War of the Rebellion: Serial 127 Page 0938 CORRESPONDENCE, ETC.

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SEC. 21. In no case shall the judgment or decree be a lieu on the property of the debtor; but where the court shall award execution under this act the property of the debtor shall be bound from the delivery of the writ.

SEC. 22. The court, or judge in vacation, shall have power to award execution on any judgment or decree, in addition to the cases of recusant debtors, where the receiver shall make oath that the debtor is fraudulently concealing or disposing of his effects, with intent to evade the judgment, or is about to remove his effects beyond the jurisdiction of the court, but such execution shall be discharged on the defendant's giving security, to the satisfaction of the court, for the performance or payment of the decree.

SEC. 23. In proceedings under this act and the act of which it is amendatory, upon affidavit being made by the attorney representing the Confederate States or the proper receiver, that the name of an alien enemy is wholly or partly unknown to him, or that the names of the members of a partnership of alien enemies are unknown to him, the process and proceedings may be against such partnership by the firm name thereof, stated in such affidavit, or against such alien enemy whose name is wholly or partly unknown, by such name or proper description as may be known and set forth in such affidavit: Provided, That the court may,on motion, cause the full and proper name to be inserted in the record and used in the proceedings when the same become known to the court.

SEC. 24. Receivers shall have authority to administer oaths touching any matter incident to proceedings under this act.

SEC. 25. The sixteenth section of the act to which this is an amendment is hereby repealed.

SEC. 26. All debts due to any alien enemy may be paid in the bonds and Treasury notes of the Confederate States, and the same shall be received in payment for all property sold under this act.

SEC. 27. The fees of all clerks and marshals shall be the same for services under this act, and the act to which this is an amendment, as are allowed for similar services in the courts of the Confederate States, and shall be a charge upon the general fund derived from confiscations, and shall be paid on the order of the court.

SEC. 28. The commissioners authorized by the fourteenth section of the act to which this is an amendment shall appoint a clerk, with a salary of $1,500, to be paid out of the Treasury of the Confederate States; but such salary, as well as the salary of said commissioners, shall be charged to the confiscation fund and be deducted therefrom; and said commissioners shall moreover have power to appoint commissioners to take the examination of witnesses touching the claims which may be propounded before them, or may summon witnesses before them to be examined orally; said commissioners, and the commissioners appointed by them to examine witnesses as aforesaid, shall have power to administer oaths to the witnesses and to issue subpoenas, and witnesses failing to appear shall be subject to like penalties and process as may be prescribed in the courts of the Confederate States against defaulting witnesses: Provided, however, That the costs of all proceedings to take testimony shall be paid by the claimant except in cases where the Attorney-General shall apply for leave to take testimony, and the fees of witnesses and commissioners shall be the same as are allowed in the courts of the Confederate States in like cases.

SEC. 29. So much of the act to which this is an amendment as requires the receivers to settle separately the estate of each alien