The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-08-08
OFFICIAL
Headquarters Second Military District,
G

Headquarters Second Military District,
CHARLESTON, S. c., April II, 1867
GHSH So' o. ORDERS
The general restitution prevailing among
the population of this military district cannot
| be relieved without affOrding means for the
Development of their industrial resources
The nature and extent of the restitution demand
extraordinary measures. The people are borne
down by q 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, needful imple-
| ments and auxiliaries of husbandry are very
scarce; the laboring population in numerous To-
calles are threatened with starvation unless sup
piled with food by the Government of the United
pie to pay taxes leaves the local antbor it
out adequate means of relief, and the gravity of
situation is increased by the general disposition
| shown by creditors to enforce upon an impoyer-
| ished people the immediate collection of all
claims. To suffer all this to go on without re-
strant or remedy is to sacrifice the general good
The rights of creditors shall be respected but the
appeal of want and suffering must be needed.
Moved by these considerations, the following reg
ulations are announced, and they will continue In
force with such modihcation as 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
gate the distress now existing, and that the
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, I'M
less tie defendant in execution shall be convicted
of fraudulent concealment 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.
| Judgment DEGREES naVmPnt
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 shall be
| hereafter Instituted or commenced for any such
causes of action.
III. 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 in his absence his agent attor-
| ney, shall upon oath, with cOrrOborative testimo
| ny, alltge 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, 1866, shall not have been made
before the day Of sale.
". Judgments or 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 un-
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
| 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.
| VI ALI 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 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 ofthe 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 or other employment of the value OF
$500. The homestead exemption shall inure on
ly to the benefit of families-that is to say, pa
rent 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
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 ascertaned by the Sheriff or other officer en-
forcing the execution, who shall specifically de-
scribe the same, and make report thereof IN
each case to the Court
of TTDifpd States dp
clared by the Congress of the United States to be
legal tender in the payment of all debts, dues,
and demandS shall be gnized in North and md
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.
k Property of an absent DEBTOR or 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, nor shall
the possession the use of the same be in any
wise interfered with except in the execution of
judgment or final decree in where they are
authorized to be enforced.
x. In suits brought to recover ordinary
debts known actions contrdct, 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 respass, libel, wrongful
conversion of property, and other cases, known
as actions er delicto BAIL as heretofore authorized
may be demanded and taken. The prohibition
of bail in cases contrGctm 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 ofense, it shall be the
duty Of such magistrate officer to issue his
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
ry service of the United States, is prohibited
The concealment of such weapons on the person |
violation of this order will render the offender |
amenable to trial and punishment by military
commission. Whenever wounding or killing