The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-09
Gen. Sickles' Order.
Hdqrs, Second Military District,

GENERAL ORDERS No. 1O-The general desti-
| tuition prevailing among the population of this
military district cannot be relieved without af-
tording means for the Development of their in
dustrial resources. The nature and extent of the
deStitutiOn demand extraordinary measures The
people are borne down by heavy burden OF debt,
the crops Of grain and garden produce failed last
year, many fanatics have been deprived OF shell
ter, many more need food and clothing, useful
implements and auXilaries of husbandry very
scarce; the laborng population in numerous To-
calities threatened with starvation unless sup
piled with food by the Government OF the United
States; the inability of large portion of the peo
pie to pay taxes leaves the local authorities with
out adequate means OF relief, and the gravity of
thesituaton is increased by the general disposition
| shown by creditors to enforce upon an impover-
| ished people the immediate collection of all
claims. To suffer all this to go on without re-
straint remedy is to sacrifice the general good.
The rights OF creditors shall be respected, but the
appeals of want and suffering must be needed.
Moyed by these considerations, the following reg
ulations are announced, and they will continue in
| force with such modification as the occasion may
require until the civil governments OF the respec
tive States shall be established in accordance with
the requirements of the Government Of the United
States The commanding General earnestly de-
sires and confidently believes that the observance
| of these regulations ard the cooperation of all
| persons concerned in employing fairly and justly
the advantages still remaining to them, will miti
gate the distress now existing, and that the aven-
ues of industry, enterprise, and organization thus
opened will contribute to the permanent welfare
and future happiness of the people.
| First Imprisonment for debt is prohibited, un
less tie defendant in execution shall be convicted
OF a fraudulent cOncealment or disposition of his
property with intent to hinder, delay and prevent
| the creditor in the recovery of his debt or de-
mand, and the proceedings now established in
| North and South Carolina respectively, for the
| trial and determining of such questions, may be
| adopted.
Second Judgment or DEGREES for the payment
of money on causes of action arising between the
10Th OF December 1860, and the 18th of May, 1865,
| shall not be enforced by execution against the
property or the person of the defendant. Pro-
| ceedings in such causes of action now pending
shall be stayed, and no suit process shall be
| hereafter instituted or commenced for any such
causes of action.
Third: Shcriffs, coroners and constables are
| hereby directed to suspend for twelve calendar
| months the sale OF all property upon execution
of process liabilities contracted prior to the
10Th of December, 1860 unless upon the written
consent of the defendants except in cases where
the plaintiff, or in his absence his agent attor
ney, shall upon oath. with corrobOrative testimo-
ny, allege or prove that the defendant is moving
or intends fraudulently to remove his property
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.
Fourth: Judgments or DEGREES entered or en-
rolled on causes of action arising subsequent to
the 18th day of May, 1865. may be indorsed by
|
and in the application of the money arising un-
Ter such executions, regard shall be had to the
priority of liens, unless in cases 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.
Fifth: All proceedings for the recovery OF
money under contracts, whether under seal or by
parole, the consideration for which was the pur-
chase of negroes, are suspended. Judgments or
DEGREES entered or enrolled for such causes OF ac
ton shall not be enforced
Sirth: ALI advances of moneys, subsistence,
implements, and fertilizers loaned, used, en-
ploycd, 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; wa
ges for labor performed in the production of the
crops shall be lien on the CROP and payment of
the amount due for such wages shall be enforced
by the like remedies provided to secure advances
of money aad other means for the cultivation of
the soil.
SepeuM In all sales of property and execution
by 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 acres 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 other employment of the value of
$500. The homestead exemption shall inure on
ly to the benefit of tamiles-that is to say, pa
rent or parents and child or chldren-in other ca
!. y,
implements of trade or other employment usu-
ally followed by the defendant, of the value of
800. The exemption hereby made shall not be
waived or defeated by the act of the defendant
The exempted property of the defendant shall
be ascertained by the Sheriff other officer en-
forcing the execution, who shall specifically de-
scribe the same, and make a report thereof in
each case to the Court.
Efqtth: 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,
South Carolina, and in all cases in which the
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.
Ninth: Property of absent debtor one
charged as such without fraud, whether consist
ing Of money advanced for the purposes of agri-
culture or 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, shall
the possession or the use of the same be in any
wise interfered with except in the execution of a
Judgment or final decree in cases where they are
authorized to be enforced
Tenth In suits brought to recover debts
known as actions ec cOntractu, bail, as heretofore
authorized, shall not be demanded by the suitor
nor taken by the sheriff other officer serving
the process; in suits for trespass libel wrongful
conversion of property, and other cases, known
actions delictO bail, heretofore authorized
may be demanded and taken. The prohibition
of bail in cases ec cOltFactU shall not extend to
persons ABOUT TO leave the SIale, DuC the lact OF
intention must be clearly established by proof.
E7eUentA: In criminal proceedings the usual re-
cognzances 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 ofense it shall be the
duty OF such magistrate or officer to issue his
warrant on the recognizance of the complaint to
prosecute without requiring him to give security
| on such recOgniZance.
TtceIfth: The practice of carrying deadly weap-
| ons, except by officers and soldiers in the militia
ry service of the United States is prohibited
The concealment of such weapons on the person
| will be deemed an aggravation of the offense. A
| violation of this order will render the offender
amenable to trial and punishment by military
! commission. Whenever wounding or killing
| shall result from the use OF such weapons, proof
| that the person carrying concealing deadly
| weapon shall be deemed evidence of felonious
| attempt to take the life of the injured person.
| Thirteenth: The order heretofore issued in this
military department prohibiting the punishment
of crimes and offenses by whipping, manning,
branding, stocks, pillory, or other corporal pun.
ishment is in force and will be obeycd by all
persons
Fourteenth: The punishment of death in GER
tain cases of burglary and larceny imposed by
the existing laws of the provisional governments
in this military district, is abolished. Any person
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