The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-04-24
THE MILITARY STAY LAW.

imprisonment OF debtors, homestead exemptions
and the practice Of carrying deadly weapons,
which order is announced to continue in force,
with such notifications as the occasion may de-
mand, until the civil governments of North and
South Carolina shall be established in accordance
with the requirements OF the recent enactments of
Congress. The order is, in iaelf, of so important
character, and works so dnGny fundamental
changes in the existing civil law says the Charles
ton Mercury, that plain analysis of its provis-
ions should be of general interest:
l. imprisonment for debts absolutely prohibited.
This provision is absolute, and the only exception
is in cases where the defendant shall, under the
existing civil laws, be convicted of fraudulent con-
cealment of property with intent to dcfraud the
creditor
z. NO execution shall be enforced against the
person OF property of any person upon any judg-
ment or decree, the caus e of which arose between
December 10, 1860, and May Is, 1865. Proceed
ings pending are stayed, and no new suit or pro-
cess shall be commenced.
3. The sale of oil property upon execution for
liabilities contracted prior to December, 1860, is
suspended for twelve months, unless upon written
consent of defendant, or in cases where fraudulent
intent on the part of The defendant is alleged and
proved. The sale of real or personal property un-
der foreclosure of mortgage also suspended, ex-
cept in cases where the interest accrung since the
18th May, 1865, shall not have been paid before
ths day of sale.
T. In cases of debts contracted, or other causes
of action arising, subsequent TO May 15 1866, ex-
ecntion may be enforced, but only against the
property of the defendant
S. All proceedings for the recovery Of money
upon contracts, the consideration for which was
the purchase of negroes, are suspended, and
/ judgment in such cases shall not be enforced.
6. Advances of money for the purpose of aiding
the agricultural pursuits Of the people shall be
projected, and the e1isting civil laws in relation to
these remain in force.
by order of any court there shall be reserved for
the defendant, if he have family, dwelling
house and appurtenances twenty acres of land,
and furniture, apparel and implements to the val
uc of $500. This is in the case of families but
in other cases only clothing implements, &c., tc
the value of 500 ere exempt.
8. United States currency:is declared to be legal
tender in every instance, and persons refusing to
accept such currency will be reported.
s. The property of an absent debtor, without
fraud, shall mot be taken under the process Of
..foreign attachment but existing liens shall not
be disturbed.
10. In suits to recover ordinary debts bail shall
not be demanded or taliens but in suits for tres
pass, libel and wrongful conversion of property il
may be demanded and taken as now authorized
In the case of suits for recovery of ordinary debts
bail may, however, be required where the inten-
tion of the pdrties to leave the State is clearly
proved. 4r,a7r:-
IL. In criminal cases the usual recognizances
may be required but, upon complaint, q warrant
may be issued upon the simple recognizance of the
complainant to prosecute.
l2. The carrying of oil deadly weapons, openly
or concealed except by officers or soldiers in the
service of the United States is prohibited, under
penalty of trial by military commission.
1s. The prohibition of whipping, manning,
branding, &c., as punishment for offenders, as al
ready ordered, is continued.
Ia The death punishment in certain cases Of
burglary and larceny is abolished and sentences
for burglary and larceny are prescribed.
Is. The Governors of North ard South Carolina
have authority to reprieve or pardon any person
convicted and sentenced by civil court, and to
remit fines and penalties.
l6. The operations Of the General Bankrupt
Law remain unimpaired, as do the regulations for
the collection of the United States and State taxes;
but no imprisonmentior overdue taxes shall be
allowed Neither this order nor any State law OF
| North or South Carolina shall suspend rs to, OF
deny to, minor children, children coming OF
age, or their legal representatives any right of &C
ton or remedy against any person or persons hold
| ing 6duciary relation to them.
IL. All laws or ordinances inconsistent with this
order are suspended and declared inopcrative.
The summary of the whole is, that there shall
be no Imprisonment whatever upon civil process
except in cases of fraud; that debts arising or nc
cruing during the war cannot be enforced by ex-
ecution upon property, and that pending proceed
[ines in such cases are stayed; that the sale OF
property for debts contracted prior to December
10, 1860, is suspended for twelve months; that
the sale of property by foreclosure of mortgage is
similarly suspended unless the interest accruing
since May Is, 1866, shall not have been paid be-
fore the day of sale ; and that there is home
stead exemption in the case of families. and OF
garments and tools in the case of individuals.
ANOTHER Ex-GovERScR ON TIE SrUArroN.-E1-
Governor McRae, of Mississippi, has written
letter concerning the present condition OF public
oe,;r. at the South. After rehearsing the politi-
-, o..,;ons which led the South into a. contest of
cs..a With The General Government he says that
The victory of the latter leaves the Southern ota'es
AS ,h, conoperor nav choose TO