The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-28
Official.

/ GENERAL ORDERS No. 10.-The general desti
| tution prevailing among the population OF thi
military district cannot DC renewed Wilnout al
fording means for the developement of their in
dustrial resources. The nature and extent OF thu
restitution demand extraordinary measures. Ih'
| people are borne down by aheayy burden OF debt
| the crops of grain and garden produce failed las
year. many families have been deprived OF shell
| ter, many more need food end clothing, needfu
implements and auxiliarics OF husbandry are very
scarce; the laboring population IN numerous 10
| piled with food by the Government OF the United
States the inability OF large portion OF the PEG
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 sacrihce the genera gooo
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 of the 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 mti-
gate the distress existing, and that the aven-
ues of industry enterprise, and organization thus
opened VIII u TIC pCiulduOub
and future happiness OF the people.
l. Imprisonment for debt is prohibited, I'M
less Il 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 Tor the payment
of money on causes of action arising between the
10Th 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 Tor 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
10Th of December, 1860, unless upon the written
consent of the defendants, except In cases where
the plaintiff or in his absence his agent or attor
ney, shall upon oath, with corroborative testimo
ny, allege or prove that the defendant is moving
or intends frauduleRtly 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
the payment of interest money accrulng since the
18th day of May, 1865, shall not have been made
before the day of sale.
". Judgments or DEGREES entered or en-
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 respectively to
determine that question shall be adopted.
V. All proceedings for the recovery of
money under contracts, whether under seal or by
which hp
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 otmon-
ey and other for the cultivation OF the soil.
VII In all sales of property under execution
or by order of any court there shall reserved out
of the property of any defendant, who has a fami
ly dependent upon his or her labor, dwelling
house and appurtenances and twenty acres OF
land for the 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 inurc on
ly to the benefit OF tumilies-that is to say, pa
rent parents and child or children-in other ca
ses the exemption shah 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
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
and demands, shall be recognized in 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
these headquarters or to the commanding officer
of the post within which such officer resides.
TX. Property of an 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 interfered with except in the execution of a
Judgment or final decree in cases where they are
authorized to be enforced.
X. In suits brought to recover ordinary
debts known actions contractu bail as hereto
fore authorized, shall not be demanded by the suit
or nor taken by the sheriff or other officer serving
conversion OF property, and other cases, known
as actions delicto, ball. as heretofore authorized
may be demanded and taken. The prohibition
of bail in cases cOntrdctu 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
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 offense, 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
nv service of the United States, is prohibited
The concealment of such 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
shall result from the use of such weapons, proof
that the party carried or concealed deadly
weapon shall be deemed evidence of felonious
attempt to take the life of the injured person
XIII. The orders heretofore issued in this
military department prohibiting the punishment
of crimes and ofenses by whipping, manning,
branding stocks, pillory, or other corporal punish
ment are in force and will be obeycd by all persons
XIV. 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
stolen Of the value of S5 of assault and
will tO Of