The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-04-24

torney; shall upon oath, with corroborative
testimony, allege and prove that the de-
fendant is removing. or intends fraudulent
Ily 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, 1865,
shall not have been made before the day
Of sale. zsszs.;.
Nv. Judgment or detrees entered or
enrolled, on causes ofaclion arising subse-
quent to the 18th of May, 1865, may be
enforced by execution against the property
Of the defendant; and in the application
oftte money arising under such executions
regard shall. be had to the priority ofliens,
unless in cases where the good faith ofany
lien shall be drawnin question. In such
cases the usual mode of proceeding adopt
ed in North and South Carolina, respec-
lively, 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. Judgments or DEGREES en-
tered or enrolled for such causes ofaction,
shall not be enforced.
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 tile existing
| laws which have provided the most effi-
cient 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
payment of the amount due for such
wages shall be enforced by the like rene
dies provided to secure advances ofmoney
and other means for the cultivation of the
crop.
VII. In all sales of property under ex-
ccution or by order of any court, there
Shall be reserved out fthe property ofany
defendant, who has family 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, imple-
ments of trade, husbandry or other en-
ployment, of the value of FIVE hundred
dollars. The homestead exemption shall
inure only TO the benefit OF families-.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 fol-
lowed by the defendant, to the value OF
enc hundred dollars. The exemption
| hereby made shall not be waived or de-
teated by the act of the defendant: The
exempted property of the defendant shall
be ascertained by the Sheriff, or other Off
Ger enforcing the execution, who snail snail
specifically describe the same and make a
report thereof in each case to the court.
Will The currency ofthe United States,
declared bv the Congress of the United
States to be legal tender in the payment
of all debts, dues and demands, shall be
so recognized in North and South Carols
ma. And all cases in which the same shall
be rendered in payment, and refused by
any public officer, willbe st once reported
to these Headquarters or to the Command
inr Officer of the Post within which such
officer resides.
TX. Property of absent debtor, or one
charged as such, without fraud, whether
consisting Of money advanced for the pur-
poses of agriculture, or appliances for the
cultivation OF the soil, shall not be taken
under the process known as "Foreign At
tacbment y 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 de-
cree in cases where they arc authorized
to be enforced.
X. In suits brought to recover ordinary
debts. kuown as actions er coatractu, ball
ne heretofore authorized, shall not be de-
manded by the suitor, nor taken by the
Sheriff or other officer serving the process.
On suits for trespass, libel; wrongful con-
version of property, and other cases known
nc actions er odelicto, bail as heretofore au-
rhorizcd may be demanded, and taken
The prohibition of bail in cases &c contrac-
IT, shall not extend to parties about to
leave the State; but the fact of intention
must be clearly established by proof: !,
XII In criminal proceedings, the usual
recornizances shall be required and taken
by the proper civil officers heretofore au-
t6orized by law to take the same, Prous-
ded That upon complaint being made to
any magistrate or other person author, s Or
izcd by law to issue warrant for breach
of the peace, or any criminal offence, 1t
Shall be the duty Of such magistrate or
of1;cer Office to issue his warrant upon the re-
counizance ofthe complainant to prosecute,
without requiring him to give security on
such recognizance. -,
XII. The practice Q Of carrying deadly