^f -^r i-^»l&. SEQUESTRATION ACT, PASSED BV THE CONGltESS THE CONFEDERATE STATES. APPROVED AUGUST 30, ijjGl RICHMOND: TYLER, WISE AND ALLEGRE, PRINTERS, £}iquirer Job Office- 1S61. J.^.l&. 3^ I f I Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/sequestrationacOOconf p A^^-, /e^.^^ />CL ji^^£^^~ ^^A^ ^/^^^ /^^^^ ^," existina: war with the United States. Whereas, The Government and people of the United ^y States have depart^nl from the usages of civilized ■warfare ii. - j^ — confiscating and destroying the property of the people of the '^^ Confederate States of all kinds, whether used for military purposes or not; and whereas, our only protection against *^'^^^^ such wrongs is to be found in such measures of retaliation as will ultimately indemnify our own citizens for their losses, -<^ * '^-^ and restrain the wanton excesses of our enemies : Therefore — Section 1. Be it enacted by the Congress of the Co7ifederat( ^^^ I ■^^•-^K^ {States of America, That all and every the lands, tenement.: •A*•^^> uf and hereditaments, goods and chattels, rights and credits .tvJ^jk *.^ .//^ — within these Confederate States, and every right and inter- c ■• \ ^ * est therein held, owned, possessed or enjoyed by or for any •^'^^^••%»*^ ^^^ ^ alien enemy since the twenty-first day of May, one thou- sand eight hundred and sixty-one, except such debts due t - an alien enemy as may have been paid into the Treasury of ^^^ , ^^ any one of the Confederate States prior to the passage of this law, be, and the same are hereby, sequestrated by the Confedf- ' «- A. ^y^ r^ie States of Amcricrr, and shall "be held for thc*full indern- ^ nity of any true and loyal citizen or ret-idcnt of these Confed- ' / ^^^,,/^ erate States, or other person aidrff^ said-€onfcderate State> in the prosecution of the present war between said Confed- erate States and the United States of America, and for which he may suffer any loss or injury under the act of the United States to which this Act is retaliatory, or under any other act of the United States, or of *miy ■Statc-t-h-ercrrf authorizing the seizure, condemnation, or confiscation ot the property of citizenrS or residents of the Confederate States, or other person aiding said Confederate States, and the same shall be seized and disposed of as provided for in this Act : Provided, however. When the estate, property or rights to be effected b}- 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 claiming the same from and after the day such State so be- came a member of this Confederacy, and not before : Pro- vided, further. That the provisions of the Act shall not ex- tend to the stocks or other public securities of the Confederate Government, or of any of the States of this Confederacy held or owned by any alien enemy, or to any debt, obliga- tion, or sum due from the Confederate Government, or any of the States, to such alien enemy : Ajid provided, also, That the provisions of this Act shall not embrace the pro- perty of citizens or residents of either of the States of Delaware, Maryland, Kentucky or Missouri, or of the Dis- trict of Columbia, or the territories of New Mexico, xVrizona, or the Indian Territory 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 existins: war a;:raiust the Confederate States. Sec. 2. A?id be it further enacted, That it is, and shall be, ^ ^o AfM syi^^ he duty of each and every citizen of these Confederate » / ' States speedily to give information to the officers charged ^ A***-' ' with .the execution of* this law of any a^id et6ry fands, M^0kfT^t'^% tenements and hereditaments, goods and chattels, rights /^ it :5nd credits Avithin this Confederacy, and of every right and ]/ ' interest therein hold, owned, possessed or enjoyed by or ^ ^ ^ for any alien enemy as aforesaid. Sec, 3. Bz it further enacted. That it shall be the duty of <^^ ^--Ck, every attorney, agent, former partner, trustee or other per- son jioldi n^ or controlling any such lands, tenements or LtKjz^^u hereditaments, goods or chattels, rights or credits, or any interest therein, of or for any such alien enemy, speedily to inform the lleceTver hereinafter provided to be appointed, of the same, and to render an account thereof, and, so far :is is practicaldo, to place the same in the hands of such' Receiver ; wliereupon, such person shall Ix) fully acquitted ijI' a 1 1 r es p o n s i I > i H \ y for property and effects so reported and turned over. And any such person wilfully failing to give such information and render such account shall be guilty of a high misdemeanor, and upon indictment and convic- tion, shall be fined in a sum not exceeding five thousand dollars and imprisoned not longer than six months, said fine and imprisonment to bo determined by the court trying 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 alien enemy held by him or subject to. his control. ^^.^^//y Aji^^<.^^ jL^. iZju. a> : /.^.^^ ^-c/ ^-^' ^ ^--..^ /I m r '^V a^a F ^furU^d^^ Sec. 4. It shall be the duty of the several Judges of this Confederacy to give this Act specially in charge to the Grand Juries of these Confederate States, and it shall be their duty at each sitting well ami truly to enquire and report all lands, tenements and hereditaments, goods and chattels, rights and credits, and every interest therein, within the jurisdic- tion of saitl Grand Jury, held by or for any alien enemy, and it shall be the y him, then it shall be the duty of the Judge to divide the district or section into one or moretther receivers' district:-, ,^^ according to the necessities of the case, and to ^appoint a R.eceiver for*^acn of j^aid-Tjewly created- districts. An I every such Receiver sliall also, before entering upt)i>4:hj duties of his office, make oath in Avriting before, the Judg. of the district or section for which he is appointed, dili gently, well and truly to execute the duties of his office. Si.:c. 6. B". it furthtr amcted. That it shall be the duty < t the several Receivers aforesaid to take the possession, con trol and management of all lands, tenements and heredita uients, goods and chattels, rights and credits of each an 1 every alien enemy within the section for which he acts. And to this end he is empowered and required, whenever necessary for accomplishing the jnirposes of this Act, to sue for and recover the sanity in the name of said Confederate States, allowing, in the recovery of credits, such delays as I ' may have been, or may be, prescribed in any State as to the collection of debts therein during the ^var, And the forui and mode of action, whether the matter be of jurisdiction iu law or equity, shall be by petition to the court setting forth, as 1)est he can, the estate, property, right or thing sought to be recovered, with the name of the person holding, exer- cis ingj supervision over, in possession of or controlling tHe same, as the case may Te, and pra^'ing a sequestration thereof. Notice shall thereupon be forthwith issued by the olerk of the court, or by the Receiver, to such person, with a copy of the petition, and the same shall be served by the Marshall or his deputy and returned to the court 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, ar any time, make all ordei-s of SQ.iziixe that may seem neces- sary to secure the subject matter of the suit from danger of loss, injury, destruction or Avaste, and may, pending the f"Uise, make onlers 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 Confc'Ierate Judge shall find it to be consistent with the t-afe-keeplng of the property so sequestered, to leave the '-ame in the hands and under the control of any debtor'or l-'erson in wdiose hands the real estate and slaves were seizedl who may be in possession of the said property or credits; he shall oixler the same to remain in the htmds and under the control of said debtorior person in whose hands the real es- tate and slaves were seized; requiring in every such case ))y such further orders as the court may riie premises. But this proviso shall not apply to bank or other corporation stock, or dividends due or which may be 4!ue,thereon, or to rents on real, estate in cities, ^x\(\ no debtor or other person shall be entitled to the benefit of this proviso unless he has first paid into the hands of the Re- ceiver all interests or net profits which. may have accrued since the twenty-first May, eighteen hundred and sixty-one ; and, in all cases eoming under this proviso, such debtor f-liall be bound to pay over annually to the Receiver all in- 'erest which may accrue as the same falls duo; and the per- s'.n in whose haul< any other property may be left shall b? b .-uu 1 ro account fi>r, aud pay ovQr annually to the Rx-eivors ^'^M' ^t_<^l^y^ Sc^'L.czA. /!z /a^^^C* ''^^^ ^^.«-^ — X^. » /2a^ Cvjin^^ S, /T"C_ /^^/Vi^V tf^ t-^ A>-^*.y U /Lk^ ^i^C^^t^J^ the net income or profits of said property, and on failure of such debtor or other person to pay over such interest, net income or profits, as the same falls due, the Receiver may demand and recover the debt or property. And, 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 satisfaction of the court that the securities of such debtor or person are not ample, the court may, on the failure of the party to give sufficient additional security, render judgment against all the parties on the bond for the recovery of the debt or pro- perty : ProvifM, farther. That said court may, whenever in the opinion of the Judge thereof the [uiblic exigencies may require it, order the money due as aforesaid to be demanded by the Receiver, and if upon demaml of the Receiver, made in conformity to a decretal order of the court requiring said Receiver to collect any debts for the payment of which se- curity may have been given under the provisions of this Act, ^thc debtor or his security shall fail to pay the same, then ■ upon ten days' notice to said debtor and his security, given by said Receiver, of a motion to be made in said court for judgment for the amount so secured, said court, at the next term thereof, may proceed to render judgment against said principal and security, or against the party served with such notice, for the sum so secured with interest thereon, in the name of said Receiver, and to issue execution therefor. Sec. 7. Any person in the possession and control of the subject matter of any such suit, or claiming an}^ interest therein, may, by order of the court, be admitted as a defen- dant and be allowed to defend to the extent of the interest propounded by him ; but no person shall be heard indefencc 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 assorts, 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 Confe- derate States whom ho legally represents; and when the defence is conducted for or on account of another, in whole or part, the plea shall set forth the name and residence of such other person, and the relatiou that the defendant bears to him in the litigation. If the cause involves matter which should be tried by a jury according to the course of the common law, the defendant shaH be entitled to a jury trial. If it involves matters of equity jurisdiction, the court shall proceed according to its usual mode of procedure in such cases, and the several courts of this Confederacy may, from time to time, establish rules of procedure under this act, not inconsistent with the act or other laws of these Confederate States. Sec. S. Be it further enacted. That the clerk of the court shall, at the request of the receiver, from time to time, issue writs of garnishment, directed to one or more persons, com- manding them to appear at the then sitting, or at any fu- ture term of the court, and t^ -onswer under oath wdiat pro- perty or eftects of any alien enemy he had at the service of fiU. / ^^^ ■ ^^^® process, or since has had under his possession or control if '^' ' ])el()nging 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, ^ K . * or since has been indebted to any alien enemy, and the court " r^ ^i\ty^~ shall have power to condemn the property or effects, or debts, o-^^Cc-^^^^L^ /L. according to the ansAver, and to make such rules and orders for the bringing in of third persons claiming or disclosed by the ansAver to have an interest in the litigation as to it shall lo'ir-^.-^iUK. U^