[IloL'st Bill, No. Ml.] 
 
 --."■' U \ 
 HOUSE OF UEPRESENTATIVES, May 26, I<sti4.— Read first 
 ami second times, hud on the table, and ordered to be printed. 
 
 [By Mr. Garland, from the Committee on the Judiciary.] 
 
 ./\. BILL 
 
 To be entitled An Act to provide for the settlement of certain mat- 
 ters of account growintr out of purchases of property as alleged by 
 the purchasers for the use of the Government, by Payne & Co., in 
 the State of Texas. 
 
 1 Whereas, William J Payne, George B. Payne, Hezekiah 
 
 2 Payne, and John 1. Berry, under the name and style of Messrs. 
 
 3 Payne & Co., some time during the year A. D. 1862, with the 
 
 4 assent and approbation of an agent and officer of the Govern- 
 
 5 ment of the Confederate States, as they alleged, did purchase a 
 
 6 large number of beeves and other property from various citizens 
 
 7 of diff'erent counties of the State of Texas, for the use and bene- 
 
 8 fit, as alleged by said Payne & Co., of the Confederate States ; 
 
 9 and whereas, said Payne & Co., in paying for the property pur- 
 
 10 chased as aforesaid, as it is alleged, delivered to the parties from 
 
 1 1 whom such purchases were made, counterfeit treasury notes of 
 
 12 the Confederate States,, to an amount, as asserted, of over one 
 IS hundred thousand dollars, and in consequence of which, said 
 
2 
 
 14 parlies -were greatly defrauded by said Tayuc & Co. ; and 
 
 15 whereas, the Government of the Confederate States, through its 
 
 16 agents or officers, received, took charge of, and appropriated to 
 
 17 its own use the property purchased by said Payne & Co., b.ut the 
 
 18 Government has fipt as- yet paid for such property, and declines 
 
 19 and refuses to do so, in consequence of the losses incurred by 
 
 20 the parties who, sold the same to said Payne & Co., and until the 
 
 21 necessary proof can be taken in the premises, in order that such 
 
 22 parties may be fully reimbursed ; and whereas, as appears by 
 33 the records of the War Department, an. account to the amount 
 
 24 of one hundred and seventy thousand dollars has been stated and 
 
 25 found by the Commissary Department heretofore at Jackson, in 
 
 26 the State of Mississippi, to be due by th*e Government of the 
 
 27 Confederate States for such property ; and the said Payne & Co. 
 
 28 claim, in addition to this sum, to be entitled to sixty thousand 
 
 29 dollars, making in the aggregate, two hundred and thirty thou- 
 
 30 sand dollars ; and whereas, the Legislature of the State of 
 
 31 Texas, having, by joint resolutions, requested the Senators and 
 
 32 Representatives from that State to use their efibrts to have some 
 
 33 action taken by Congress to ensure a settlement of the rights of 
 
 34 the parties interested in said transaction ; Therefore^ 
 
 1 Section 1. The Congress of the Confederate States of America 
 
 2 do enacty That the Messrs. Payne & Co. may, by themselves or 
 
 3 • through their legally appointed agent or attorney, file their peti- 
 

 4 tioii or stateiueut in writing in the District Court of the Con- 
 
 6 federate States in and for the western district of the State of 
 
 6 Texas, setting forth their claim to pay for the property aforesaid, 
 
 7 against the Government of the (^'onfederace States, and after 
 
 8 serving at least thirty da^'s" notice upon the district attontey in 
 
 9 and for such district, of the pendency and object of such peti- 
 
 10 tion, the Same shall be docketed regulai'ly in said court, and 
 
 11 progress as a suit accor.ding to the rules and forms of practice of 
 
 12 such court. 
 
 1 Sec. 2. All parties that may feel themselves interested in, 
 
 2 and that may desire to be reimbursed for losses sustained by 
 
 3 reason of such purchases, out of the fund to be paid for such 
 
 4 property, after publication of the pendency an.d object of such 
 
 5 suit by said Payne «i: Co., in some newpaper published in said 
 
 6 district by at least four weekly insertions, the last of which shall 
 
 7 be at least thirty days before the return term of such cause, may 
 
 8 appear and interplead in said cause, propound their claims and 
 
 9 take proof to establish the same before said court. 
 
 1 Sec. 3. Said court shall have, and it is hereby invested with 
 
 2 full authority and pow^er to hear, determine, and settle all the 
 
 3 questions arising in said cause, and . its judgment off decree 
 
 4 therein shall be final and conclusive, and any party by himself 
 
 5 or through his agent or attorney, presenting a duly certified 
 
 6 copy of the judgment or decree in his favor against such fund, 
 
•I 
 
 7 to the Treat-urer of liie Oonfeileiatc States at the seat of Gor- 
 
 8 erament. or the .»o;ent for the Treasury of the trinsTMississippi 
 
 9 department, sh;ili 'oe pai'l the amount so ailjudg"'! to he due 
 |(> him out of Huy luouey then reraaiinug tiuo from the tnivernnient 
 
 I I to said Payne Si, Co. ; and the receipt of the party or his agent 
 
 12 as aforesaid endcrserl upon said copy of tlie judgment or decree, 
 
 13 shall be a sufficient voucher in favor of the officer paying the same. 
 1 Sec. 4 Should the said Payne & Co., refuse or fail to file and 
 3 prosecute their claim for pay within the next twelve months, this 
 
 3 shall not preclude the parties who may believe themselves enti* 
 
 4 tied to reimbursement, in consequence of losses by reason of 
 . 5 such purchases aforesaid, from setting up their own claims; but 
 
 6 Buch parties or any of them may institute proceedings in such 
 
 7 district court and prosecute the same to final hearing as provided 
 
 8 in sections one and two of this act ; and they may receive pay 
 
 9 out of such fund when adjudged due them by such courtas pro- 
 10 vided in section three of this act ; but such court shall not find 
 
 I I due said Payne & Co., nor any of the parties seeking reimburse- 
 
 t 
 
 12 ment, any sum greater than that claimed by the party in whose 
 
 13 favor such finding shall be had; but as judgment shall be en- 
 
 1 4 te»ed in favor of any of the claimants under thi« act until they 
 
 15 furnish satisfactory proof to tho court that the forged notes origi- 
 
 16 nally received by them have been destroyed, or unless the said 
 
 17 notes are deposited in court.