[liorSK IJiLL, No. 203.] HOUSE OF UErRKSKNTATIVEa. November 15, I8G4.— Read first au'\ pcc( ivl tifnc^. tna*lo sp< ■ r for Thursday week, and fr-in '1,1 V t'< til \ . :iii'i (ird'-K il In 1. llJy -Hr. ''UK, froiii ^-OTumi't'.-c on f 11 schedule in writing, on oath, to be administered ty aaj offiotr 12 aathoriied, by the laws of the State where the scbedvie ii IS prepftred, to adaimiiter oaths, of all the property, real, personal ]4 and mixed which he possessed id bis own right at the time of hia 1.^ entrv into the pablic service, and the value thereof. This ], •'■ . ,1,iTo -.].]'. rip-tlw)- '•"iiTiiin :i •^i;i'C'nH'Ilt 1 : I of all jifopcrt) of cvtr^' ucs>crJi;Uyu which he may possess in 18 hii own light at the lime of his making and verifying the same. If II. Of all property of every description purchased or possessed o,i .;, ,.^ },;, ^ntry into the public service and sold or transferred by 2 1 liiUk. 2S III. Of all property of every description, including bills of ?? CTchnn;jc. pr-smi^orv mtr^, ?trtcV? shares, mortgages, certificates ., ^l^;lll.■^ iii.ii Lirui..-, ujv owncrship of which has been 2u ciianged, and in which be has or may have had an interest siuoo S6 his entry into the public service. 27 IV. Of all prnpcrty of every description and pecuniary interest t8 accjuired Miito inb cutrv iiito the public service, and held in the 29 name of his wife, or any member of his family, or held in the SO name of another for the use or benefit, or in trust for himself, 31 bis wife, or anv mrinl'cr of bis family. St V. A dc'^crJJ.l; 'II ui aii mourvh, valuat)le9, bills of exchange, S3 promisory notes, certificates of deposit, shares in any company 34 or bank, whether corporate or incorporate, actjuircd in >Yhole or 35 i** part since his entry into the public service by himself or his 36 wife, or any member ot inf niiiiuy. 37 VI. A statement of the indebtedness of said officer or employee, -T-v ^. 58 which has been pnid or otherwine dischargod since his entry into ^^ 39 the public service, giving the names and residence of the credit- 40 ors. 1 Skc. 2, The person making thin schedule shall triplicate it ; 8 one to be filed with the Adjutant and Inspector Genaral, one with 3 the clerk of tho District Court of the Confederate States, within 4 the jurisdiction of which said officer or employee shall be located 5 when this schedule is prepared, and one in the office of the clerk 6 of the Circuit Court of the State where the officer or employee 7 resided at the time of his entry into the public service. And if 8 not filed with the Adjutant and Inspector General within five 9 months after the passage of this act and regularly thereafter lit pvery ?>ix months, it shall be his duty to report the name of each 1 1 delinquent to the Confederate States Attorney for the district 12 where the officer or employee may be, or may last have been, 1 .J -^n 'lutv. anl ih" siid A'tornpy'^shan immediately cause the 14 ■ ^ai I court to issue a suirnnoiis ior said delinquent, re- lo tamfrOle (o the o'ixt term of said court, to compel the filing of \C «ai(l tcbeda]e,or in ca§e of refusal or failure, he nhall be deemed 17 ^Mi.'ty of eootempt of court and fined and imprisoned at the dit- i -^ crrtion of the court ; and in addition thereto, he ehall be liable IM to the action hereinafter provided for : Pronded, That officen SO »nd their «»mployeeii who, eioce their entry into the pablie ter- tl vice, have continuoaslj eenred with troops in the fieU ihall not 4 23 be required to triplicate said schedule, but file one copy thereof 23 at the time stated with the Adjutant and Inepector General, 24 transmitting the same through the regular channel of commu- 25 nication. 1 Sec. 3. Should the schedule disclose an accumulation of prop- 2 erty, real, personal or mixed, beyond the natural increase thereof, S the Adjutant and Inspector General and the clerk of the District 4 Court shall notify the Confederate States Attorney for the dis- 5 trict where the officer or employee making the schedule may be, 6 and the District Attorney shall cause a summon to bo issued by 7 the clerk of said district, returnable at the next term, to said 8 officer or employee, and their securities on their official bond, to 9 show cause why further proceedings should not be ordered. And !'• should said accumulation be not satisfactorily accounted for to 1 1 the court, the court shall direct an issue to be made up, and the 12 rules re,i::ulating the trial of th<> rif:ht oT nronovty or in tiilini/c IS shall prevail, except, that the burden ol proof shall be on the , 14 officer or employee to show that the ar(|uisition was legitimately 15 obtained. The issue shall be made on the petition of the district IG attorney, setting forth the bond or n ff.py (horeof, of tlie oihcer 17 or employee and his securities, if jnd:rmcnt is desired against 18 the securities ; and the facts on which the attorney relics for a 19 recovery, and if the viHict is for the Confederate States, Judg- 20 ment shall be entered accordingly against the defendants to the 21 amount of the bond, (if so much should be awarded by the jury,) 22 and should the bond not cover the amount of the verdict, judg- 23 raent for the residue shall be entered against the officer or em- 21 ployeo ; and the court may direct a money judgment to be entered 25 or a judgment for the specific property, or both, and the cost on t6 which e.reciition shall issue, and the officer or employee may be, 27 by ordor of the court, imprisoned till the judgment is finally 28 discharged, or the court may vender such special judgment as S9 will protect the Government from all loss in tho premises. The 30 money when collected, to be paid to tho Secretary of the Trcas- 31 ury or other officer authorized by him to receive the same. The 32 District Attorney shall be entitled to receive fifteen per cent, of 33 the amount of collections and the Marshal ten per cent. \ 8f.(. 4. It shall be the duty of the Confederate Statei attor- 2 neys of jhe respective districts to inspect the schedules filed, and 3 be may traven»e the same if no aocomulations are disclosed, aod 4 like piorocfiinffs Rhall hu had th^rooii as is hf'rein^leff)re directed. 1 Sff 5. y\ny person believing liaun? to u^y ' ;i committed t by any of eaid ofi«Mt or employees, may institute aa action, qui 3 tarn, in any of the district coort-a of the Confederate States^ 4 Tthpl'' 'T A ritiTTTi r.f \\n St .♦»* wbfT-o jnaf itnt/-t1 ur rmt vr^illgt .'> tnrh '' CK-T or f . anM \inAX scruntics on thtjr U^ad . attd facilitate a f«U and n into the ell«g«d 7 fraudulrnt traoiaetiooi. the party ia«titating tho rait wider «ti • ft order of the court, ehall have the right, previous to the trial, 9 to fully examine and inspect all the reports, abstracts and vouchers In nhicb, under the existing laws and army regulations are required II lo be made to the War Department, and on a bill of discovery It for that purpose Bled, (the answer to which may be overcome by 13 satisfactory evidence,) the defendant shall disclose the name or 1 4 names and residence of any person from whom any property has, 16 at any time been purchased or received, and the prices and dates 16 at which it was so purchased or received, and the date of the 17 order directing such purchase or contract, and should it appear 18 that such purchases were made from the relatives of said officer 19 or employee, or from any person employed as clerk, agent, part- 2(J ner or otherwise of said officer, a legal presumption of fraud 21 shall arise, and the burden uf proof shall be upon the defendant, 22 to show that the purchases were made at the regular and current 23 rales of the country ; and. on the trial of the is.auc, the like 24 rulcH and proceedings eliiill he h.nl us is hcroinbefore [providjd] 25 for, except that one-half of the judgment shall be in favor of the 26 party prosecuting the suit, and the other half in favor of the 37 Confederate States ; and in the trial of such issues, if the 28 schedule of the oilicer discloses an accumulation, or whenever 29 the plaintiff, by testimony, shows an accumulation of property, 30 real, personal or mixed, the burden of proof shall bo upon the ^1 defendant, to account satisfactorily for the same: Provided^ That 7 32 the plftiutiff in pucIi "i f 7 No person now in commission or appointment shall 2 be permitted to resign until they have fully complied with the i provisions of this this act, but a verdict and judgment, -1 ngainst such officer shall have the effect of revoking his commifi- ■> sion, and he shall be consrribed and held to military .'•crvice 6 daring the existing war. 1 Bcc. H. Nothing herein contained shall be so construed a.s to 2 bar the rinvernmcnt from nnv ru-btt now existinr bftwecn it 5 and MiQ oflbcers and empb ; \na no ju i^- :,; ; • • rf d by 4 one party tball co&stitute a bar to a luit initituted by anotbtr 8 § partj unle&s the same items are controverted, Hud not then, if 6 there is any reasouable ^rroiind to appreh-^nd collusion between 7 the former purty .*..■• i..^ ..--> v. -.; cmplojt'c , .i.,.. v-.. >.w.-^ ;.i, issue b ma}', by the court, be given to the jury as in cases of attach- 9 uient. 1 Sec. 9. The inventories shall, at all times during business 2 hours, be open to ii»e iu.-pection of all persons desiring to S examine them, and it shall be the duty of the officer in charge 4 of them to fur^i^h certified copies thereof, for which service the 5 officer making the transcript .^hall have the richt to charge tvTntu G cents per hundred wonis, and said copies shall be received us 7 evidence, or suits niay be instituted thereon as hereinbefore 8 provided, in any of the courts of the Confederate States, when 9 authenticated, as is now providod fdr jinthenticating judicial 10 records : jProvided, That nothing in this act shall be so construed 11 as to compel the clerks of the State courts to receive and hie the 12 schedule of any officer or employee, but filing the same, the 13 clerk may demand the fees for furnishing the transcript. 1 Sec. 10. Whenever the interest of the Confederate States 2 demands it, or on the motion of the party prosecuting the suit, 3 the court may transfer the case to the district court having l jurisdiction where the defendant resides, there to be concluded.