THE 
 
 SEQUESTRATI0N>J ACT 
 
 oi-' THE ' f 
 
 GUIOE^ESATrJlATES, 
 
 \V I'H 
 
 THE INSTRUCTIONS FRO^^ "• ' ' ipTORXEY GENE- 
 RAL OF THE CONFKi IoItaTE^ TO 
 RECEIVFRS UNDER Tiim CT. 
 
 THE RULES OF THE DISTRICT COMt OF THE* CON- 
 FEDERATE STATES FOR TiJdiSTRICT 
 OF SOUTH CAROLJ 
 
 AND 
 
 AN APPENDIX OF FOfMS. 
 
 CHAsELEJTON.il? 
 
 I'RINTED BY A. J. BURKE, 40 Bi;( i' ET. 
 
I 1 
 
 "> 
 
THS 
 
 SEQUESTRATION ACT 
 
 OF THE 
 
 CONFEDERATF-^ STATES, 
 
 .lU, 
 
 WITH , 'i' 
 
 THE INSTRUCTIONS FROM TH 'j, ATTORNEY GENE- 
 RAL OF THE CONFEDER.^ WE STATES TO 
 RECEIVERS UNDER '» HE ACT. 
 
 THE RULES OF THE DISTRICT OURT OF THE CON- 
 FEDERATE STATES FOR IHE DISTRICT 
 OF SOUTH CAROLINA, 
 
 AND 
 
 AN APPENDIX OF FORMS. 
 
 CHARLESTON. 
 
 PRINTED BY A. J. BURKt, 40 BROAD-STREET. 
 186L 
 
> 
 
 vi 
 
r-^ 
 
 TH2 SEQUESTRATION ACT. 
 
 An Act for tiie Seqiiestrafion of the Esfafes, Property and Effects 
 of Alien Enemies, and for the Indebmifi/ of Citizens ot the Con- 
 federate States, and Fersouf :ndi% the same in the Existing 
 War u'ith the United States. ^ 
 
 Whereas, The Government and people of tlie United States 
 have departed from the usai^-es of civiH/xd warfare in confis- 
 cating and destroying the property of the people of the Con- 
 federate States of' all kinds, whether^ used for military purposes 
 or not; and, whereas, our only protect i<Hi against such wrongs 
 is to be found in such measures of ret;iliation as will ultimately 
 indemnify our 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 cbn-ttels, lights and credits, with- 
 in these Confederate States, and every right and interest there- 
 in held, owned, possessed or enjoyed by or for any alien enemy 
 since the twenty-first day of May, one thousand eight hundred 
 and sixty-one, except such debts due to an alien enemy as may 
 bave been paid into the Treasury of any one of the Confede- 
 rate States prior to the passage of this law, be, and the same 
 are hereby sequestered by the Confederate States of America, 
 and shall be held for the full indemnity of any true and loyal 
 citizen or resident of these Confederate States, or other person 
 aiding said Confederate States in the prosecution of the pre- 
 sent war between said Confederate States and the United 
 States of America, and for which he may suffer any loss or in- 
 jury under the act of the United Stales to which this act is 
 retaliatory, or under any other act of the United States, or of 
 any State thereof autliorizing the seizure, condemnation, or 
 confiscation of the property of citizens or residents of the 
 Confederate States, or other p^-rson aiding said Confederate 
 States, and the same shall be . seized and disposed of as pro- 
 vided 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 twenty-first day of May, then this act shall operate upon, 
 and as to such estate, property or rights, and all persons claim- 
 ing the same from and after the day such State became a mem- 
 ber of this Confederacy, and not before: Provided, further, 
 That the provisions of this act shall not extend to the stocks or 
 other public securities of the Confederate Government, or of 
 any of the States of this Coni'oderacy, held or owned by any 
 alien enemy, or to any debt, obligation, or sum due from the 
 Confederate Government, or any of the States, to such alien 
 enemy: And provided, also, That the provisions of this act 
 shall not embrace the pro})erty of citizens or residents of either 
 of the States of Delaware, Maryland, Kentucky or Missouri, or 
 of the District of Columbia, or the Territories of New Mexico, 
 Arizona, or the Indian Teiritory South of Kansas, except such 
 of said citizens or residents as shall commit actual hostilities 
 against the Confederate States, or aid and abet the United 
 States in the existing war against the Confederate States. 
 
 Sec. 2. And be it further enacted, That it is, and shall be 
 the duty of each and every citizen of these Confederate State's 
 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 person 
 holding or controlling any such lands, tenements or heredita- 
 ments, goods or chattels, rights or credits, or any interest there- 
 in, of or for any such alien enemy, speedily to inform the Re- 
 ceiver, 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 effects so reported and turned over. And any such person 
 wilfully failing to give^such information and render such ac- 
 count shall be guilty of a high misdemeanor, and, upon indict- 
 ment 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 try- 
 ing the case, and shall further be liable to be sued by said 
 Confederate States, and subjected to pay'double the value of 
 the estate, property or effects of the aheu enemy held by him 
 or subject to his control. 
 
 Sec. 4. It shall be the duty of the several Judges of this 
 Confedepacy 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 inquire and report all landn, 
 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 seyeral Receivers, a [) pointed under this act, 
 to take a copy of every such report,iand to proceed in obtain- 
 ing the possession and control of all such property and effects 
 reported, and to institute proceedings for the sequestration 
 thereof in the manner hereinafter provided. 
 
 Sec, 5. Be it further enacted. That each Judge of this Con- 
 federacy shall, as early as practicable, appoint a Receiver for 
 each section of the State for which he holds a Court, and shall 
 require him, before entering upon the duties of his office, to 
 give a bond in such penalty as iiay be prescribed by the 
 Judge, conditioned that he will diiHgentl}^ and faithfully dis- 
 charge the duties imposed on 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 appointed, and shall be removed for in- 
 competency, or inefficiency, 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 t^c duty of the Judge to 
 divide the district or section'into one or more Receiver's dis- 
 tricts, according to the necessities of the case, and to appoint a 
 Receiver for each of said newly created districts. And every 
 such Receiver shall also, before entering upon the duties of his 
 office, make oath in writing before, the Judge of the district or 
 section for which he is appointed, diligently, well and truly to 
 execute the duties of his office. 
 
 Sec. 6. Be it further euacted. That it shall be the duty of 
 the several Receivers aforesaid to take the possession, control 
 and management of all lands, tenements and hereditaments, 
 goods and chattels, rights and credits oi each and every alien 
 enemy within the seciion for which he nets. And to this end 
 he is empowered and required, whenever necessary for accom- 
 plishing the purposes of this Act, to sue for and recover the 
 same in the name of said Confederate States, allowing in the 
 recovery of credits, such delays as may have been or may be 
 prescribed in any State as to the collection of debts therein 
 during the war. And the form and mode of action, Avhether 
 the matter be of jurisdiction in Law or Equity, shall *be by pe- 
 tition to the Court setting forth, as best he can, the estate, 
 property, right or thing sought to be recovered, with the name 
 of the person holding, exercising supervision over, in possession 
 of or controlling the same, as the case may be, and praying a 
 sequestration thereof. Notice shall hereupon be forthwith 
 issued by tlio Clerk of the Court, or hy the Receiver, to such 
 
 m 
 
6 
 
 person, with a oopy of the petition, and the same shall be 
 served by the Marshal or liis deputy and returned to the courts 
 as other mesne process in law cases: whereupon the cause shall 
 be docketed and stand for trial in the court according to the 
 usual course of its business, and the court or Judge shall, at 
 any time, make all orders of seizure that ma}'^ seem necessary 
 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 
 propert}' so sequestered to leave the same in the hands and un- 
 der the control of any debtor or person in whose hands the 
 real estate and slaves were seized, who may be in possession of 
 the said property or credits, he shall order the same to remain 
 in the hands and under the control of said debtor or person in 
 whose hands the real estate and slaves were seized, requiring 
 in every such case such security for the safe-keeping of the 
 property and credit as he may deem suflScient 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 pai^ into the hands of the Receiver 
 all interests or net profits which may have accrued since the 
 21st May, eighteen hundred and sixty-one; and, in all cases 
 coming under the proviso, such debtor shall be bound to pay 
 over annually to the Receiver all interest which may accrue as 
 the same falls due: and the person 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 jncome or profits, as the same falls due, 
 the Receiver may demand and recover the debt or property. 
 And, Avherever, 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 satisfac- 
 tion of tl»e court that the securities of such debtor or person 
 are not ample, the court may, on the failure of the party to give 
 sufficient additional security, render judgment against all the 
 parties on the bond for the recovery of the debt or property: 
 Provided, further. That said court may, whenever in the opin- 
 ion of the Judge thereof tlie public exigencies may require it, 
 pi'der the morey duo as aforesaid to be demanded by the Re-' 
 peiver, and if upon demand of the Receiver, made in conform- 
 
ity to a decretal order of the court requiring said Receiver to 
 collect any debts for the payment of ■which security may have 
 been given under the provision of thii Act, the debtor or liis 
 security shall fail to pay the same, then upon ten days' notice 
 the said debtor and his security, given by said Receiver, of a 
 motion to be made in said court for judt;aient for the amount 
 so secured, said court, at the next term thereof, ma}'' proceed to 
 render judgment against said principal and security, or against 
 the party served with such notice, for the sum so secured, with 
 interest thereon, in the name of said Receiver, and to issue ex- 
 ecution therefor. 
 
 Sec. 7. Any person in the possession apd control of the sub- 
 ject matter of any such suit, or claiming any interest therein, 
 may, by order ot the court, be admitted as a defendant 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 ho 
 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 Confederate ^^tates whom he legally 
 represents; and when the defence is conducted for or on ac- 
 count of another, in whole or part, the pica 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 in- 
 volves matter which should be tried by a jury, according to the 
 course of common law, the defendant ehnll he 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 b^'- 
 shall, at the request of the Receiver, from time to time, issue . 
 writs of garnishments, directed to one or more persons, com- 
 manding them to appear at the then sitting, or at any future, 
 term of the court, and to answer under oath what property or 
 effects of any Ahen Enemy he had at the service of the pro- 
 cess, 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 bring- 
 ing in of third persons claiming or disclosed by the answer to 
 have an interest in the litigation as to it shall seem proper; but 
 
m no case shall any one be hea,rd in re^ject thereto until ho 
 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 pro- 
 tect 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 upon the trial of other issues. And in 
 all cases of litigation under this Act, the Receiver may pro- 
 pound interrogatories to the adverse party touching any mat- 
 ter involved in the litigation, a copy of which shall be served 
 on the opposite party or his attorney, and which shall be an- 
 swered under oath within thirty daj^s 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 or- 
 der 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 compensation therefor 
 two per cent, on and from the fruits of all litio'ation instituted 
 under this act: Provided, That no matter shall te called liti- 
 gated except a defendant be admitted by the court, and a pro- 
 per plea be filed. 
 
 Sec. 10. Be it further enacted, That each Receiver appoint- 
 ed 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 the piatters in his hands or under his con- 
 trol under the law, a(id shall make and state just and perfect 
 accounts and settleme*nts under oath of his collections of mo- 
 neys and disbursements under this law, stating accounts and 
 making settlements of all matters separately, in the same way 
 as if he were administrator of several estates of deceased per- 
 sons by separate appointments. ' And the settlements and de- 
 crees 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, however, be made until judgment or de- 
 cree 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 b^ filed 
 fespecting 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 news- 
 paper near the place of holding tho 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 Govern- 
 ment, and see that a full, true and just settlement is made. 
 The several settlements preceding the final one shall be inter- 
 locutory only, and may bo impeached by the final settlements, 
 which latter shall be conclusive unless reversed or impeached 
 within two years, for fraud. 
 
 Sec. 12. Bo it further enacted, That the court having juris- t^V"-^^ 
 diction of the matter shall, whenever sufficient cause is shown * '^f ^ , 
 therefor, direct the sale of any personal property, other than 
 slaves, sequestered under this act, on such terms as to it 
 shall seem best, and such sale shall pass the title of the person 
 as whose property the same has been secjuestered. 
 
 Sec. 13. All settlements of accounts of Receivers for seques- 
 tered property shall be recorded, and a copy thereof shall bo 
 forwarded by the Clerk of the court to the Treasurer of the 
 Confederate States within ten days after the decree, interlocu- 
 tory 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 Receiver for five days to pay over the same, 
 execution shall issue therefor, and he shall be liable to attach- 
 ment by the court and to suit upon his bond. And any one 
 embezzling any money under this act shall be liable to indict- 
 ment, 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 embezzled. 
 
 Sec. 14. Be it further enacted. That the President of tho 
 Confederate States shall, by and with tlie advice and consent 
 of Congress, or of the Senate, if the appointment be made 
 under the permanent government, appoint thVee discreet Com- 
 missioners, 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 sliall require, whose du- 
 ty 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 M'ar against the 
 United States, who shall alledge that he has been put to loss 
 under the act of the United States, in retaliation of which thi» 
 act is passed, or under any other act of the United States, (x 
 
 2 
 
10 
 
 of any State thereof, authorizirig 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 
 whenever Congress shall pass the claim, the same sliall be paid 
 from any money in the Treasury derived from sequestration 
 under this act: Provided. That said Board of Commissioners 
 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 tlie Confederacy. And it shall be the 
 duty of the Attornej'- Ceueral or his assistant to represent 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 sequestra- 
 ted fund, and the Judges, in settling accounts with Receivers, 
 shall make to them proper allowances of compensation, taking 
 two and a half per cent, on receipts, and the same amount on 
 expenditures, as reasonable compensation, in all cases. The 
 fees of the officers of court shall be such as are allowed by law 
 for similar services in other cases, to be paid, however, only 
 from the sequestered finv^; Provided, that all sums realized by 
 any Receiver in any one year for his services, exceeding five 
 thousand dollars, shall be paid into the Confenerate Treasury, 
 for the use o? the Confederacy. 
 
 Sec. 16. Be it further enacted, That the Attorney General 
 shall prescribe such uniform rules of proceeding under this law, 
 not herein otherwise provided for, as shall meet the necessities 
 of the case. * 
 
 Sec. 17, Beit further enacted, That appeals may lie from 
 any final decision of the court under this law in the same man- 
 ner 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 requires 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 b}^ this act to settle all partner- 
 ships heretofore «^xi8ting between a citizen and one who is an 
 Alien Enemy; to seperate the interest of the AUen Enemy, 
 
11 
 
 and to sequester it. And shall,' also, sever all joint rights when 
 an Alien Enemy is concerned, and sequestrate the interest of 
 such Alien Enemy. 
 
 Sec. 20. Be it further enacted, That in all cases of adminis- 
 tration of any matter or thing, under this act, the court having 
 jurisdiction may make such orders touching the preservation 
 of the property or effects under the direction or control of the 
 Receiver, not inconsistent with the foregoing provisions, as to 
 ii shall seem proper. Aud the Receiver may, at any time, ask 
 arid have the instructions of the court, or judge, respecting his 
 conduct in the disposition or management of any property or 
 effects under his control. 
 
 Sec. 21. That the Treasury Notes of this Confederacy shall 
 be receiveable in payment of all purchases of property or ef- 
 fects sold under this act. 
 
 Sec. 22. Be it further enacted. That nothing in this act be 
 construed to destroy or impair the lien or other rights of any 
 creditor, a citizeu 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 hostihty to this 
 Confederacy. And any lien or debt c'.imed against any Alien 
 Enemy, within the moaning of this act, shall be propounded 
 and filed in the court, in which the proceedings of sequestra- 
 tion are had, within twelve months from the institution of such 
 proceedings foi* sequestration; and the court shall cause all pro- 
 per parties to bo made and notices to be given, and shall hear 
 and determine the respective rights of all parties concerned: 
 Provided, however, that no sales or payments over of money 
 shall be delayed for, or by reason of such rights or proceed- 
 ings; but any money realized by the Receiver, whether paid 
 into the court, or Treasury, or still in the Receiver's hands, 
 shall stand in lieu of that which produced said money, and be 
 held to answer the demands of the creditors aforesaid, in the 
 same manner as that which produced such money was. And 
 all claims not propounded and filed as aforesaid, within twelve 
 months as aforesaid, shall cease to exist against the estate, pro- 
 perty, or effects sequestrated, or the proceeds thereofl 
 
 Approved August 30, 1861. 
 
12 
 
 DEPARTirENT OF JUSTICE, ) 
 
 EiCHMOND, 12th Septemlx V, 1861. j 
 Instructions to Beceivers vnder the Act entitled " An Act for the 
 Sequestration of the Estates, Property and Effects of Alien En- 
 emies, and for the Indemnity of Citizens of the Confederate 
 States, and Persons aiding the same in the existing War against 
 tlie United States."— A2'^jroved dOth Ilarch, 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 resi- 
 dents of Delaware, Maryland, Kentucky or Missouri, or the Dis- 
 trict of Columbia, or the Territories of New Mexico, Arizona, 
 or the Indian Territory south of Kansas. 
 
 II. 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 Confede- 
 racy, are Alien Enemies under the law. 
 
 3d. All such citizens or residents of the States of Delaware, 
 Maryland, Kentucky or Missouri, and of the Territories 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 in the existing war against the 
 Confederate States. 
 
 II, Immediately after taking j^our oath of office, you will 
 take possession of all the property of every nature and kind 
 within your District belonging to Ahen Enemies as above de- 
 fined. "^ 
 
 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 intlerrogatories you will propound to the 
 following persons, viz : 
 
 1st. All Attorneys and Counsellors practicing law within 
 your District. 
 
 2d. The Presidents and Cashiers of all Banks, and principal 
 administrative officers of all Railroad and other corporations 
 within your District. 
 
 3d. All Agents of Foreign Corporations, Insurance Agents, 
 Commission Merchants engaged in foreign trade, Agents of 
 Foreign Mercantile Houses, Dealers in Bills of Exchange, Ex- 
 ecutors and Administvaturs of Estates, Assignees and Syndics 
 of Insolvent Estates, Trustees and generally all persons who are 
 linown to do business as Agents for others. 
 
13 
 
 IV. In the first week of each month you will exhibit to the 
 Judge a statement showing the whole amount oi money in your 
 hands as Receiver, and deposit the same for safe keeping, in 
 such bank or other depository as may be selected for that pur- 
 pose by the Judge — reserving only such amount as may be re- 
 quired for immediate necessary expenditure in the discharge of 
 your duties as Receivers. 
 
 V. You are strictly prohibited from making personal use in 
 any manner whatever, or investing in any kind of property, or 
 loaning with or without interest, or exchanging for other funds, 
 without leave of the Court, any money or funds of any kind re- 
 ceived by you in your oflicial 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 instruct- 
 ed to invoke his aid under the 9th section of the law, in all 
 matters of litigation that may arise tiDder the law. 
 
 VII. You will take special care to avoid the loss or deterio- 
 ration of all personal property pcrishhblo in its nature, by ap- 
 plying for the sale thereof under the provisions of the 12th, 
 section of the law. 
 
 VIII. You will keep an account, showing exactly all sums re- 
 ceived by you as allowances of compcn.sation under the 15th 
 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 sum of five thousand dol- 
 lars, you will pay over to the Assistant Treasurer of the Con- 
 federate States most convenient to your domicil, all further 
 sums allowed you as compensation, taking duplicate receipts 
 thereof, one to be retained as a voucher by j^ourself, and the 
 other to be forwarded by mail to the Secretary of the Treasury. 
 
 IX. Whenever, in the discharge of your duties, you discover 
 that any attorney, agent, former partner, trustee or other per- 
 son holding or controlling any property, rights or credits of an 
 Alien Enemy, has Avilfully failed to give you infoi'mation of the 
 same, you will immediately report the I'act to the District At- 
 torney 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 infor- 
 mation of the garnishee : 
 
 1. Have you now, or have you had in your possession, or un- 
 der your control, since the twenty tirs^day of May last [18(51], 
 end if yea, at what time, any land orlands, tenement or tone- 
 
14 
 
 ments, hereditament or hereditaments, chattel or chattels, right 
 or rights, credit or credits, within the Confederate States of 
 America, held, owned, possessed or enjoyed for or by any Alien 
 Enemy ; or in or to which any Alien Enemy had, and when, 
 since that time, any right, title or interest, either clirectly or in- 
 directly ? 
 
 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 interest ; 
 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 pro- 
 perty is, and by whom held ? 
 
 3. Were you, since the twenty-first day of May, 1861, and if 
 yea, at what time, indebted, either directl}', 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 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 lands, tenement or tenements, 
 hereditament or hereditaments, chattel or chattels, right or 
 rights, credit or credits, within the Confederate States of 
 America, or any right or interest held, owned, possessed or en- 
 joyed directly or indirectly, by or for one or more Alien Ene- 
 mies 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 forth specifi- 
 cally and particularly what and where the property 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 speci- 
 ally interrogated. A. B., Receiver. 
 
 Note. — 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, section 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 inform the 
 Receiver of the same, and to render him an account of such 
 property or interest, he si 'all 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 Confederate States, double 
 
15 
 
 the value of the property or interest of the Alien Enemies so 
 held or subject to his control. — [Sec. 3-1 
 
 The Attorney General has al>50 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. 
 
 Garnishee, to whom written or printed interrogatories are 
 addressed, may make their appearance by filing written an- 
 swers, sworn to before a Justice of the Peace or other compe- 
 tent officer, unless specially ordered by the Court to appear in 
 person. 
 
IN THE CONFEDERATE COURT. 
 
 DISTRICT OF SOUTH CAROLINA. 
 
 Ordered, in pursuance of the Ttli section of an Act of the 
 Confederate Congress, No. 269, cKrecting the several Courts 
 of this Confederacy to estabhsh Rules of Procedure under the 
 said Act: that the rules of Practice now published, and such as 
 may be hereafter published, for the conduct of cases which 
 may arise under the Act of the Congress of the Confederate 
 States, No. 269, concerning the Sequestration of- the estates, 
 rights and credits of Alien Enemies; be hereafter observed in 
 all cases under the said Act. 
 
 RULE FIRST. 
 
 The original proceeding shall be in all cases by petition — in 
 the name of the Confederate States of America — and shaU 
 set forth, in distinct terms, the lands, tenements, here- 
 ditaments, goods and chattels, rights and credits, concerning 
 which the decree for sequestration is prayed ; and the person 
 or persons if known, in whose custody, control, power or posses- 
 sion the same may be. And such petition shall be accompanied 
 with, and have endorseq thereon a written notice directed to the 
 person or persons in whose custody, control, power or posses- 
 sion such lands, tenements, hereditaments, goods and chat 
 tcls, rights and credits of such Alien Auemy may be; requiring 
 him or them to appear in this Court; and within thirty days 
 from the service of the said petition, fife his or their answer 
 or plea to the said petition; showing cause, if any there shall 
 be, why the decree for sequestration should not be made as 
 prayed for in the said petition. And the District Attorney of 
 the Confederate States ibr this District, in all cases where it 
 may be by him considered necessary, shall have the privilege 
 
17 
 
 of adding to the said petition a prayer; that the person or per- 
 sons upon whom such petition is served, shall further, in the 
 answer or plea to be filed by him or them, set forth and dis- 
 cover what other lands, tenements, hereditaments, goods and 
 chattels, rights and credits of such Alien Enemy, he or they 
 may have in his or their custody, control, power or possession. 
 And such person or persons from whom such discovery is 
 asked, shall, in the answer or plea to be filed by him or them^ 
 make a full, clear and distinct statement of all matters thereto 
 relating, within his or their knowledge, remembrance, infon 
 mation and belief. And such statement shall be subject at all 
 times to exceptions touching its clearness or suflSciency ; and 
 upon such exceptions being filed, a copy thereof shall be served 
 upon such person or persons ; and the questions raised by the 
 said exceptions shall be set down for hearing without delay. 
 If such exceptions shall be sustained, such person or persons 
 shall be obliged to amend such answer or plea ; and in default 
 of, doing so shall become liable to all the consequences result- 
 ing from a refusal, to make answer to proceedings on the 
 Equity side of this Court. 
 
 RULE SECOND. 
 
 The petition and notice prescribed in the foregoing Rule^ 
 shall be filed with the Clerk of the Court, and a copy thereof 
 shall be served by the Marshal of this District, personally, upon 
 the parties therein charged to be in possession of the property 
 referred to in the said petition; or a copy thereof shall be left 
 at his or their usual place of abode. Such service shall be 
 sworn to by the Marshal, or his deputy, if the service shall be 
 made by a deputy; and returned into the office of the Clerk of 
 the Court, within forty-eight hours from the time of such 
 service. And if such return shall not be made at such time^ 
 the Marshal or his deputy shall state in the return, why tho 
 Bame was not so made. 
 
 RULE THIRD. 
 
 If personal service of the said petition and notice cannot bo 
 made; and the person or persons upon whom such service is to 
 
 2 
 
18 
 
 Be mad© have no usual place of abode at which the copy 
 thereof may be left; the Marshal shall thereupon so make his 
 return. And upon the making of such return, the District 
 Attorney may enter an order that the Eeceiver shall take the 
 property of such Alien Enemy into his possession, and the 
 Clerk shall cause the copy of the notice endorsed on the peti- 
 tion to be posted at the door of the Court House, and pub' 
 lished once in every four weeks in one or more of the gazettes 
 of the city of Charleston, and of the District in which the 
 property may be found or is situate. 
 
 RULE FOURTH. 
 
 If tne person or persons upon whom the petition and notice 
 shall be served; or to whom the notice so directed, is required to 
 be posted and published; shall not appear and file his or their 
 answer or plea within thirty days from the time of such service 
 or the date of such publication; he or they shall be adjudged 
 in default, and the petition shall be thereupon taken 'pro con- 
 fesso : Provided, nevertheless, that the District Attorney of the 
 Confederate States for this District, if he shall so desire, may 
 ask for and obtain an order from the Court to compel the filing 
 of an answer or plea; and for that purpose, in default still of an 
 answer or plea, after such order, may have the aid of all the 
 means, within the control of a Court of Equity of this State > 
 to compel the answer or plea of such person or persons. 
 
 RULE FIFTH. 
 
 When the person or persons upon whom such petition and 
 notice shall be served, shall contest the prayer thereof; or 
 aUedge a lien or claim on the property therein mentioned ; or 
 if the petition shall by its statement make it necessary for the 
 Court to order other persons to be made parties ; or if other 
 persons shall, upon their own application, be admitted to 
 intervene; such person or persons shall be allowed thir- 
 ty days from the service of the notice or the order of the 
 Court, to file his or their answer or plea to the said petition. 
 
 RULE SIXTH. 
 The District Attorney of the Confederate States shall, within 
 
19 
 
 fiv« days from the time of filing such answer or plea, jBle his 
 rephcation to the same. And upon the fiHng of the rephca- 
 tion, the pleadings shall be considered made up, and the case 
 prepared for a hearing. 
 
 RULE SEVENTH. 
 
 In the trial of any case arising under this Act of the Con- 
 gress of the Confederate States, the order and mode of pro. 
 ceeding shall be the same as is of force in the Courts of 
 this State; and be made applicable to each case, according 
 to its nature and subject matter; whether it shall be for trial 
 on the Law or Equity side of the Court. 
 
 RULE EIGHTH. 
 
 If the pleadings in amy case shall be made up, at auy time 
 during the term of Court, the case shall be placed on the 
 docquet of the Court, and be called for trial, at that term. 
 
 RULE NINTH. 
 
 If it shall become necessary during the progress of a case, to 
 make up a side issue; or other proceeding for the trial of any 
 question, the decision of Avhich is necessary for the determina" 
 tion of the main issue ; either party may apply therefor. And 
 if the application shall be considered proper, such order will 
 be thereupon made as may be necessary. 
 
 RULE TENT^. 
 
 All questions of evidence, which may be raised in any case 
 shall be decided as far as practicable according to the Law and 
 the Practice, in like cases recognized and of force in the Courts 
 of the State. 
 
 RULE ELEVENTH. 
 
 If the hearing of any case under this Act shall be on the 
 Equity side of the Court, the decree in such case shall 
 sustain the petition : or on the Law side of the Court, the ver- 
 dict of the Jury shall sustain the petition : the decree shall be 
 enrolled; or the judgment entered and ifecorded : and thereupoa 
 the Clerk of the Court shall issue the writ to ssquester for the 
 Confederate States, the property mentioned in the petition. 
 
20 
 
 RULE TWELFTH. 
 
 Appeals shall be allowed from any Decree or Judgment 
 upon questions of law or of fact, in the same manner as in 
 civil cases at Law or in Equity, in the District Court of the 
 Confederate States. 
 
 EULE THIRTEENTH. 
 
 In all cases where the Receivers shall under the 20th section 
 of the Act ask the instructions of the Court or Judge respect, 
 ing the disposition or management of property, it shall be done 
 by petition, in which shall be stated particularly, the instruc- 
 tion asked for an^ the property concerning which it is 
 asked. And where any person or persons are interest- 
 ed in or have a lien, claim or interest upon or in 
 said property, notice shall be given to such person or per- 
 sons of the application for such instructions; and he or they 
 may be heard touching such lien, claim or interest, if the Court 
 or Judge shall so desire. 
 
 RULE FOURTEENTH. 
 
 All applications by Receivers for the sale of property, shall 
 also be by petition, stating the property particularly, and the 
 circumstances relied upon as rendering the sale so asked for 
 pecessary or proper. 
 
 RULE FIFTEENTH. 
 
 Whenever the estate, property and effects of the Alien Ene- 
 my, against which pro(ieedings shall be taken to sequester 
 them, shall be in the custody or possession, of any person or 
 persons, not alledging any lien, claim or interest therein, the 
 Receiver, unless otherwise ordered by the Court, shall take the 
 same under his possession, control and management. And in 
 all cases where the person or persons having such custody or 
 possession shall alledge a lien, claim or interest in such estate, 
 property or effects, for his or their benefit, or the benefit of 
 some other person, not an Alien Enemy, and in whose behalf 
 he or they are authorized to alledge such lien, claim or interest; 
 the said estate, property and effects may be left in his or their 
 
21 
 
 possession, for snch time and upon such terms, as may be im- 
 posed by the Court. And this rule shall apply to all kinds of 
 estates, property and effects hable to sequestration, except real 
 estate and negroes, and debts: concerning which special rules 
 will be framed. 
 
 RULE SIXTEENTH. 
 
 Writs of Garnishment, shall be issued by the Clerk, with 
 the usual test, and under the seal of the Court; and whenever 
 issued in vacation shall be made returnable to the next sue" 
 ceeding term: if issued during the term, then to a certain day 
 in the term. And on or before the Return Day mentioned in 
 the said writ, an appearance may be entered in the Clerk's 
 office; in like manner and on or before the Return Day men- 
 tioned in the said writ, the person or persons to whom the said 
 writ of Garnishment is directed shall file in the office of the 
 Clerk, answers to the interrogatories annexed to the said writ. 
 
 RULE SEVENTEENTH. 
 
 If the person or persons to whom the writ of Garnishment 
 is directed, shall require further time, than that which may be> 
 between the service and the return of such writ, to make his 
 answer to the interrogatories, or any of them: he may apply 
 for such further time, setting forth the reasons which make 
 such an extension of the time as he may ask for necessary: 
 and specifying the question or questions for which he may ask 
 it. And such statements shall be made upon oath: and notice 
 of such application shall be serve^ upon the District Attorney 
 
 RULE EIGHTEENTH. 
 
 In any case arising under this Act, in which the Receiver 
 shall have reason to believe that the subject matter of the suit is 
 in danger of loss, injury, destruction or waste, pending litigation; 
 he shall file an application to the Court stating the particular 
 loss, injury, destruction or waste to which it is exposed or may 
 be hable, and asking such order therein as maj^ seem to him 
 necessary. And thereupon such ord0)p will be made, either for 
 the sale or other disposition of it, as may seem proper to the 
 Court. 
 
22 
 
 RULE NINETEENTH. 
 
 "Whenever the Receiver intends to test the truth of the re- 
 turn made by the garnishee to the writ of garnishment, he 
 shall file with the Clerk a statement in writing, in the form of 
 exceptions to the said return: in which shall be set forth in 
 distinct articles, the particular matter or things, concerning 
 which, he may alledge that such garnishee has not answered 
 truly. And to such statement, the garnishee may reply by 
 way of plea or answer, in support of his return. And to such 
 plea or answer, the Receiver in the name of the Confederate 
 States, shall file his replication. And the time to be allowed 
 in each case, for the garnishee to file his plea or answer to such 
 statements, and for the replication to the said plea or answer* 
 shall be fixed according to the circumstances of each case by 
 the order of the Court. 
 
 RULE TWENTIETH. 
 
 On the first day of each and every month, commencing with 
 and from the first day of November next ensuing, each Re- 
 ceiver shall file with the Clerk, a true and perfect account of 
 all matters in his hands or under his control under the law: and 
 make and state a just and true account of all matters connected 
 with each estate of an Ahen Enemy of which he is a Receiver. 
 
 RULE TWENTY-ONE. 
 
 Wherever, under any of the foregoing rules, personal or 
 other service of any petition, process or other paper issuing 
 from the Court, shall be required; the same may be made by 
 ihe appearance of the Attorney or Solicitor in behalf of the 
 person or persons, named in such petition, process or other pa" 
 per, and upon whom such petition, process or other paper was 
 directto^ to be served. 
 
23 
 
 ADDITIONAL RULES. 
 
 CHIEFLY APPLICABLE IN CASES IN OTHER DISTRICTS THAN 
 
 CHARLESTON. 
 
 I. 
 
 The Deputy Marshal of each District or Section, under the 
 charge of a Receiver, instead of making his return to the oflSce 
 of the Clerk as directed in the 2d Rule, shall make it to the 
 Receiver by whom the petition was delivered to him. 
 
 II. 
 
 All cases arising under the said Act in the Districts of Lan- 
 caster, Chester, York, Union, Spartanburg, Greenville, Ander- 
 son, Pickens, Abbeville, Edgefield, Newberry, Laurens, and 
 Fairfield, shall be tried at the Court to be held in Greenville. 
 All cases arising under the said Act in Charleston, Beaufort, and 
 Colleton, and Georgetown shall be tried at Charleston. All 
 cases arising in any other Districts than those named shall be 
 tried at Columbia. 
 
 III. 
 
 Any business under this Act, which could not be disposed of 
 at Columbia, may be transferred to Charleston: and business 
 which could not be disposed of at Charleston may be trans- 
 ferred to Columbia. 
 
 lY. 
 
 The Deputy Marshal for each District or Section shall in a 
 proper book, duly enter each petition, writ, process or other 
 paper which may come to his hands to be served: stating the 
 parties thereto ; by whom lodged and when ; and when and to 
 whom return of the same was made. And said book shall be 
 by him produced at the court, where a case is to be disposed ofr 
 in which he has served such petition, writ, process or other 
 paper. 
 
 V. 
 
 Ea*h Receiver ovi, of Charleston Pistrict will make up the 
 
24 
 
 account required in the 20th Rule, to the first day of the month: 
 and on that day shall lodge the same in the postoffice where he 
 resides, addressed to the Clerk of the District Court of the 
 Confederate States at Charleston. And such account, in addi" 
 tion to any other time in which he may be required to vouch 
 the same, shall always be vouched by him, at the first day of 
 the term of the court, at such place as he may be required to 
 make the cases returnable which are in the section confided to 
 him. 
 
 VI. 
 
 All money's which may be received by any receiver, shall be- 
 deposited by him immediately after the receipt thereof in some 
 incorporated bank of the State, of any of the Districts which 
 compose the District or section of which he is Receiver. 
 
 VII. 
 
 All answers to petitions, returns of garnishees, and other 
 matters concerning w^hich parties who have in their custody, 
 control, power or possession, estates, property or effects of 
 Alien Enemies, are or may be ordered or required to make dis- 
 covery, answer or return, may be filed in cases which are to be 
 tried at Columbia or Greenville, may be filed Avith the Re- 
 ceiver of the Confederate States at either place. And such 
 Receiver shall safely keep such paper ; and give notice thereof 
 to the Clerk of the District Court of the Confederate States at 
 Charleston. 
 
25 
 
 APPENDIX OF FORMS. 
 
 I. 
 
 RETURN. 
 
 CONFEDERATE STATES. Sequestration Act, 1861. 
 
 Return of of property and effects ol 
 
 Alien Enemies, in his possession or control since the 21st day 
 of May, 1861. 
 
 Names of Alien Enemies. Description of Property. Amount. 
 
 Sworn to before me this 
 
 day of 
 
 A. D. 1861, 
 
 II. 
 WRIT OF GARNISHMENT. 
 
 CONFEDERATE STATES OF AMERICA, \ 
 South Caeolina 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 eiiects of aUeii enemies, and for the 
 indemnity of citizens of the Confcdeiate States and persons 
 aiding the same in the existing war with the United States; has 
 requested that a Writ of Garnishment, under the said Act, 
 should issue to commanding him to 
 
 appear and answer under oath, what property or effects of any 
 alien enemy he has at the service of this Process, or since has 
 had under his possession or control, belonging to or held for an 
 alien enemy; or in what sum he is or was at the time of the ser- 
 vice of the Garnishment, or since has been indebted to an alien 
 enemy. 
 
 4 
 
26 
 
 You are therefore by these Presents ordered and required to 
 summon the said to be and appear 
 
 before the District Court of the Confederate States for the 
 District of South CaroKna, at its sitting in 
 on the day of next, then 
 
 and there to answer in the premises : and upon his oath fully 
 and particularly to answer the interrogatories hereto annexed, 
 and to set forth and discover what lands, tenements and here- 
 ditamentSf goods and chattels, rights and credits of any alien 
 enemy, he had at the service of this process, or since has had 
 in his custody, control, power or possession, to the end that 
 according to his answer,^and such further proceedings as may 
 be had therein, such property and effects of the alien enemy 
 may be condemned and sequestered under the provisions of the 
 aforesaid Act 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 shall do in the premises, you shall make 
 true return thereof, at the time and place aforesaid. 
 
 Witness, the Hon, A. G. Mageath, Judge of the Confederate 
 States, this day of A. D. 1861. 
 
 To < 
 
 You are hereby notified to appear before the District Court 
 of the Confederate States, at its sitting in 
 on the day of next, then and 
 
 there to answer in writing and upon oath, the interrogatories 
 annexed to the within Writ. 
 
 H. Y. GRAY, Clerk C. S. District, So. Ca. 
 
 INTERROGAT ORIES ADDRESSED TO 
 
 1. Have yon now, or hiave you had in your possession, or 
 under your control since the twenty-first day of May last ? 
 (1861,) and if yea, at what time, any land or lands, tenemeirt oT 
 tenements, hereditament or hereditaments, chattel or chattels, 
 right or rights, credit or credits, within the Confederate States 
 of America, held, owned, possessed or enjoyed for or by an alien* 
 enemy : or in or to which any alien enemy had, and when, since 
 that time, any right title or interest, 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 interest, 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 i» 
 and by whom held. 
 
27 
 
 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 lands, tenement or tenements, 
 hereditament or hereditaments, chattel or chattels, rights, 
 credit or credits, within the Confederate 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 forth specifically and particu- 
 larly what and where the property is, and the name and resi- 
 dence 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. Receiver. 
 
 Note — The garnishee in the foregoing interrogatories, is spe- 
 cially warned, that the Sequestration Act makes it the duty of 
 each and every citizen to give the information asked in said 
 interrogatories. — [Act of ZOth Augtist^ 1861, Section 2.] 
 
 And if any attorney, agent, former partner, trustee or other 
 person, holding or coiilrolling any property or interest therein, 
 of or for any 'alien enemy, shall fail speedily to inform the 
 Beceiver of the same, and to render him an account of such 
 property or interest, ho sliall 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 Uable to pay besides to the Confederate 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 
 pf practice for the Courts, by virtue of the authority vested in 
 l^im 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. 
 
28 
 
 III. 
 
 PETITION. 
 
 m THE DISTRICT COURT. 
 
 CONFEDERATE STATES OF AMERICA, \ 
 South Caeolina District. ] 
 To the Hon. A. G. 3Iagratk, 
 
 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, re- 
 spectfully 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 Aotrecognizing the existence of ivar between 
 tjie, United States and tjie Confederate States; and concerning 
 Letters of Blarque, 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 ejects of Alien Enemies, and for the 
 indemnify of Citizens of the Confederate States, and persons aiding 
 the same in tJie existing loar with the United States," approved on 
 the 30th day of August, A. D. 1861, all and every the lands, 
 tenemetits and hereditaments, good and chattels, rights and 
 credits, within these Confederate States, and every right and 
 interest therein held, owned, possessed or enjoyed, by or for 
 any alien enemy, since the twenty-first day of May, one 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 said Act, 
 are sequestrated by the Confederate States of America, to be 
 held for the indemnity of certain citizens of the said Confede- 
 rate 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 or for certain alien 
 enemies to wit, 
 
29 
 
 And that the estate, effects, property and interests of the alien 
 enemies aforesaid, are, when ascertained, Hable to be seques- 
 trated by notice of the Act of Congress aforesaid. 
 
 Wherefore your Petitioner, in the name and behalf of the 
 said Confederate States, prays that process in due form of law 
 according to the course of this Honorable Court, in cases of this 
 nature, may issue against the said 
 
 and all other persons holding, exercising supervision over, in 
 possession of, or controlhng all and singular the lands and tene- 
 ments, goods, chattels, rights and credits, or any interest therein 
 of the alien enemies aforesaid, that he and they may be required 
 upon oath, to answer, set forth and discover whether the said 
 
 are not alien enemies of the 
 Confederate States, and whether the property and effects here- 
 inbefore specified, or any interest therein, are held or controlled 
 by them or either of them for the alien enemies aforesaid, or 
 any or either of tliem, or for any other alien enemies ; and 
 whether they or any or either of them have any custody, pos- 
 session or control, of any other lands, tenements, hereditaments, 
 goods, chattels, rights and credits, of the alien enemies afore- 
 said, or any or either of them; and whether they or any or 
 either of them have any claim or lien on any of the property 
 and effects aforesaid.. 
 
 And that your Petitioners may be entitled to Writs of Gar- 
 nishment, to be issued out of and under the Seal of this Honora- 
 ble Court, and directed to such other persons as may have in 
 their possession, custody or control, any other property and 
 effects of the alien enemies aforesaid, or any or either of them. 
 And that the said property and effects of the alien enemies 
 aforesaid, and all other property belonging to the said alien 
 enemies, or in which they may have an interest, which shall be 
 discovered and be brought within the jurisdiction of this Court, 
 may be sequestrated according to the provisions of the Act of 
 Congress aforesaid, for the uses and purposes in the same 
 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 
 eeem meet. 
 
 Aud your Petitioner will ever pray, &c. 
 
 C. R. MILES, C. S. Dist. Att'y, pro tern. 
 
 K- 
 
30 
 
 V. 
 
 APPLICATION TO INTERVENE. 
 
 IN THE CONFEDERATE COURT. 
 
 SOUTH CAROLINA DISTRICT. 
 
 TEE CONFEDEBATE STATES OF AMERICA,) 
 
 vs. V 
 
 An Alien Enemy. ) 
 To the Hon. A. G. Magrath, Judge of the said Court. 
 The Petition of respectfully showeth, 
 
 that he has an interest in the subject-matter of the said suit, 
 and prays to be admitted as a Defendant, and allowed to defend 
 to the extent of his interest. 
 
 IV. 
 FORM OF AN ANSWER. 
 
 IN THE CONFEDERATE COURT. 
 
 SOUTH CAROLINA DISTRICT. 
 
 TEE CONFEDERATE STATES OF AMERICAA 
 
 vs. > 
 
 An Alien Enemy. ) 
 
 To the Hon. A. G. Mageath, Judge of the said Court. 
 The answer of to the Petition in the above 
 
 stated cause, praying sequestration of the property of 
 an Alien Enemy ; respectfully showeth : 
 
 vVherefore the said prays that the interest now 
 
 propounded, be protected in the decree for sequestration prayed 
 for in the said Petition; and that such order may be made in the 
 case as to the said Court may seem meet. 
 
 Affidavit annexed to the Answer, 
 
 Personally appeared and makes oath, that no Alien 
 
 Enemy has any interest in the right set forth in this answer, 
 which he asserts and for which he litigates, either directly or 
 indirectly, by trust, open or secret; that he litigates wholly for 
 himself. 
 
 [If he litigateB for some other, strike out the three last words and conclude with the following :] 
 
 for whom he legally represents, who is a citizen of 
 
 ; 
 / 
 
31 
 
 the Confederate States, 
 
 [Or if a citizen or subject of some other power, describe him as tach.] 
 
 and that the said whom he represents, resides in 
 
 [Or if any other relation exists between him and the Defendant, than as above stated, set it forth.] 
 
 Sworn to before me, this day of A. D. 18 — . 
 
 VI. 
 JUDGMENT* 
 
 IN THE DISTRICT COURT OF TEE CONFEDERATE STATES, ) 
 
 ^ ouTH Carolina District, j 
 
 The Confederate States of America, vs. 
 an AHen Enemy. 
 
 And Whereas upon the hearing of the Petition in the afore- 
 said cause, and all other papers to the same relating, together 
 with the evidence produced before tlic Jurors, to whom by 
 the order of the Court, the same were submitted : they the 
 gaid Jurors, that is to say, 
 
 being duly sworn, did in open Court, find by their verdict, then 
 and there given, that the property mentioned in the said Peti- 
 tion is and has been since the 21st day of May, A. 1). 1861, the 
 property of an Alien Enemy : Therefore it is now by the said 
 Court ordered that the said property be sequestered for tlie 
 US3 of the Confederate States of America, according to the Act 
 of the V- ongress of the Confederate States of America, No. 269, 
 approved the 30th day of August, A. D. 1861. And that the 
 mandate of this Court forthwith issue to the Receiver, to take 
 the possession, control and management of the said property 
 for the use of the Confederate States of America. 
 
 VII. 
 COMMISSION TO SEQUESTRATE. 
 
 CONFEDERATE STATES OF AMERICA, \ 
 South Carolina District, j 
 
 To Receiver, 
 
 Whereas, certain proceedings have been had in the District 
 Court of the Confederate States, for the District of South Caro- 
 lina, sitting as a Court of Sequestration, under the Act of the 
 Confederate Congress, entitled "An Act for the Sequestration 
 
8 32 .,. 
 
 of the Estate, Property and Eflfects of Ali^n Enemies, and for 
 the indemnity of Citizens of the Confederate States, and persons 
 aiding the same in the existing war with the United States," in 
 which it was propounded to the said Court, that within its 
 jurisdiction certain property, to wit : 
 
 was the property of an aHen enemy of the 
 
 Confederate States of America : and subject to sequestration 
 under the provisions of the said Act : and upon due considera- 
 tion of the matters then propounded, the said Court did adjudge 
 and decree the said property hereinbefore described, to be the 
 property of the said an aUen enemy : and 
 
 under the authority of the said Act of the Confederate Con- 
 gress, did further adjudge and decree, that the said property 
 should be sequestered. 
 
 Now Know Ye, That in confidence of your prudence and 
 fidehty, full powder and authority are given you to enter upon 
 the necessary lands, tenements and real estate whatever of 
 the said and to collect, receive and 
 
 sequester into your hands for the Confederate States of America, 
 not only all the rents and net profits of the messuages, lands, 
 tenements and real estate, but also the goods, chattels and per- 
 sonal estates whatsoever, of the said 
 
 And therefore you are commanded to go and enter upon all 
 the messuages, lands, tenements and real estate of the said 
 
 and collect, take, and get into your 
 hands not only all the rents, and net profits of the said real 
 estate, but also all his goods, chattels, and personal estate, and 
 detain and keep the same pursuant to the provisions of the 
 aforesaid Act of the Congress of the Confederate States : and 
 to the said Court you will make correct return of what you may 
 do in the premises. 
 
 "Witness, the Hon. A. G. Magrath, Judge of the District Court 
 of the Confederate States, for the District of South Caro- 
 lina, this day of A. D. 1861.