Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-04-25
CHARLEsToN, s. c., April I4--The
following order was issued by General

CHARLEsToN, S. c., April I4-The
following order was issued by General
Sickles to-day:
GENERAL ORDERS, NO. 10.
HEADQUARTERS SECOND military przrR1cr.
C~ttARLEsroN, g., april II, 1867.
The general destitution prevailing
among he population Of this military
district cannot be relieved without affoFd-
ing means for the development Of their
industrial resources. The nature and
extent OF the restitution demand extra
ordinary measures. The people are borne
down by a heavy burden of debt; che
crops of grain and garden produce failed
last year; many families have been
deprived of shelter, many more need
foo o clothing; needful implements
and auxiiiaries of ~husbandry are
very scarce; the laboring population in
numerous localities are threatened with
starvation unless supplied with food by
the government Of the United States +;
the inability OF a large portion of the
people to pay taxes leaves the local au-
thorlties without adequate means Of
relief, and the gravity of the situation
is increased by the general disposition
shown by creditors to enforce upon an
impoverished people the immediate col
lection OF all claims. To suffer all this
to go on without restraint or remedy is
10 sacrifice the general good. The rights
OF creditors shall be respected, but the
appeal of want and suffering must be
needed. Moved by these considerations,
the following regulations are announced,
and they will continue in force, with such
notifications as the occasion may re-
quire, until the civil government Of the
respective states shall be established in
accordance with the requirements of the
government Of the United States. The
commanding general earnestly desires
and confidently believes that the OBJ
servance OF these regulations and the CO.
operation of all persons concerned in
employing fairly and justly the advan-
tages still remaining to them. viii miti-
gate the distress now existing, and that
the avenue of industry, enterprise and
organization thus opened viii contribute
to the permanent welfare and future
happiness Of the people:
l. imprisonment for debts prohibited,
unless the defendant in execution shall
be convicted of a fraudulent c~oncealment
or disposition of his property with intent
to hinder, delay, and prevent the credi-
tor in the recovery of his debt or de-
LAA&AAA e auA tut aAhlEG4ALZ0 AOh ENLAO-
lished in North and South Carolina re-
s~pectively for the trial and determining
of such questions may be adopted.
?. Judgment or DEGREES for the pay
ment of money on causes of action ari-
sing between the nineteenth of De-
cember, 1850, and the fifteenth of May,
1865, shall not be enforced by execution
sgainst the property or the person Of the
defendant. Proceedings in such aust
Of action now pending shall be stayed,
and no suit or process shall be hereafter
instituted or commenced for any such
causes Of action.
8. Sheriffs, coroner 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,
1850, unless upon the written consent of
the defendants, except in cases where
the plaintiff, or in his absence his agent
or attorney, shall, upon oath, with cor
rObOTative testimony, allege and prove
that the defendant is moving or intends
fraudulently 20 remove his property be-
yOnd the territorial jurisdiction Of the
court. The sale Of re8. or personal prop.
eTty by iOreOlosure OF mortgage is like
wise suspended for twelve calendar
months, except in cases where the pay
ment Of interest money accruing since
the 18th day Of May, 1865, shall not have
been made before the day of sale.
4. Judgments of DEGREES entered or
enrolled on causes of action arising Sub
sequeut to the 18th Of May, }Se5, may
be enforced by execution against the
property OF the defendant, and in the
application Of the money arising under
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 adopted in
North and South Carolina, respectively,
to determine thGt question shall be
adopted.
5. All proceedings for the recovery of
money under contracts, whether under
seal Dr. by parole, the consideration for
which was the purchase Of negroes, are
suspended. Judgments or DEGREES en-
tered or enrolled for such causes of ac-
ton shall not be enforced.
6. All advances OF moneys, subsist-
ence, implements, and fertilizers loaned,
used, employed, or required for the pgr-
pose Of aiding TIE Agricultural pursuits
OF the people shall be protected, and the
existing laws which have provided the
most efficient remedies 10 such cases for
the lender will be supported and en-
forced. Wages for labor performed in
the production n ths crops shall be a
lien on the crop, and payment of the
amount due for sush wages shall be en-
forced by the like rKe>dies provided to
secure advances OF money and other
means for the cultivation OF the soil.
Z. In all sales Of property OF execution
or by order of any court, there shall be
reserved out of the property Of any de-
feudaBt who bsg { faLauy dependent
upon ms or heF LABOR a dwelling and ap-
puFtenances and twenty acres of land for
the use and occupation Of the family Of
the defendant, and necessary articles Of
furniture, apparel, subsistence, imple-
ments Of trade, ~husbandry, or other en-
pigment Of the value Oh So0p. The
homestead exemption shall enure only
to the benefit of fsmilies-thaf to say,
parent OF parents a child Or children
in other cases the exemption shall ex-
tend only to clothing, implements Of
trade or other employment usually fol-
lowed by the defendant, of the value of
S1O0. The exemption hereby made shall
not be waived or defeated hy the act of
the defendant The exempted property
- EkAE A1aNAAA4AAa EAAAAA Ag WI A@A ~
the sheriff or other officer enforcing the
execution, who shall specifically describe
the same and make q report thereof in
each case to the our
S. The currency Of the United States
declared by the go2gSsa3 Of The Omitted
states to be a legal tender in the pay
ment of ell debts, dues and demands
shall be so recognized ia North and
South Carolina, and all cases in which
the same shall be rendered in payment
and refused by any public officer viii be
at once reported TO these headquarters,
or to the commanding officer of the post
within which such officer resides.
9. Property OF an absent debtor, or one
charged as such without fraud, whether
consisting of money advanced for the
purposes Of agriculture 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 inteFfeced with, TX
.cept in the execution OF q Judgment or
final decree in eases where they are au-
thOrized to be enforced.
10. In suits brought to recover Ordi-
nary debts, known as actions &c con
EFQCtU, AL as heretofore auLnOE-
lied, shall not be demanded by the
sutton nor taken by the sheriff or other
serving the process; in suits for
trespass, libel, wrongful conversion of
property, and other cases, known as ac-
lions eC deiioto, bail, 5 heretofore au-
thoTized, may be demanded and taken.
The prohibition of bail in cases eT con-
trdctu shall not extend to parties about
to leave the state but the fact of inten-
ton must be clearly established by proof
IL. In criminal proceedings the usual
recognizanees shall be required and taken
by the proper civil officers heretofore
by law to take the same, pro-
vided that upon complaint being made
TO any magistrate or other person author
lied by law to issue q warrant fer breach
Of the peace or any criminal o~ttense, it
shall be the duty Of such magistrate or
to issue his warrant on the rec0g-
nizance of the complainant to prosecute,
without requiring him &c give security
on such recognizanee.
u. The practice of carrying deadly
weapons, except by officers and soldiers
ia the military service of the United
Is prohibited. The -eoncealment
Of such weapons on the person will be
deemed an aggravatiOn Of the Offense. A
violation of this order will render the
offender amenable to trial and punish
mani by military oorrn nfqnipn Whap-