The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-18

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authority is established, is the appointment and
control of the civil agents by whom and measures
| by which the government al interim is to be con-
| Quoted. In the exercise of this authority, such
| regulations and appointments will be announ-
| ced from time to time may become neces-
sary; and so far as these regulations concern the
ordinary civil relations of the inhabitants they
will be administered by the courts and by the
proper civil officers in the usual course of pro-
| cedure.
Whilst it will not be convenient to respond to
particular inquiries made by citizens to the
Interpretation and application of these regula-
tions, such heterogeneous will be answered when
addressed to the general commanding by the ap-
pellate courts law and equity.
Capt. 3sth Inf, A. D. c. & Act Assist Adj Genl.
Official: j. W. CLous, Captain SSth Infantry,
A. ID. c. and Act. Assist. Adj. Genl. 1S-n.
Headquarters Second Military District,
CHARLESTON, s. c., April II, 1867.
| GENERAL ORDERS,
| No. 10.
The general restitution prevailing among
the population of this military district cannot
| be relieved without affording means for the
developement of their industrial resources
! The nature and extent of the restitution demand
| extraordinary measures. The people are borne
down by heavy burden OF debt, the crops of
| grain and garden produce failed last year, many
| families have been deprived OF shelter, many
more need food and clothing, needtul imple-
ments and auXiaries of husbandry are very
scarce; the laboring 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 pco
pie to pay taxes leaves the local authorities with
out adequate means of relief, and the gravity of
the situation 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 without re-
strant remedy is to sacrifice the general good.
The rights of creditors shall be respected but the
appeal 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 the occasion may
require until the civil government 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 and 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.
| ]. Imprisonment for debt is prohibited, IN
less tic defendant i'll 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 or demand
and the proceedings now established in North
and South Carolina respectively, for the trial and
determination of such questions, may be adopted
III. Judgment DEGREES for the payment
of money on causes of action arising between the
18th 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 or process shatl be
hereafter instituted or commenced for any such
causes of action.
Ill Shcritis, coroners and constablcs 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
81, >l,;,> in ahc Il mr.
new shall upon oath, with cOrrObOrative testimo-
ny, all, ge or prove that the defendant is moving
or intends frauduleDtly to remove his property
beyond the territorial jurisdiction of the Court.
The sale of real 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 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.
| " 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 enrolled for such causes OF ac-
ton shall not be enforced.
VI. All advances of moneys, subsistence,
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 theproductOn 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 for the cultivation of the soil.
| VII In all sales of property under execution
or 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 tamies-that is to say, pa
ses the exemption shall extend only to clothing,
implements of trade or other employment usu-
ally followed by the defendant, of the value of
$780, 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 or other officer en-
forcing the execution, who shall specifically de-
scribe the same, and make report thereon IN
each case to the Court
VIII. The currency of the United States de-
clared by the Congress OF the United States to be
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and demands, shall be recognized in North and
South Carolina. And 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.
TX Property of an absent DEBTOR or one
charged as such without fraud, whether consist
ing Of money advanced for the purposes OF agrl
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, nor shall
the possession or the use of the same be in any
wise interfered with except in the execution OF 6
Judgment or final decree in cases where they are
authorized to be enforced.
x. In suits brought to recover ordinary
debts known as actions er contrGctu, ball. hereto
fore authorized shall not be demanded by the suit
or 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 er delictO ball. heretofore authorized
NAV be demanded and taken. The prohibition
of bail in cases er cOntraetu shall not extend t
parties about to leave the State, but the fact o
int, 'ntion must be clearly established by proof
XI. In criminal proceedings the usual re
cognizances shall be required and taken by tn
proper civil officers heretofore authorized by Law
to take the same, provided that upon complain
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