The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-25
Gen, Sickles' Order.
Hdors seeoud military District,
CHARLESTON, s. c., April IL, 1856

|
people are borne down by aheavy burden OF deDt,
the crops of grain and garden produce Jailed las,
year, many fanatics have been deprived Oh snei,
ter, many more need food and clothing, useful
implements and auxiIiaries OF husbandry are very
scarce; the laboring population in numerous To-
calities 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 lmpover,,
ished people the immediate collection OF all
claims. To suffer all this to go on without re-
straint remedy is to sacrifice the general good.
The rights of creditors shall be respected, but the
appeals of want and suffering must be needed.
| MoYed by these considerations, the following reg
ulatiOns are announced, and they willcontlnue In
| force with such modification as the occasion may
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
the advantages still remaining to them, will miti-
gate the distress 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.
| First Imprisonment for debt is prohibited, un-
less tie 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
determining of such questions, may be adopted
| Second: Judgment DEGREES for 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 commenced for any such
causes of action.
Third Sheriffs, coroners and constables are
hereby directed to suspend for twelve calendar
months the sale of all property upon execution
of process 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 corroboratiye testimo-
ny, allege prove that the defendant is moving
or intends fraudulenty 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 May, 1865. may be Endorsed by
execution, against the property OF the defendant
and in the application of the money arising I'M
Ter 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
Sucn cases The usual mOCe OF aQOp-
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.
Saith: 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 provi-
ded the most efficient remedies in such cases for
the lender will be supported and enforced wages
for labor performed in eproduction of the crops
shall be lien on the crop, and payment OF the
amount due for such wages shall be enforced by
like remedies provided to secure advances ofmon
ey and other means for the cultivation of the SOIL
Seye,sth 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 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 inurc on.
ly to the benefit of tamlies-that is to say, pa
rent or parents and child or children-in other
ses the exemption shall extend only to clothing,
implements of trade or other employment usu-
allv followed by the defendant, of the value of
$780, 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
Eighth: 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 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 an absent debtor or 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 nor shall
| the possession or the of the same be in any
wise interfered 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 as actions contractu, bail, as heretofore
authorized, shall not be demanded by the sutton
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 dectO bail, heretofore authorized,
| may be demanded and taken. The prohibition
of bail in cases ec contrdctu shall not extend to
persons about to leave the State, but the fact of
| intention must be clearly established by proof.
| EzeoentA In criminal proceedings the usual re-
| cognizances shall be required and taken by the
proper civil officers heretofore authorized by law
| 10 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 ofese it shall be the
duty OF such magistrate officer TO issue his
| warrant on the recogniZance of the complaint to
prosecute without requiring him to give security
| on such recognizance
| IIcelt3h: 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 aggrayation 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 person carrying conceang deadly
weapon Shall be deemed evidence of felonious
attempt to take the life of the injured person.
Thi1teenth: The order heretofore issued in this
military department prohibiting the punishment
of crimes and otfenses by whipping, manning,
branding stocks, pillory, other corporal punish
ment 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 of larceny, when the
property stolen is of the value of S25 of assault
and battery with intent to kill, of 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