The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-04-17

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All communications sacredly confidential. Address, in
Madame E. F. THORNTON, P. o. Box 223,
Hudson N. Y. 1y March 80
OFFICIAL.
Hendauarters Second Military Distrtet,l
CHARLESTON, s. c. April 11th, 1867.
GENERAL ORDERS, No. 10l
The general des6tuton prevailing among the popula-
ton of this Military District cannot be relieved without
aording means for the development Of their industrial
resources The nature and extent Of the destuon de-
mand extraordinary measures The people are borne
down by heavy burden Of debit the crops of grain and
garden produce failed last year, many been
deprived of sheter many more need food and cothing
needul implements and su1iliaries Of husbandry
scarce the aborng population in numerous local.
ties are threatened with starvation unless supplied with
food by the Government of tho United States the in
ability Of largo portion Of the people to pay taxes leaves
tho local authorities without adequate If ree
and the gravity Of the situation is incressedby the gen.
er disposition shown by creditors to enforce upon
impoverished people, the immediate collection Of all
claims.
To suffer all this to go on without restraint remedy
is 10 sacrifice the general good The rights of creditors
shall bo respected but the appeal of want and suffering
must be Needed Moved by these considerations, the
following regulations are announced: They will COP
tinue in force with such notifications the occasion
may REQUIRE until the civil government Of the respective
Staes shall be established in accordance with the re-
ouirements of the Government Of the United States
The Commanding General earnestly desires and conf
IDENTIFY believes that the observance of these regulations
md the cooperation Of n persons concerned in employ
ing fairly and justly the advantages still remaining to
them will mitigate the distress now existing; and that
the avenues of industry, enterprise, and the organiza-
ton thus opened will contribute to the permanent well
fare and future happiness of the people.
Imprisonment for debt is prohibited; unless the de-
fendant in execution shall be convicted Of fraudulent
conceament or disposition Of his property, with intent
to HINDER delay and prevent the creditor in the recovery
of his debt demand. And the proceedings now estab
shed in North and South Carolina, respectively for the
trial and determination Of such questions, may be
adopted.
Il Judgments or decreea, for the payment OF money,
on causes of action arising between the 10th OF Decem
ber 1860 and the 10th of May, 1885, shall not be enforced
BIZ execution against the property the person OF the
defendant Proceedings in such causes Of scton now
pending shall be stayed and suit process shall be
hereafter instituted or commenced, for any such
causes of action
I'LL sherihs, Coroners, and Constables, are hereby
irecte to suspend for twelve calendar months the sale
of all property upon execution or process, on liabilities
contracted prior to the 10Th Of December 186O unless
upon the written consent of the defendants, except in
cases where the plaintiff in his absence, his agent OF
attorney shall Upon oath with corroborative testimony al
eee and prove that the defendant or intends
rauduently to remove, hs property beyond the terrific
rial jurisdiction of The court The sale of real or per-
sona property by foreclosure of mortgage likewise
suspended twelve calendar months, except in cases
where the payment of interest money accruing since
the 18th day of May 1885, shall not have been made be-
fore the day of sale.
". Judgments or DEGREES entered or enrolled, on
of action arising subsequent to the 18th OF May
1865 may be enforced by execution agnins the property
of the defendants and In the application OF the money
arising under such executions regard shall be had TO the
priority of Hens unless in where the good faith OF
any lien shall be drawn il question. In such cases the
usual mode of proceeding adopted IN North and soutn
Carolina respectively to determine that question. shall
be adopted
v All proceedings for the recovery of money under
contracts whether under sen or by parole the consid
Grafton for which was the purchase Of negroes are sus
pended Judgments or DEGREES entered enrolled for
such causes of action, shall not be enforced.
vI All advances Of moneys, subsistence, implements
and fertilizers, loaned used, employed or required for
the purpose of aiding the agricultural pursuits Of the
people, shall be protected. And the existing laws
which have provided the most efficient remedies in
such cases for the lender will be supported and en-
forced. Wages for labor performed in the production
of the crop shall be lien the CROP and payment OF
the amount due for such wages shall be enforced by the
like remedies provided to advances of money and
other means for the cultivation OF the crop
VII In all sales OF property undor execution or by
order of any court there shall be reserved outofhe pro-
perty of any defendant, who has family dependent
upon his or her labor dwelling house and appurte-
nanccs and twenty of land for the Use and occupa
ton of the family OF the defendant aud necessary ar-
cles of furniture apparel, Subsistence, implements
of trade husbandry or other employment OF tue
value of five hundred dollars. The homestead e1-
emption shall nure only to tho benefit of amies-that
is to say to parent parents and child or Children In
other cases. the exemption shall extend only to clothing
implements of trade other employment usually fol-
lowed by the defendant to the value OF one hundred
dollars The exemption hereby maic shall not be waived
or defeated by the Of the defendant The exempted
property of the defendant shall be ascertained by the
Sheriff. or other officer enforcing the execution, who
shall specifically describe the and make report
thereof in each case to tho court
VIII The currency of the United States, declared by
the Congress of the Uuted States to be legal tender IN
the payment al debts dues and demands shall be 60
recognized in North and South Carolina And oil cases
in which the same shall be rendered In payment and
refused by any public officer will be at reported to
these Headquarters to the Commanding Officer OF the
Post within which such officer resides
TX Property OF an absent debtor, or one charged as
SUCH without fraud, whether consisting OF money ad-
yanced for the purposes of agriculture or appliances for
the cultivation of the SOIL shall not be taken under the
process known as "Forcign Attachment " but the lien
created by any existing law shall not be disturbed nor
shall the possession the use of the same be in any
wise interfercd with except i'll the execution Of julg
cnt or final Decree whe,e they authorized
to be enforced.
X In suits brought to recover ordinary debts known
as acions er contractu bail heretofore authorized
shall not be demanded by the suitor taken by tho
Sheriff or other officer serving the process In snts for
trcspass libel wrongful conversion Of property, and
other cases actions decto bail us heretofore
authorized may be demanded, and takcn The prohibi-
ton of bail eoaacm shall not extend to par-
ties about to leave the State but The fact OF intention
must be clearly established by proof
X In criminal proceedings, the usual recosnizancGs
shall be required and taken by the proper civil officers
heretofore authorized by law to take the same ffoc'-
ded: That upon complaint being made to any magis-
tatc or other person authorized by law to issue war
rant for breach of the peace, any criminal offence it
shall be the duty of such magistrate or officer to issue
his warrant upon the rccosnizance Of the complainant to
prosecute, without requiring him to give SECURITY on
such recognizancc.
XII The practice OF carrying deadly weapons, except
py and soldiers the military service OF the UNI
ted States is prohibited The conceamentof such wea
mons on the person will be deemed aggraTaiion OF the
offence violation of this order will render The Often