The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-06
Official.
HEADQUARTERS, SECOND MILITARY DISTRICT,

GENERAL ORDERS No. 1O.-Ehe general desti-
tuition prevailing among the population of this
military district cannot be relieved without af
tording means for the devclopement 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 families have been d. i'riyed OF shell
ter many more need food end Clothing, neediul
implements and auXiliaries OF hus bandry are very
scarce: the laboring population in numerous To-
calties are 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
the situation is increased by the general disposition
| shown by creditors to enforce upon an imporer-
| 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
| appeal of want and suffering must be needed.
M0yed 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 government OF the respec-
tive States shall be established in accordance with
| the requirements ofthe 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 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.
| I. Imprisonment for debt is prohibited, un-
less Ii e 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.
II. Judgment or DEGREES for the payment
| of money on causes of action arising between the
18th OF December 1850, and the 18th of May, 1865
ha Infnr rood hv inr
property or the person of the efendant. Pro-
ceedings in such causes of action now pending
shall be stayed, and no suit or process shall be
hereafter instituted or commenced Tor. any such
causes of action.
III. Sheritfs, 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 in his absence his agent or attor-
ney, shall upon oath, with corroboratlve testimo
ny, all, ge or prove that the defendant is moving
or intends franduleDtly 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 i'll 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 or DEGREES entered or en-
rolled on causes of action arising subsequent to
the 18th of May, 1S65. 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
L,ith 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. ALI advances of moneys, subsistence,
| implements, and fertilizers, loaned, used en-
ployed, or required tor the purpose of aiding the
| agricultural pursuits of the people, shall be pro-
| tected, and the existing laws which have provl-
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 s. cure advances otmon'
ey and other for the cultivation of the soil
| VII In all sales of property under execution
by order OF any court there shall De reserved out
! of the property of any defendant, who has taml-
| 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
$780, 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
! $780, The exemption hereby made shall not be
waived or defeated by the actof 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.
VIII. 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 ana
| 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 ofncer
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 Dy
any existing law shall not be disturbed nor snail
the possession or the use of the same be IN any
wise interfered with except in the execution OF
judgment or final decree in cases where they are
authorized to be enforced.
x. In suits brought to recover ordinary
debts known actions er contrdct bail, as hereto
fore authorized shall not be demanded by the SUIT
or nor taken by the sheriff or other officer serving
the process in suits for trespass, libel, wrongful
| conversion of property, and other cases, known
actions deticto bail, as heretofore authorized
may be demanded and taken. The prohloltlon
of bail in contractu shall not extend to
parties about to leave the State, but the TACT 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 Dreacn
of the peace, or any criminal ofense it shall be tne
duty OF such magistrate officer to issue MS
warrant upon the recognizance of the complaint TO
prosecute without requiring him to give security
on such rccognizance.
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 sach 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, proo
that the party carried or concealed a deadly
weapon shall be deemed evidence of afelonlous
attempt to take the life of the injured person,
Kill The orders heretofore issued in THIS
of crimes and offenses by whipping, manning
branding, stocks, pillory other corporal punish
ment in force and will be obeycd by all persons
XIV. The punishment of death in Ger
tain cases of burglary and larceny imposed bJ
the existing laws of the provisional governments
in this military district, is abolished Any persoI
convicted OF burglary or of larceny, when tht
property stolen is of the value of $685. of assault ane
battery with intent to kill, or of any assault witt
a deadly weapon, shall be deemed guilty of felo