Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-04-19
THE MILITARY STAY LAW IN THE
CAROIFNAS

The telegraph announced q few days
since that Gen. Sickles had issued an or.
der staying the collection of civil debts in
North and South Carolina. The Charles
ton papers of the day following contain a
copy of the order at length. 1t is said TO
give great satisfaction. We copy so much
as is necessary to a general understanding
of the letter and spirit of the order:
l. Imprisonment for debt is prohibited,
unless the 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.
III. Judgments or DEGREES, for the pay
ment of money, on causes of action arising
between the 18th Of December, 1860, and
the 18th of May, 1865, shall not be en-
forced by execution against the property or
the person of the defendant. Proceedings
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.
III. Sheriff., coroners and constables,
are hereby directed to suspend for twelve
calendar MONTHS the sale of all property,
upon execution or process, on liabilities
contracted prior to the 18th of December,
1860, unless upon the written consent of
the defendants, except in cases where the
plaintiff, or in his absence, his agent or at
torney, shall, upon oath, with corrobcra-
tive testimony, allege and prove that the
defendant is removing, or intends fraudu-
lently 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
enrolled, on causes Of action arising sub
sequent to the 10Th of May, 1865, may be
enforced by execution against the property
ofthe defendant; and in the application of
the money arising under snch executions
IGBdIu SlidlI Dc Ildu " Tie pIlOIIlN Ol ll6IlS,
unless in cases where the good faith of any
lien shall be drawn in question. In such
cases the usual mode approaching adopted
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 purchase OF negroes, are suspended.
Judgements or DEGREES entered or enrolled
for such cause of action, shall not be en-
forced.
VI. All advances of moneys, subsistence,
implements and fertilizers, loaned, used,
employed or required for the purpose of
aiding the agricultural pursuits of the peo-
pie, shall be protected. And the existing
laws which have provided the most efficient
remedies in such cases for the lender will
be supported and enforced. Wages for
labor performed in the production of the
crop shall be lien on the crop, and the
payment of the amount due for such wages
shall be enforced by the like remedies pro-
vided to secure advances of money and
other means for the cultivation of the soil.
VII. In all sales of property under ex-
ecution or by order of any court, there
shall be reserved out of the property of
any defendant, who has a family dependent
upon his or her labor, a 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, husbandry or other employments,
of the value of five hundred dollars. The
homestead exemption shall inure only to
the benefit of famiIes-that is to say, to
parent or parents and child or children.
In other cases, the exemption shall extend
only to clothing, implements of trade or
other employment usually followed by the
defendant, of the value of one hundred
dollars. The exemption hereby made shall
not be waived or defeated by the act of the
defendant The exempted property of
the defendant shall be ascerta;ned by the
sheriff, or other officer enforcing the execu-
ton, who shall specifically describe the
same and make a report thereof in each
case 10 the cOurt