The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-14
Gen. Siekles' Order.
Hdgrs. Second Military District,

the crops of grain and garden produce failed last
| year. many famaies have been deprived OF shell
| ter, many more need food end clothing, useful
| implements and auXiliaries OF sbandry are very
scarce the laboring population in numerous To-
calities 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 impover-
| ished people the immediate collection of all
claims. To suffer all this to go on without re-
straint or remedy is to sacrifice the general good
The rights of creditors shall be respected, but the
appeals 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 NAV
require until the civil governments 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 and the cooperation of all
persons concerned in employing fairly and justly
! the advantages still remaining to them, will mit
gate the distress now existing, and that the aven
nes 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 Il 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 de-
mand, 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
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.
Third: Sheritfs, coroners and constabes 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 attor-
ncy, shall upon oath. with cOrrOborativc tcstimo-
ny, allLge 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.
! Fourth: Judgments or DEGREES entered or en-
rolled on causes of action arising subsequent to
| the 18th day of Nav, 1865. may be indOrscd by
| execution, against the property of the defendant
and in the application of the money arising un-
! Ter such executions, regard shall be had to the
| priority of liens unless in cases where the good
|
such cases the usual mode of proceeding adop-
ted in North and South Carolina respectively to
determine that question shall be adopted
| Fifth: 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.
! Sirth: ALI advances of moneys, subsistence,
implements, and fertilizers, loaned, used, en-
ploycd, 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; wa
| ges for labor performed in the production of the
| crops shall be lien on the crop, and payment of
| the amount due for such wages shall be enforced
! by the like remedies provided to secure advances
t-of money aad other means for the cultivation OF
| the soil.
lSeeemth 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 a faml-
| ly dependent upon his or her labor dwelling
| house and appurtcnances 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 tamies-that is to say, pa
rent or parents and child or childrcn-n 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 asccrtaincd by the Sheriff other officer en-
forcing the execution, who shall specifically de-
scribe the same, and make report thereof Ill
each case to the Court.
Eighth: The currency of the United States de-
clared by the Congress of the United States to be
a legal tender in the payment of all debts, dnes,
and demands, shall be recognized in North and
South Carolina, and in 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
| Ninth: Property of 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
| 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 interfcrcd 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 actions er contractat ball. as heretofore
authorized, shall not be demanded by the sutor
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 elicO bail as heretofore authorized,
may be demanded and taken. The prohibition
of bail in cases cont,actu shall not extend to
persons about to leave the State, but the fact OF
| intention must be clearly established by proof.
E2eaentA: 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 a 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.
| Tweltth: 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 s1ch weapons on the person
will be deemed an aggravation of the otfensc.
violation of this order will render the offender
amenable to trial and punishment by military
commission. Whenever wounding or killing
l.shall result from the use of such weapons proof
that the person carrying 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 pillory, or other corporal pun.
ishment 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 $685. of assault
and battery with intent to kill, of assault with
deadly weapon, shall be deemed guilty of felo-
ny, and shall be punished by Imprisonment at
hard labor for term not exceeding ten years nor
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