The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-25
oEElelAL.

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hereafter instituted or commenced for any such
causes of action.
Ill Sheriffs, coroners and constables are
hereby directed to suspend for twelve calendar
/ months the sale of all property upon execution
of process on liabilities contracted prior to the
10th of December, 1SG0, unless upon the written
consent of the defendants except in cases where
the plaintiff, or in his absence his agent or ator-
ney, shall upon oath, with corroborative testimo-
ny, allege prove that the defendant is moving
or intends fraudulently to remove his pronerty
beyond the territorial Jurisdiction of the Court.
The sale of real or personal property by fore
closure of mortgage is likewise suspended for
twelve calendar months, except in cases where
the payment of interest money accruing since the
18th day of May, 1865, shall not have been made
before the day of sale.
~. Judgments DEGREES entered or en-
rolled on causes of action arising subsequent to
| the 18th of May, 1865. may be enforced by
execution, against the property of the defendant,
and in the application of the money arising I'M
der such executions, regard shall be had to the
priority of liens, unless in where the good
| faith of any lien shall be drawn in question. In
such cases the usual mode of proceeding adop-
ted in North and South Carolina respectively to
determine that question shall be adopted
V. All proceedings for the recovery of
money under contracts, whether under seal or by
parole, the consideration for which the pur-
chase of negroes, are suspended Judgments or
DEGREES entered or enrolled for such causes of ac-
ton shall not be enforced.
implements, and fertilizers, loaned, used, en-
ployed, or required for the purpose of aiding the
agricultural pursuits of the people, shall be pro-
teeted. and the existing laws which have provi-
ded the most efficient remedies in such cases for
the lender will be supported and enforced; wages
for labor performed in the production of the crops
shall be lien on the crop, and payment of the a
mount due for such wages shall be enforced by the
like remedies provided to secure advances ofmon-
ey and other means for the cultivation of the soil.
VII. In all sales OF property under execution
orby order of any court there shall be reserved out
| of the property of any defendant, who has fami-
ly dependent upon his or her labor, dwelling
house and appurtenances and twenty of
land for the use and occupation of the family of
the defendant, and necessary articles of furniture,
apparel, subsistence, implements of trade, hus-
bandry or other employment of the value of
$780, The homestead exemption shall inure on
ly to the benefit Of tamilies-that is to say, pa
rent or parents and child or children-in other ca
ses the exemption shall extend only to clothing,
implements of trade or other employment usu-
ally followed by the defendant, of the value of
500. The exemption hereby made shall not be
waived or defeated by the act of the defendant
The exempted property of the defendant shall
be ascertancd by the Sheriff or other officer en-
forcing the execution, who shall specifically de-
scribe the same, and make q report thereof in
each case to the Court
| VIII The currency of the United States de-
clared by the Congress of the United States to be
a legal tender in the payment of all debts, dues,
and demands, shall be recognized in North and
same shall be rendered in payment and refused
by any public officer will be at once reported to
these headquarters or to the commanding officer
of the post within which such officer resides.
| TX. Property of absent Debtor or one
charged as such without fraud, whether consist
ing of money advanced for the purposes of agri-
culture appliances for the cultivation of the
soil, shall not be taken under the process known
as foreign attachment but the lien created by
any existing law shall not be disturbed, nor shall
the possession or the use of the same be in any
wise interfcred with except in the execution of a
judgment or final decree in cases where they are
authorized to be enforced.
X. In suits brought to recover ordinary
debts known actions er comtrdctn, bail, as hereto
fore authorized, shall not be demanded by the suit
taken by the sheriff or other officer serving
the process in suits for trespass libel, wrongful
conversion of property, and other cases, known
as actions detictO, ball. as heretofore authorized
may be demanded and taken. The prohibition
of bail in cOntrdctu shall not extend to
parties about to leave the State, but the fact of
intention must be clearly established by proof
XI. In criminal proceedings the usual re-
cogniZances shall be required and taken by the
proper civil officers heretofore authorized by law
to take the same, provided that upon complaint
being made to any magistrate or other person
authorized by law to issue warrant for breach
of the peace, any criminal offensc, itshal be the
duty Of such magistrate officer to issue bis
warrant upon the recognizance of the complaint to
prosecute without requiring him to give security
on such recognizance
XII. The practice of carrying deadly weap
ons except by officers and soldiers in the militia
~ service of the United States, is prohibited
The concealment of such weapons on the person
will be deemed an aggravaton of the offense. A
violation of this order will render the offender
amenable to trial and punishment by military
commission. Whenever wounding killing
shall result from the use OF such weapons, proof
that the party carried or concealed a deadly
weapon shall be deemed evidence of felonious
attempt to take the life of the injured person.
XIII. The orders heretofore issued in this
military department prohibiting the punishment
OF crimes and offenses by whipping, manning,
branding, stocks, pillory or other corporal punish
ment are in force and will be obeycd by all persons
XIV. The punishment of death in Ger
tain of burglary and larceny imposed by
the existing laws of the provisional governments
in this military district, is abolished Amy person
property stolen is of the value of S of assault and
battery with intent to kill, of any assault with
a deadly weapon, shall be deemed guilty of felo-
ny, and shall be punished by imprisonment at
hard labor for a term not exceeding ten years nor
less than two years, in the discretion of the court
having jurisdiction thereof Larceny, when the
value of the property stolen is less than $685. shall
be punished by imprisonment at hard labor for a
term not exceeding one year in the discretion OF
the court.
XIV. The Governors of North and South
Carolina shall have authority within their juris-
dictions respectively, to reprieye or pardon any
person convicted and sentenced by civil court,
and to remit fines and penalties.
XVI Nothing in this order shall be con-
strued to restrain prevent the operation pro-
ceedings in bankruptcy in accordance with the
acts of Congress in such cases made and provided,
nor with the collection of any tax, impost, excise
or charge levied by authority of the United
States or of the provisional governments of North
and South Carolina; but no Imprisonment for
over due taxes shall be allowed, nor shall this Or
der or any law of the provisional governments of
North and South Carolina operate to deny to minor
children or children coming of age OF their legal
representatives, nor to suspend to them any
right of action, remedy proceeding against ex-
ecutors, administrators, trustees guardians, mas
ters clerks of equity courts or other officers OF
persons holding tiduciary relation to the persons
or the subject matter of the action or proceeding
XVII. Any law or ordinance heretofore in
force in North South Carolina inconsistent
with the provisions of this General Order is here
by suspended and declared imperative.
By command of Major Gen. D. E. Sickles.
j. w. CLOUS, Capt.