The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-21
Gen. siokles' Order.
udnrs seeond military District,

tordlng means for the development OF their In
dustrial resources The nature and extent OF tn
restitution demand extraordinary measures Tn
people are borne down by aheavy burden OF debt
the crops of grain and garden produce failed las
year, many fanatics have been deprived OF shel
ter, many more need food end clothing usefu
implements and auxiliaries OF husbandry are yer,
scarce; the laboring population in numerous 10
calities threatened with starvation unless sup
piled with food by the Government OF the United
States; the inability of large portion or the peo
pie to pay taxes leaves the local authorities with
out adequate means of relief, and the gravity o
the situation increased by the general disposition
shown by creditors to enforce upon an impover
ishcd people the immediate collection OF al
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 will continue In
force with such modification us the occasion may
require until the civil governments OF the respec
the requirements ofthe Government fthe United
States. The commanding General earnestly de-
sires and confidently believes TINT the observance
of these regulations aud tho cooperation OF oil
persons concerned In employing fairly and justly
the advantages still remaining to them, will miti.
gate the distress now 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
vi COncealmtnt OF QlSpOSltlOH OF MS
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-
| ceedings 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: Sheritfs, 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
| 18th 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 corroborative testimo-
ny, allCge 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
10Th day of May, 1885, 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 10Th 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 mad to the
! 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.
FyM: All proceedings for the recovery of
money under contracts whether under seal or by
parole, the consideration for which the pur-
| chase of negroes, are suspended. Judgments or
DEGREES entered enrolled for such causes of ac-
ton shall not be enforced
Sirth: 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 prOv-
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
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
SegeHth: 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 q fami |
ly dependent upon bis 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 |
" to the benefit of tamilies-that is to saw pa |
rent or 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 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 use 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 actions cOntrdctat bail, 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 decto bail, as heretofore authorized,
may be demanded and taken. The prohibition
of bail ineases &c contractm shall not extend to
persons 4oout to leave the State but the fact of
intention must be clearly established by proof.
EleUentk 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 any criminal offense it shall be the
duty OF such magistrate officer TO issue his
warrant on the recognizlnce Of the complaint to
prosecute without requiring Linn to give security
on such recOgnizance
Twel1A: 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 ofensc. A
violation of this order will render the offender
ameuablc to trial and punishment by military
commission. Whenever wounding killing
shall result from the use OF such weapons, proof
that the person carrying or conceaing deadly
weapon shall be deemed evidence of felonious
attempt to take the life of the injured person.
TniYteenM: The order heretofore issued in this
military department prohibiting the punishment
of crimes and ofenses by whipping, manning,
branding stocks, pllory, 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
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- |
n.y. and shall be punished by Imprisonment at
hard labor for term not exceeding ten years nor
less than two years, in the discretion CT the court
having Jurisdiction thereof Larceny when the |