or Judge to frr gainst such party as in other 
 
 cases of contempt : 'line Court or Judge may imprison 
 the offender until h ill fully comply with the requirements 
 
 of this Act. 
 
 and discharge 
 
 And s 
 the 
 account of such n\< 
 debt. And the Re< 
 specifying the a. 
 evidences of debt 
 alien enemy on act 
 delivered. Prod 
 session or control o 
 a, debt or claim, 
 he may file it in wi 
 he believes hknsel 
 upon he shall no' 
 over to the Receh 
 ed by him ; but 1 
 try the validity o 
 ing to the facts ft 
 And if the Court 
 setting up the £ 
 tained by him. 
 the debt or claim n 
 amount originally ii 
 he shall pay no c ■ -t 
 dent to the procc 
 Sec. 4. This, 
 ment, shall not 
 
 t or delivery shall fully acquit 
 all and every claim for or on 
 property, effects and evidences of 
 shall give such person a receipt, 
 money, the property, effects and 
 d delivered, and the name of the 
 ,vhom the same shall be paid and 
 t when the person having the pos- 
 .oney of an alien enemy, asserts 
 uch alien enemy in his own favor, 
 the proper Court, swearing that 
 entitled to the same, and there- 
 celled, in tne first instance, to pay 
 nount thus propounded and claim- 
 shall then proceed to examine and 
 debt or claim, and decree accord- 
 le rights and justice of the case. 
 linst the debt or claim, the party 
 forthwith pay over the sum so re- 
 lf the Court shall decree in favor of 
 propounded, and it exceeds the entire 
 i ii.^ possession of such debtor or claimant, 
 ; otherwise he shall pay all costs inci- 
 ngs. 
 ;t, and the Act to which it is an amend- 
 c aerate to avoid any payment, bona fide made 
 
 to an alien enerr , or to affect property of any kind, bona fide 
 and absolutely ti ansferred, or conveved, by any alien enemy 
 
to a faithful citizen of the Confederate States, prior to the 
 thirtieth day of August, one thousand eight hundred and 
 sixty-one. 
 
 Sec. 5. In cases of partnership property and effects, the 
 resident partner, or partners, shall be dealt with in all res- 
 pects as surviving partners in cases of dissolution of partner- 
 ship by the death of one or more of the partners, according 
 to the laws of the place of the priiu 1 place of business 
 of the partnership ; and the Receive 
 remedies against such resident partner 
 of a deceased partner would be entitle 
 
 Sec. G. The following persons sh'a 
 alien enemies under this Act, or the 
 amendment. 
 
 First. Persons who now have ? 
 residents of any State of this Comer acy, and are actually 
 residing and domiciled within the sam \'ieldin<x and acknowl 
 edging allegiance thereto, and wh 
 paesent war, voluntarily contributed 
 enemy. 
 
 Second. All persons born witlii 
 federacy, or natives of a neutral i 
 breaking out of the war, have aband 
 ceased their business in the enemy's 
 aforesaid who have honaficle coinm* 
 move themselves and effects from 1 
 who have been, and still are prevem 
 removal by the force or power of 
 physical infirmity are incapable of g. 
 
 Third. All subjects or citizens c n< 1 1 al countries who 
 cannot be shown to have voluntarily contributed to the cause 
 of the enemy, and all who, though citi is of the enemy's 
 country, have abandoned that count i account of their 
 
 opposition to the war. or sympathy . 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 contributed to the cause . f the enemy. All 
 persons non compos mentis, and all iniuorb 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 con- 
 tributed to the enemy's cause ; and all minors under the age 
 of sixteen years, who were born in any State of this Con- 
 federacy, or in any State exemped from the operations of 
 
 
 shall have the same 
 s the representatives 
 
 to in like case, 
 not be taken to be 
 
 ct to which this is an 
 
 le become permanent 
 
 ave not, during the 
 to the cause of the 
 
 uy State of this Con- 
 
 mtry, who since the 
 
 ed their domicils and 
 
 ; ltry, and all persons 
 
 1 1, or attemped to re- 
 
 lemy's country, and 
 
 om completing said 
 
 lemy, or who from 
 
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 there- 
 of, and are by law prohibited from returning to such State, 
 and who have not in anywise aided the enemy. 
 
 Sec. 7 The next of kin in the direct ascending and de- 
 scending lines of any alien enemy, faithful citizens of any of 
 the Confederate States, or engaged, in their military or naval 
 service shall bo entithd to have decreed them (they paying 
 all costs) the property., effects and credits of such alien ene- 
 my as if dead, int caving no other heirs or distribu- 
 tees, chargeable, ho •• :\ in their hands, as in case of 
 administration or he Ship, with the debts of such alien 
 enemies due to faithfi I citizens of any Confederate State. 
 
 Sec. 8. All sales I property under this Act shall be 
 made by the Receiver- at public auction to the highest bidder, 
 and on such term- [ such notice of the time and place of 
 sale as the Court mai prescribe, and shall be duly reported 
 to the Court by sue : . Receivers, at the term next after such 
 sale; but no convey; • o of title shall be made *to the pur- 
 chaser- of the proper!, until the confirmation of the sale by 
 the Court, and the payment of the purchase money according 
 to the terms of the .m-- ; and no sale shall be valid until 
 reported to, and c I by the Court ; nor shall any sale 
 
 be confirmed until tl terms shall have been complied with ; 
 and the Court may se aside such sale for fraud, want of proper 
 notice, or any mai rial irregularity, or where it shall appear 
 that the Receiver yas 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. 
 
 Sec. 9. The Cojart may, in its discretion, when special 
 circumstances exist which temporarily depress the value of 
 the property, delay the order of sale, or may direct the Re- 
 ceiver 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. 
 
 Sec. 10. In cases where an alien enemy may have con- 
 
traded in writing, before the twenty-first day of May, eigh- 
 teen hundred and sixty-one, to sell real estate to a citizen, 
 or citizens of this Confederacy, and to make title upon pay- 
 ment of the purchase money, the Court, in decreeing 
 sequestration of the said purchase money, or the residue 
 thereof unpaid, shall further decree that the Receiver of the 
 district, in which said real estate is situate, shall, upon 
 payment of said purchase money, or the residue thereof, as 
 aforesaid, make title for such real estate tq the purchaser or 
 his assignee. 
 
 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 in lieu of the compensation and 
 allowances therein provided for, shall allow such compensa- 
 tion as shall to it seem reasonable and just, following, in this 
 respect, so far as may be applicable, the analogies furnished 
 by the laws of the State in which tho Court is held, concern- 
 ing compensation to executors, administrators and trustees ; 
 and the Court shall further allow to the Receiver all proper 
 expenses attending the execution of his office. And all fees 
 and allowances passed by the Court in favor of any Receiver 
 may be retained by him from any noney 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 with paid by riin into the Confederate 
 Treasury, to the use of the Confederate States, and shall bo 
 brought into, and stated and accounted for, in his next account 
 of settlement as Receiver. 
 
 Sec. 12. The Court shall appoint an attorney for each 
 section in which the Court shall be holden, and in which no 
 attorney of the Confederate 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 ap- 
 pointed shall be the same for business by him done as is now 
 provided by ninth section of said Act for the district attor- 
 ney. 
 
 ^ Sec. 13. The Receiver shall, in all cases, take the posses- 
 sion and control of the money, property and effects of alien 
 enemies, and of such choses in action as shall be in the 
 hands of any agent or third person, except when otherwise 
 provided for by this Act, and on being refused possession, shall 
 sue for the same, and such possession shall not be withheld 
 on any pretext of any provisions of the Act to which this 
 is amendatory. The Court may order a delay in the sale of 
 
of such corporation or 
 Court of record, justice 
 missioner of the Court 
 
 8 
 
 property when it shall be necessary to complete or gather a 
 growing crop, or when it shall be otherwise manifestly to 
 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 author- 
 ity. And in the collection of debts or choses in action, no 
 State stay law shall govern, but the same shall be governed 
 by this Act, and the one to which this is an amendment, so 
 far as the latter does not conflict with this Act. 
 
 Sec. 14. It shall be the duty of all persons owing debts 
 to alien enemies, within three months from the passage of 
 this Act, to give information thereof to the Receiver of the 
 district in which he or they reside, and in case of corpora- 
 tions or joint stock companies, to the Receiver of the dis- 
 trict in which the principal office of business of such cor- 
 poration or company may be ; and such information shall be 
 in writing and sworn to by the debtor, and in case of corpo- 
 rations of joint stock companies, by the principal officer 
 
 company, before any Judge of a 
 of the peace, notary public, com- 
 )t 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 thirteenth day of August, eighteen hundred 
 and sixty-one, and whetlier the same is, or has been, secured 
 by mortgage or otherwise ; and the information or confession 
 so made shall be filed br the Receiver in the proper Court of 
 the Confederate Stated and such court shall, on such infor- 
 mation, proceed to dec/ee sequestration and payment of tho 
 debt or debts so confessed ; and in case any debtor shall, in 
 good faith, confess histndebtedness as aforesaid, but shall bo 
 unable to state the tiiie amount of his indebtedness, or shall 
 be in doubt whether Ijtho creditor or owner of the debt is an 
 alien enemy, the Court shall proceed to ascertain the charac- 
 ter of tho creditor oj owner, and the true amount of such 
 indebtedness, and to tlat end shall direct such proceedings 
 as shall be adopted to (the nature of tho case, and decree ac- 
 cording to the facts found. And in all proceedings against 
 persons for debts due by them to alien enemies, the debtor 
 shall bo allowed to make any defence, hi law or equity, 
 which he might or could have made in a suit brought against 
 him by the creditor to whom such debt was due : Provided, 
 hoivever, That no execution shall issue on such decree, except 
 for the interest which shail accrue on the same at the end of 
 each year, until twelve months after peace shall bo declared 
 
between the Confederate States and the United States, or 
 until otherwise directed by law : And provided, moreover ; 
 That execution may issue for the costs of the proceeding, 
 and the sum so collected for costs shall be deducted from the 
 principal sum due. 
 
 Sec. 15. The Receivers appointed under this Act, or the 
 Act to which this is an amendment, shall proceed diligently 
 to ascertain and collect the debts due to alien enemies by 
 persons residing in the districts for which they are severally 
 appointed, and shall, on the discovery of any such debts, 
 and after the expiration of three~nionths 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, sucli delator shall be made defen- 
 dant or respondent, as the case may be, and the process to 
 bring such debtor before the Court, or to compel an answer, 
 shall be in the nature of the Writ of Garnishment as pres- 
 cribed in said Act, which shall be served on such debtor ; 
 and in case of corporations and joint stock companies, on 
 some member or officer of such corporation or company ; 
 and shall require the defendant to answer on oath whether 
 he is indebted to an alien enemy, or was so indebted on the 
 thirtieth day of August, eighteen hundred and sixty-one, in 
 what sum, and whether ho 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, set- 
 ting forth the name of such claimant, and 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 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 his claim ; 
 and if such claimant shall fail to appear, his claim shall be 
 barred. On the appearance of the claimant, the Court shall 
 direct an issite 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. 
 
10 
 
 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 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. 
 
 Sec. 17. In all proceedings against debtors who fail or 
 refuse to give information of their indebtedness within the 
 time prescribed in this Act, and the debtor shall be brought 
 before the Court by process, the costs of the proceeding shall 
 be adjudged against such debtor, in case he is found to bo 
 indebted to any alien enemy ; and if it shall appear to the 
 Court, on the trial of any cause against such recusant debt- 
 or, that he has wrongly 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 dc issue tried by them, shall certify 
 that such debtor has wilfully failed or refused to give infor- 
 mation of his indebtedness, or the true amount thereof, with 
 the intent aforesaid, the Court shall award execution against 
 such debtor on the decree or judgment for the whole amount 
 of the debt and interest due thereon, together with the 
 costs ; in all other cases, however, execution shall be stayed 
 until the peace aforesaid, except for interest which shall 
 accrue. 
 
 Sec. 18. In cases where proceedings shall be instituted to 
 sequestrate judgments or decrees already rendered, or of 
 claims or debts upon which actions or suits may be pending, 
 the Court may, after the decree of sequestration, allow the 
 Receiver to prosecute such suit, action, decree or judgment, 
 in the name of the Confederate States of America ; and in 
 cases of suits or actions pending, or decrees or judgments 
 rendered in the State Courts, where, by the laws of such 
 State, it may be admissible, such Receiver may introduce 
 the Confederate States of America in the proceedings as a 
 party to prosecute such suit or action, or enforce such de- 
 cree 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 for fees or commission on the fund or assets 
 in their hands, shall, on delivery of such fund or assets to 
 the Receiver, make out their accounts for such claims or 
 
11 
 
 commissions, and th© Court shall consider and allow the 
 same, if just and reasonable, to be paid out of such funds or 
 assets ; and where counsel are already engaged in prosecu- 
 ting such pending suits or actions, the Receiver shall be 
 authorized to allow them to continue to prosecute such suits 
 or actions for the Confederate States of America. 
 
 Sec. £0. 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 interest 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 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 the judgment, or is about to 
 remove his effects beyond the jurisdiction of the Court, but 
 such execution shall be discharged on the defendant's giving 
 security to the satisfaction of the Court, for the performance 
 or payment of the decree. 
 
 Sec. 23. In proceedings under this Act, and the Act of 
 which it is amendatory, upon affidavit being made by the 
 Attorney representing 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 members of a 
 partnership of alien enemies are unknown to him, the pro- 
 cess and proceedings may be against such partnership by 
 the firm name thereof, stated in such affidavit, or against 
 such alien enemy, whose name is wholly or partly unknown, 
 by such name or proper description as may be known and 
 set forth in such affidavit : Provided, That the Court may, at 
 any time, on motion, cause the full and proper name to be 
 inserted in the record, and used in the proceedings when the 
 same becomes known to the Court. 
 
 Sec. 24. Receivers shall have authority to administer 
 oaths touching any matter incident to proceedings under 
 this Act. 
 
12 
 
 Sec. 25. The sixteenth section of an Act to which this 
 is an amendment, is hereby repealed. 
 
 Sec. 2(5. All debts due to an alien enemy may be paid 
 in the Bonds and Treasury Notes of the Confederate States, 
 and the same shall be received in payment for all property 
 sold under this Act. 
 
 Sec. 27. The fees of all Clerks and Marshals shall bo the 
 same for services under this Act and the Act to which this 
 is an amendment, as arc allowed for similar services in tho 
 Courts of the Confederate States, and shall be a charge upon 
 the general fund derived from confiscations, and shall bo 
 paid on the order of the Court. 
 
 . Sec. 28. The Commissioners authorized by the fourteenth 
 section of the Act to which this is an amendment, shall ap- 
 point a Clerk with a salary of fifteen hundred dollars, to be 
 paid out of the Treasury of tho Confederate States ; but such 
 salary, as well as the salary of said Commissioners, shall be 
 charged to the confiscation fund and be deducted therefrom 
 
 and said Commissioners 
 point Commissioners to 
 
 shall moreover have power to ap- 
 take the examination of witnesses 
 touching the claims whi ;h may be propounded before them, 
 or may summon witnesses before them to be examined oral- 
 ly ; said Commissioners, and the Commissioners appointed 
 by them to examine witnesses as aforesaid, shall have power 
 to administer oaths to 'the witnesses, and issue subpoenas, 
 and witnesses failing to appear shall be subject to like penal- 
 ties and process as may be prescribed in the Courts of the 
 Confederate States against defaulting witnesses : Provided, 
 hoivever, That the costs of all proceedings to take testimony 
 shall be paid by the claimant, except in cases where the At- 
 torney General shall apply for leave to take testimony, and 
 the fees of witnesses ^nd Commissioners shall be tho same 
 as are allowed in the Courts of the Confederate States in 
 like cases. 
 
 Sec. 29. So much of the Act to which this is an amend- 
 ment as requires the Receivers to settle separately the es- 
 tate of each alien enemy, is repealed, and hereafter such set- 
 tlement shall embrace all the matters ready for settlement ; 
 but the items of the account shall be so specific as to show 
 the sources from which each is derived. 
 
 Sec. 30. Where any judgment has been ontered up in any 
 of the Courts of the Confederate States |under the Act to 
 which this is an amendment, inconsistent with the provisions 
 and spirit of this Act, the same, on motion, shall be set aside 
 
13 
 
 or amended in accordance with the terms and provisions of 
 this Act. . _ . 
 
 Sec. 31. The provisions of the Act to which this Act is an 
 amendment, so far as the same may conflict with this Act, 
 are hereby repealed. 
 
14 
 
 AMENDED RULES 
 
 CONCEKNING DEBTS DUE TO ALIEN ENEMIES. 
 
 In all cases where information is given to any Receiver, by 
 any person or persons, of debts due by him or them to an 
 alien enemy or enemies, the Receiver shall set forth in writing 
 the name or names of the creditor or owner of such debt, the 
 amount due or owed on the 30th August, 1861, and how the 
 payment of the same is secured, whether by mortgage or 
 otherwise, and such information and the particulars thereof, 
 as now stated, must be sworn to before the Receiver or the 
 Judge of a Court of Record, Justice of the Peace, Notary 
 Public, or Commissioner of this Court. That no other paper 
 shall be served or process issued thereon ; but a Petition shall 
 be filed in Court against such person or persons giving such 
 information as aforesaid, and the Court shall decree thereon 
 at the next sitting, or, at the then sitting, if in term time : 
 Provided, That the person or persons giving such information, 
 shall be allowed to make any defence to the payment of such 
 debt as he could have made against the creditors holding or 
 owning the same. 
 
 II. 
 
 That in cases where such information is not given, the 
 Receiver shall, on discovery or belief of any debt due to alien 
 enemies, file his Petition in the usual form with the Clerk 
 against the person or persons so indebted, and process to 
 bring in the Defendant to answer the said Petition shall be by 
 Writ of Garnishment to be served on such person or persons, 
 and said Writ of Garnishment shall require such person or 
 persons to whom it is directed, to answer £he said Writ, and 
 to discover on oath, whether he or they, is or are, now or were 
 indebted to any alien enemy or enemies, on the 30th August, 
 1861 ; if so, in what sum, and whether he or they know of any 
 other person or persons so indebted; and the said Petition shall 
 be in the name of the Confederate States, against the person or 
 
15 
 
 persons who are alleged to owe the debt or debts to any alien 
 enemy or enemies. 
 
 III. 
 
 If the debt charged to be due to an alien enemy or enemies 
 shall be suggested in the answer to the Writ of Garnishment, 
 as claimed or owned by any person or persons not an alien 
 enemy or enemies, the defendant or defendants, shall also in 
 the answer to the said writ, set forth the name of such claim- 
 ant or claimants, and his or their place of abode. And a citi- 
 zen shall thereupon issue to such claimant or claimants to 
 intervene in the case, and appear and propound his or their 
 claim at the succeeding term of the Court. And if such 
 claimant or claimants is or are absent from the District in 
 which the Court is held, or cannot be found, publication of 
 the citation shall be made for the space of one month. If the 
 claimant or claimants shall appear, an issue will be ordered to 
 try the claim so propounded \ and if he or they fail to appear 
 the claim shall be barred. 
 
 IY. 
 
 In all cases in which the fact shall be ascertained by pro- 
 ceedings in Court, of a debt due to an alien enemy or enemies, 
 a Judgment shall be entered against the person or persons 
 who may be debtor or debtors, but the the same shall not be 
 a lien on the property of the debtor or debtors. And in case 
 such person or persons who are debtor, shall pay annually 
 to the Keceiver the interest on the said debt, no proceedings 
 shall be had under the said judgment for one year after the 
 establishment of peace. But in default of the payment of such 
 intent, Execution shall issue therefor; and if it shall appear 
 to the Court, that any person or persons wrongfully and wil- 
 fully refuse, or fail to give information of his or their indebt- 
 edness, or to state the true amount thereof, with intent to 
 hinder, evade or delay the Receiver therein, execution shall 
 be awarded against such person or persons on the decree or 
 judgment for the whole debt, with the interest due thereon, 
 and the costs of th© proceedings. 
 
 V. 
 
 In all cases where any person or persons owing a debt or 
 debts to an alien enemy or enemies, shall fail or refuse to 
 
16 
 
 give information of such indebtedness, and such person or 
 persons shall be brought before the Court by its process, 
 the cost of the proceedings shall be adjudged against such 
 debtor or debtors, if found indebted to such alien enemy 
 or enemies. 
 
It 
 
 RULES 
 
 IN RELATION TO PROCEEDINGS AGAINST AGENTS OR THIRD PERSONS 
 
 HAVING THE POSSESSION OR CONTROL OF MONEY, PROPERTY 
 
 OR EFFECTS OF ANY KIND, (EXCEPT PERSONS OWING 
 
 DEBTS) BELONGING TO ALIEN ENEMIES. 
 
 I. 
 
 Wherever any person or persons shall be in the possession 
 or control of any money (other than debts,) property or 
 effects of an alien enemy or enemies ; it shall be the duty of 
 the Receiver, to receive the same, from such person or per- 
 sons, and to give to such person or persons a receipt specify- 
 ing the amount of money, property, effects, and evidences of 
 debt paid and delivered ; and the name of the alien enemy, on 
 account of whom, the same shall be paid and delivered. 
 
 II. 
 
 If the person or persons having the possession and control 
 of such money, property and effects of an alien enemy or 
 enemies, asserts a claim in his own favor against the same ; 
 he shall file in Court, a particular statement of such claim, 
 which shall be sworn to by him or them. And such claim at 
 the next or other succeeding term of the Court, shall be 
 heard and determined. 
 
 III. 
 
 If the person or persons having the possession and control 
 of such money, property and effects of an alien enemy or 
 enemies, shall neglect or refuse to give possession thereof, 
 and to make payment to the Receiver, the Receiver shall 
 forthwith sue for the same. And the proceedings in such 
 suit shall be by Petition with the proper averments in each 
 case, and the said Petition shall be filed in the Court. 
 
 IV. 
 
 The process to bring in such person or persons, shall be by 
 Writ of Garnishment, which shall in addition to the several 
 3 
 
18 
 
 matters and things now commanded in it, further command 
 the said person or persons, to make his or their Answer to the 
 said writ, that it may stand as the Answer to the said Petition. 
 
 V. 
 
 Thirty days after the service of the said Writ of Garnish- 
 ment, the case shall be called for trial, if the Court shall bo 
 then in session ; or at the Court then next succeeding'. Ex- 
 ceptions may be taken to the Answer in the manner prescribed 
 in the first of the original Rules ; and such exception shall be 
 disposed of in the manner therein stated. 
 
 VI. 
 
 If no Answer shall be filed by the person or persons upon 
 whom the Writ is served the Court may' compel an answer, 
 according to the manner prescribed in the fourth of the original 
 Rules ; or the Petition may be taken pro confesso. 
 
 RULE CONCERNING INTEREST UPON DEBTS. 
 
 In all cases of debts due by any person or persons to an 
 alien enemy or enemies, the Receiver shall state an interest 
 account thereon, showing the interest due thereon, on the 
 30th August, 1861, and shall proceed to collect the same. 
 If payment thereof shall be refused, it shall be the duty of 
 the Receiver, through the District Attorney to apply for an exe- 
 cution, directed to the Marshal, to collect said interest. And 
 such interest shall be calculated annually, to the 30th August, 
 in each year ; and the payment thereof, if refused, shall bo 
 enforced in the manner herein provided. 
 
19 
 
 APPENDIX OF FORMS. 
 I. 
 
 RETURN OR INFORMATION. 
 
 Confederate States. Sequestration Acts, 1861, and 1862. 
 
 Return and Information of of property 
 
 and effects, and debts of Alien Enemies, in 
 possession or control since the 30th day of August, A. D., 1861. 
 
 Names of Alien Enemies Description of Property Amount, 
 
 Sworn to before me, this day of A. D., 1862. 
 
 II. 
 PETITION FOR SEQUESTRATION OF DEBTS, 
 
 [To he filed by Receiver upon voluntary Information of Debtor. ,] 
 
 CONFEDERATE STATES OF AMERICA, ) In the 
 
 South Carolina District. J District Court. 
 
 To the Hon. A. G. Magrath, 
 
 Confederate Judge for the District afdresaid. 
 
 The Petition of Receiver of Sequestered 
 
 Estates, duly appoin+ed by the Judge aforesaid, who sues in 
 the name and behalf of the Confederate States of America, 
 respectfully showeth, 
 
 1. That open and public war exists between the United 
 States of America, and the said Confederate States of America, 
 by virtue of an Act of the Congress of the said Confederate 
 States, entitled '• An Act recognizing the existence of war between 
 
20 
 
 the United States and Confederate States ; and concerning Let- 
 ters of Marque, Prizes and Prize Goods" approved on the 
 sixth day of May, A. D., 1861. 
 
 2. That by virtue of the Act of the Congress of the said 
 Confederate States, 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 with the United States" 
 approved on the 30th day of August, A. D., 1861, and of the 
 Acts amendatory thereof, all and every, the lands, tenements 
 and hereditaments, goods and chattels, rights and credits, 
 within these Confederate States, and every right and interest 
 therein held, owned, possessed and enjoyed, by or for any 
 alien enemy, since the thirtieth of August, one thousand eight 
 hundred and sixty-one, except such debts due to an alien en- 
 emy as may- have been paid into the Treasury of any one of 
 the Confederate States, prior to the passage of said Act, are 
 sequestrated by the Confederate States of America, to be 
 held for the indemnity of. certain citizens of the said Confed- 
 erate States and others, according to the provisions of the 
 Act of Congress aforesaid. 
 
 3. That there are within the limits of these Confederate 
 States, to wit, in in the District aforesaid, 
 and within the jurisdiction of this Court, certain rights and 
 credits, held, owned, possessed and enjoyed by or for certain 
 alien enemies, to wit, certain debts due by A. B. of Charleston, 
 to citizens of the United States, and persons residing and 
 having a domicil therein, alien enemies, which said debts are 
 sequestrated by virtue of the Acts of Congress aforesaid, 
 and now belong te the said Confederate States ; to wit, 
 
 [f. g. To C. D. of the City and State of New York, a debt of 
 $ upon an open account. 
 
 To E. F. & Co., of the City of Philadelphia, and State of 
 Pennsylvania, a debt of $ upon a Promissory Note, pay- 
 
 able on the day of 
 
 To C H. of Boston, Massachusetts, a debt of $ upon 
 
 a Bond of the said A. B., payable on the day of 
 
 sectLred by a Mortgage of ] 
 
 As appears by the information of the said A. B., under 
 oath, filed in this Honorable Court. 
 
 Wherefore, your Petitioner prays, that sequestration and 
 payment of the debts to the said alien enemies so confessed, 
 may be decreed by this Honorable Court, according to the 
 provisions of the Acts of Congress aforesaid, and for the pur* 
 poses therein specified ; and that your Petitioner may havo 
 
21 
 
 such other, and further order, decree, direction and relief in 
 the premises, as the nature of the case may require, and to 
 your Honor may seem meet. 
 
 And your Petitioner will ever pray, &c. 
 
 J. Y. S., Receiver. 
 
 C. K. M., District Attorney. 
 
 Endorsed, Confederate States of America, vs. A. B. (the 
 debtor.) 
 
 III. 
 PETITION. 
 
 [ To he filed against any person discovered or believed by Receiver 
 to have custody or possession of property of, or to be indebted 
 to, alien enemies.'] 
 
 CONFEDERATE STATES OF AMERICA, ) In the 
 
 South Carolina District. ] District Court. 
 
 To the Hon. A. G. Magrath, 
 
 Confederate Judge for the District aforesaid. 
 The Petition of ^ Receiver of Sequestered 
 
 Estates, duly appointed by the Judge aforesaid, who sues in 
 the name and behalf of the Confederate States of America, 
 respectfully showeth. 
 
 1 . That open and public war exists between the United 
 States of America, and the Confederate States of America, by 
 virtue of an Act of the Congress of the said Confederate 
 States, entitled "An Act recognizing the existence of war betiveen 
 the United States and the Confederate States ; and concerning 
 Letters of Marque, Prizes and Prize Goods," approved on the 
 sixth day of May, A. D., 1861. 
 
 2. That by virtue of the Act of Congress of the said Con- 
 feberate States, entiled "An Act for the Sequestration of the 
 Estates, Property and effects of Alien Enemies, and for the 
 indemnity of Citizens of the Confedemte States, and persons 
 aiding the same in tlie existing war with the United States," 
 approved on the 30th day of August, A. D., 1861, and of the 
 Acts amendatory thereof, all and every the lands, tenements 
 and hereditaments, goods and chattels, rights and credits, 
 within these Confederate States, and every right and interest 
 
22 
 
 therein held, owned, possessed or enjoyed, by or for any alien 
 enemy, since the thirtieth of August, one thousand eight hun- 
 dred 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 said Act, are 
 sequestrated by the Confederate States of America, to be held 
 for the indemnity of certain citizens of the said Confederate 
 States and others, according to the provisions of the Act of 
 Congress aforesaid. 
 
 3. That there are within the limits of these Confederate 
 States, to wit, in in the District aforesaid, 
 
 and within the jurisdiction of this Court, certain lands, tene- 
 ments and hereditaments, goods and chattels, rights and 
 credits, held, owned, possessed and enjoyed by certain alien 
 enemies. And that A. B., of Charleston, as your Petitioner 
 is informed and believes is in actual possession of, or has under 
 his control, money, property, effects and evidences of debts 
 belonging to citizens of the United States, and persons residing 
 and domiciled therein, alien enemies ; and that the said A. B. 
 is likewise indebted to ce-tain persons, alien enemies ; all of 
 which said property, effect and debts are and have been seques- 
 trated by virtue of the Acts of Congress aforesaid, and now be- 
 long to the said Confederate States, but the names of the said 
 alien enemies, the description of the said property and effects, 
 and the amounts of said indebtedness, are unknown to your 
 Petitioner. Wherefore your Petitioner prays, that a "Writ of 
 Garnishment may issue out of and under the seal of this Hon- 
 orable Court, directed to the said A. B., and requiring and 
 commanding him to answer under oath, what property and 
 effects of any alien enemy he has in his custody, control, pow- 
 er or possession ; and whether he is indebted to any alien 
 enemy, or was so indebted on the thirtieth clay of August, 
 A. D., 1861, and in what sum, and whether he knows of a,ny 
 other person or persons so indebted ; and that sequestration 
 and payment of the said property, effects and debts, of alien 
 enemies, may be decreed by this Honorable Court, according 
 to the provisions of the Acts of Congress aforesaid, for the 
 uses and purposes therein specified ; and that your Petitioner 
 may have such other and further order, decree, direction and 
 relief in the premises as the nature of the case may require, 
 and to your Honor may seem meet. 
 
 J. W. C. Receiver. 
 
 C. R. M., District Attorney. 
 
 [If the property and debts in possession of the Defendant is 
 
23 
 
 known in whole or in part, such 'description must be inserted, and 
 the Petition modified accordingly.] 
 
 IV. 
 
 WRIT OF GARNISHMENT. 
 
 [To be served on Defendant to bring him before the Court, to 
 an&ioer the Petition filed by EeceiverJ] 
 
 CONFEDERATE STATES OF AMERICA, ) 
 
 South Carolina District. j 
 
 To D, H. Hamilton, Marshal of the Confederate States, 
 
 • for the District of South Carolina. 
 
 Whereas a Receiver, under the Act of the 
 
 Congress of the Confederate States, 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 ; 
 has filed a Petition in this Court, praying that a Writ of Gar- 
 nishment, under the said Act, should issue to 
 commanding him to appear and answer under oath, what 
 property or effects of an alien enemy, or of any 
 
 other alien enemy he has under his possession or control, be- 
 longing to or held for an alien enemy ; or in what sum he is 
 or was on the thirtieth day of August, 1861, or since has been 
 indebted to the said or any other alien enemy. And 
 
 whether ho knows of any other persons so indebted. 
 
 You are therefore, by these Presents, ordered and required 
 to summon the to be and appear before the District Court 
 of the Confederate States, for the District of South Carolina, 
 at its next sitting in and within thirty days from the 
 
 service hereof, tojfcmswor in the premises : and upon his oath 
 fully and particularly to answer, and to set forth and discover 
 what lands, tenements and hereditaments, goods and chattels, 
 rights and credits of the said or any other alien 
 
 enemy, he had on the thirtieth day of August, A". D., 1861, or 
 since has had in his custody, control, power or possession, to 
 the end, that his said Answer may stand as an Answer 
 to the Petition filed against him, and that according to his 
 answer, and such further proceedings as may be had therein, 
 such property and effects of the alien enemy may be 
 
24 
 
 condemned and sequestered under the provisions of the 
 aforesaid Acts of the Congress of the Confederate States. 
 And you will execute this Process by serving personally on 
 the -. or leaving at his usual place of abode, a copy 
 
 thereof; with a notice endorsed thereon, requiring him to 
 appear and answer -as herein directed. 
 
 And whatsoever you may do in the premises, you shall 
 make true return thereof, at the time and place aforesaid. 
 
 ifW'itness, the Hon. A. G. Magrath, Judge of the Confede- 
 rate States, this twenty-third day of September, 
 A. D., 1862. 
 
 i \ - 
 
 «Yon are hereby notified to appear before the District 
 (fourt of J^e .Confederate States, at its next sitting in * _ 
 and within thirty days from tTie service of this Writ, to 
 answer in writing and Upon oath, the several matters and 
 *thinf s herein 'contained. f 
 
 H: Y. .GRAY, Clerk C. &, District £o. Ccu 
 
 :-0 *;r> J > <■■■"#■« 
 
 . Memorandum. '"Th,e*pririted forms now in use may be still 
 used, inabifjg such alterations as* are necessary to make them 
 conform to the forms 'above given, 
 
 
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