The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-20
OFFICIAL.

UfflGiALs
III. Sheriffs, coroners and constables are
hereby directed to suspend for twelve calendar
of process on liabilities contracted prior to the
10Th of December, 1sG0, unless upon the written
consent OF the defendants, exceptin 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 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 or en-
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 iens 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
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,
|
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 ofmon.
ey and other means for the cultivation of soil
! VII In all sales of property under execution
or by order of court there shall be reserved out
| tbpr IF ar,yA xubo haso
| 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
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
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 OF 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
a legal tender in the payment of all debts, dnes,
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 absent deDIor
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 take 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 Il
Judgment or final decree in cases where they are
authorized to be enforced.
x In suits brought to recover ordinary
debts known actions cOntrGctu bail, as hereto
fore authorized, shall not be demanded by the suit
or 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, ball. as heretofore authorized,
may be demanded and taken. The prohibition
of bail in cases cOltrGctU shall not extend to
parties about to leave the State, but the fact 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 breach
of the peace or any criminal offense itshall be the
duty of such magistrate or 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
~ service of the United States, is prohibited
|
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 killing
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 offenses by whipping. manning,
branding stocks pillory, or 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 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 S5, assault and
battery with intent to KILL of any assault with
a 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
less than two years. in the discretion of the court
having jurisdiction thereof. Larceny, when the
value of the property stolen is less than S25, shall
be punished by imprisonment at hard labor for q
term not exceeding one year in the discretion OF
the court
XIV The Governors of North and South.
r Carolina shall have authority within their juris
dictions respectively, to reprieye or pardon any
} person convicted and sentenced by civil court,
, and to remit fines and penalties.
XVI Nothing in this order shall be con-
strued to restrain or prevent the operation OF pro-
ceedings in bankruptcy in accordance with the
acts of Congress in such made and provided,
with the collection of any tax, impost, excise
1 or charge levied by authority of the United
States OF the provisional governments of North
and South Carolina; but no Imprisonment Tor
over due taxes shall be allowed nor shall this or
der or any law of the provisional governments OF
North and South Carolina operate to deny to minor
children children coming of age OF their legal
representatives, nor to suspend as to them any
right of action, remedy or proceeding against ex-
ecutors, administrators, trustees, guardians, mas
tiers, clerks of equity courts, other officers OF
persons holding tduciary relation to the persons
or the subject matter of the action proceeding.
XVII. Any law or ordinance heretofore in
force in North or South Carolina Inconsistent
with the provisions of this General Order is here
by suspended and declared inoperatiye.,
By command of Major Gen. D. E. Sickles.
j. w. CLOUS, Capt.
3Sth U. s. Infantry, A. D. c. 81 A. A. A. G.