The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-16
Gen. Siekles' Order.
Hdors. Second Military District,

military district cannot be relieved WlLnout a
fording means for the development OF their II
dustrial resources. The nature and extent OF tn
restitution demand extraordinary measures. IN
people are borne down by heavy burden OF deb
the crops of grain and garden produce lalled las
year, many fanatics have been deprived OF She
ter many more need food end clothing, usefu
implements and auXiliaries of husbandry are yer
scarce; the laboring population in numerous 10
calities are threatened with starvation unless sup
piled with food by the Government OF the Unlte'
States the inability of large portion OF the PEG
pie to pay taxes leaves the local authorities Win
out adequate means of relief, and the gravity o
the situation is increased by the general disposition
shown by creditors to enforce upon an lmp0Ver
ished people the immediate collection OF al
claims. To suffer all this to go on without re
straint or remedy is to sacrifice the genera good
The rights of creditors shall be respected, but TIT
appeals Of want and suffering must be needed
| MOYed by these considerations the following reg
ulations are announced, and they will continue II
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 UnlteC
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 mltl
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 conceament or disposition OF his
property with intent to hinder, delay and prevent
the creditor in the recovery of his debt or demand
| 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 ,etendant. Pro
ccedinSS i'll such causes of action now pending
| shall be stayed, and no suit or process shall be
hereafter instituted or commenced for any such
causes of action.
Third: 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, 1860, unless upon the written
consent OF the defendants, except in cases where
the plaintiff or i'll his absence his agent or attor
ney, shall upon oath, with corroborative tcstimo-
ny, allege 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 accrung 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
execution, against the property OF the defendant,
and in the application of the money arising I'M
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
FyM: 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
DEGREES entered or enrolled for such causes of
ton shall not be enforced.
yfL adv of moneys c1bSicfapoo
implements, and fertilizers, loaned, used, en-
ployed, or required for the purpose of aiding the
agricultural pursuits of the people, shall be pro-
tected, 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 eproduction of the crops
shall be lien on the crop, and payment OF the
amount due for such wages shall be enforced by
like remedies provided to secure advances ofmon
ey and other means for the cultivation of the soil
!SeoeIth d: 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-
bamdry other employment of the value of
$500. The homestead exemption shall nure on
ly to the benefit OF tamilies-that is to say, pa
rent or parents and child or chidren-in other ca
ses the exemption shall extend only to clothing,
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 aScertained by the Sheriff other officer en-
forcing the execution, who shall specifically de-
scribe the same, and make report thereof in
each case to the Court.
EIghth: The currency of the United States de-
cared 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
Carolina a ,1,h, IL
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 an absent debtor or one
charged 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
us 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 intertcred with except in the execution of
Judgment or final decree in cases where they are
authorized to be enforced.
Tenth In suits brought to recover debts
known as actions er cont'dctn, bail, heretofore
authorized, shall not be demanded bv the sutton
nor taken by the sheriff other officer serving
the process in suits for trespass libel wrongful
conversion of property, and other cases, known
as actions daicto bail, us heretofore authorized
may be demanded and taken. The prohibition
of bail in cases cOntractu shall not extend to
persons about to leave the State but the fact of
intention must be clearly established by proof
ETeUenM: In criminal proceedings the usual re-
cognizances shall be required and taken bv 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 offense 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.
Tsceltfh: The practice of carrying deadly weap-
ons except by officers and soldiers in the militia
nv 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
amenabe to trial and punishment by military
commission. Whenever wounding or killing
shall result from the use OF such weapons, proof
that the person carrying or concealing a 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, pllory, or other corporal punish
ment 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
convicted of burglary or of larceny, when the
property stolen is of the value of S25, of assault
and battery with intent to KILL of assault with