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

and the; practice Of carrying deadly weapons,
which order is announced to continue in force,
with such notifications as the occasion may de-
mand, until the civil governments Of North and
South Carolina shall be established, in accordance
with the requirements of the recent enactments of
Congress The order is, il ITSELF OF so important
a character, and works SO lRsny fundamental
changes in the existing civil law the Charles
ton Mercury, that q plain analysis Of its provis-
ions should be of general interest:
l. imprisonment for debts absolutely prohibited.
This provision is absolute, and the only exception
is in cases where the defendant shall, under the
existing civil laws be convicted of fraudulent con-
cealment of property with intent to defraud the
creditor.
2. No execution shall be enforced against the
person or property of any person upon any judg-
ment or decree, the cause of which arose between
December 49, 1860, and May is, 1866. Proceed
ings pending are stayed and no new suit or pro-
cess shall be commenced.
8. The sale of oil property upon execution for
liabilities contracted prior to December 1860, is
suspended for twelve months, unless upon written
consent of defendant, or in c.ses where fraudulent
intent on the part of the defendant is alleged and
proved The sale of real or personal property un-
der foreclosure of mortgage is also suspended, e1
cept in cases where the interest accruing since the
18th May, 1866, shall not hare been paid before
the day of sale.
4. In cases of debts contracted, or other causes
of action arising subsequent to May Is, 1855, ex-
property of the defendant.
8. All proceedings for th, recovery of money
upon contracts, the consideration for which was
the purchase of negroes, are suspended, and
judgment in such cases shall aol be enforced.
6. Advances of money for she purpose of aiding
the agricultural pursuits of The people shall be
protected, and the existing civil laws in relation to
these remain in force.
Z. In oil sales of property under execution, or
by order of any court there shall be reserved for
the defendant if he have q family, dwelling
house and appurtenances, twenty acres Of land,
and furniture, apparel and implements to the val
ue of $500. This is in the case of families, but
in other cases only clothing implements, &C., to
the value of 500 are exempt.
8. United States currency:Hs declared to be legal
tender in every instance, and persons refusing to
accept such currency will, be reported.
9. The property of an absent. debtor, without
fraud, shall not be taken under the process Of
"foreign attachment" but existing liens shall not
be disturbed.
TO- In suits to recover ordinary debts bail shall
not be demanded or taken, but in suits for tres
pass libel and wrongful conversion of property it
may be demanded and taken as now authorized.
In the case of suits for recovery of ordinary debts
bail may, however, be required where the inten-
ton of the pdrtes to leave the State is clearly
proved. - ;=-r;7
IL. In criminal cases the usual recognizances
may be required; but upon complaint warrant
may be issued upon the simple recOgnizance of the
complainant to prosecute.
-. The carrying of oil deadly weapons, openly
or concealed except by officers or soldiers in the
service of the United States is prohibited, under
penalty of trial by military commission.
49, The prohibition of whipping, manning,
branding &c., as punishment for Offenders, as al
ready ordered, is continued.
/ IA. The death punishment in certain cases of
burglary and larceny is abolished; and sentences
for burglary and larceny are prescribed.
15 The Governors of North and South Carolina
have authority to reprieve or pardon any person
convicted and sentenced by O civil court, and to
remit fines and penalties.
Is. The operations of the General Bankrupt
Law remain unimpaired as do the regulations for
the collection of the United States and State taxes;
but no imprisonmenttor overdue taxes shall be
allowed. Neither this order nor any State law of
North or South Carolina shall suspend as to, or
deny to, minor children, children coming of
age, or their legal representatives, any right of ac
tion or remedy against any person or persons hold
ing 6duciary relation to them.
IL. All laws or ordinances inconsistent with this
order are suspended and declared noperative
The summary of the whole is, that there shall
be no Imprisonment whatever upon civil process
except in cases of fraud that debts arising or
cruing during the war cannot be enforced by ex-
ecution upon property, and that pending proceed
ings in such cases are stayed; that tho sale of
properly for. debts contracted prior to December
19, 1860, is suspended for twelve months; that
the sale of property by foreclosure of mortgage is
similarly suspended unless the interest accruing
since May is, 1866, shall not have been paid be-
fore the day of sale and that there is q home
stead exemption in the case of families. and of
garments and tools in the case of individuals.
ANOTHER Ex-GovEnNoH ON TIE srrUArroN.-Ex-
Governor McRae, of Mississippi, has written q
letter concerning the present condition of public
affairs at the South After rehearsing the politi-
cal questions which led the South into contest of
force with the General Government, he says that