The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-23
Gen. siokles' Order.
Hdors second Military District,

CHARLESTON, s. c., April II, 1867
GENERAL ORDERS No. 10.-The general dest
tuition prevailing among the popuiatlon OF Uni
military district cannot be relieved without al
fording means for the developement OF their IN
dustrial resources. The nature and extent OF tn
restitution demand extraordinary measures. In
people are borne down by u heavy burden OF debt
the crops of grain and garden produce failed las
year, many fanatics have been deprived OIL snel
ter, many more need food and ciothIng, uselu
implements and auXilareso OF husDandry are yer
scarce; the laboring population in numerous 10
calities are threatened with starvation unless sup
piled with food by the Government OF the Unite'
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 o
the situation is increased by the general disposition
shown by creditors to enforce upon an lmpoVer
ished people the immediate collection OF al
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 thu
appeals of want and suffering must be needed
Moved by these considerations, the following reg
ulations are announced, and they will continue il
force with such modification as the occasion ma,
require until the civil governments OF the respec
tive States shall be established III accordance witt
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 al
persons concerned in employing fairly and Justly
the advantages still remaining to them, will miti
gate the distress now existing, and that the aven
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, I'M
less tie 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 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 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
ceedngs 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: 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 attor-
ney, shall upon oath, with corrOboratiye 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.
Fourth: Judgments 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
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
ton shall not be enforced.
| Sirth: All advances of moneys, subsistence,
| implements, and fertilizers, loaned, used, en-
ployed, 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 the production of the crops
shall be II 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
| SeUenth: In all sales of property and execution
by order of any court there shall De 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 or other employment of the value of
$500. The homestead exemption shall inure on
: ly to the benefit of tamilies-that is to say, pa
4
ses the exemption shall extend only to clothing,
implements of trade or other employment
ally followed by the defendant, of the value of
800. 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 other officer en-
forcing the execution who shall specifically de-
scribe the same, and make a 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
a legal tender in the payment of all debts, dues,
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 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 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
| TENTH: In suits brought to recover debts
known as actions er cOntrdctu, ball. as heretofore
| authorized, shall not be demanded by the sutton
nor 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 delcto bail, as heretofore authorized
| may De Qclnduucu ana tdken. Inc prOllDulOn
of bail in cases er cOntractu shall not extend to
persons about to leave the State but the fact of
| intention must be clearly established by proof
| Eleventh 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 other person
| authorized by law to issue warrant for breach
of the peace or any criminal offense 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.
Tt0e!tth: 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 such weapons on the person
will be deemed an aggravation of the offcnse. A
violation of this order will render the offender
amenable to trial and punishment by military
| commission. Whenever wounding or killing
shall result from the use of such weapons proof
that the person carrying or concealing 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 pilory, or 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
/ ILL., star 1ycfp sa< 4l@1s- l..1