The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-08-03
Official.
Headquarters Second Military District,

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 a 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 nipple
ments and auXiliaries of husbandry are very
scarce; the laborng 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
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 without re-
straint 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 modification as the occasion may
require until the civil government of the respec-
tive States shall be established in accordance with
the requirements fthe Government of the United
States. The commanding General earnestly de-
sres 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.
l. Imprisonment for debt is prohibited, un-
less tile 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 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
10Th of December 1860, and the 18th of May, 1860,
shall not be enforced by execution against the
property or the person of the defendant. Pro-
limo n
shall be stayed and no suit or process shall be
hereafter instituted or commenced for any such
causes of action.
Ill 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
18th of December, 1850, 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.
~. Judgments or DEGREES entered
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 res ectivey 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 was 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-
| tected, and the existing laws which have proyi-
ded the most efficient remedies in such cases for
| the lender will be supported and enforced; wages
for labor performed NTH production OF the crops
shall be a 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
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 chidren-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
| 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 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-
| clared by the Congress of the United States to be
legal tender in the payment OF all debts, dnes,
| and demands, shall be recognized i'll 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
| hpo6 rtprS n n
| of the post within which such officer resides.
| TX. 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 where they are
authorized to be enforced.
X In suits brought to recover ordinary
debts known actions er cOnt1actv bail, as hereto
foreauthoriZed, shall not be demanded by the suit
taken by the sheriff or other officer serving
the process in suits for trespass, libel, wrongful
conversion OF property, and other cases, known
as actions decto bail, as heretofore authorized,
may be demanded and taken. The prohibition
of bail in cases cOnt1Gctu shall not extend to
parties about to leave the State, but the fact of
intention must be clearly established by proof.
XII In criminal proceedings the usual
co9nizances 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 thepeace or any criminal offense itshall be the
duty Of such magistrate or officer to issue his
warrant upon the recognzance 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 sIch weapons on the person
will be deemed an aggravation of the otfensc 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 of such weapons, proof
that the party carried Or concealed deadly
weapon shall be deemed evidence of fclonious
attempt to take the life OF the injured person.
XIII. The orders heretofore issued in this
military department prohibiting the punishment
of crimes and offenses by whipping, manning,
branding stocks, pillory, other corporal punish
ment are in force and will be obeycd BY all persons.
XIV. The punishment of death in
tain cases of burglary and larceny imposed by
the existing laws of the provisional governments
in mil iSn n abolished AnV