The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-04-23

in aDy wise Interfereo Win except LII tne eau
cution of judgment or final decree, in cases
where they are authorized to be enforced.
x. In suits brought to recover ordinary debts,
known as actions er eontractu, 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 tresspass, libel, wrong
full conversion of property, and other cases known
as actions er delicto bail heretofore authorized
NAV be demanded and taken. The prohibition
of bail in cases er contractu shall not extend to
narties about to leave the State; but the fact Of
intention must be clearly established by proof.
XII. In criminal proceedings the usual recog-
nizances 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
persons authorized by law to issue a warrant fer
breach of the peace, or criminal offence, it shall
be the duty of such magistrate or officer to issue
bis warrant upon the recognizauce of the COM
plainant to prosecute, without requiring him to
give security on such recognizance.
XII. The practice of carrying deadly weapons,
except by officers and soldiers in the military
service of the United States, is prohibited. The
concealment of such weapons on the person will
be deemed an aggravatiou of the offence A
violation Of this order will render the offender
)
Commission Whenever wounding or killing
shall result from the use of such weapons, proof
that the party carried or concealed deadly
weapon, shall be deemed evidence Of feIonlous
intent to take the life of the injured person.
XIII The orders heretofore issued 10 this
Military Department, prohibiting the punish
ment of crimes and offences by whipping MAIN
ing, branding, stocks, pillory or other corporeai
punishment, are in force and will be obeyed by
all persons.
XIV. The punishment of death in certain
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 pro-
perty stolen is of the value of twenty-five col
lars; of assault and battery with intent to kill;
or of any assault with deadly weapon, shall be
deemed guilty of felony, and shall be punished
by Imprisonment at hard labor for term not
exceeding ten years, nor less than two years in
the discretion of the Court having jurisdiction
thereof. Larceny, when the value of the pro-
perty stolen is less than twenty five dollars, shall
be punished by imprisonment at hard labor for
term not exceeding one year, in the discretion
of the Court
XIV. The Governors OF North and South
Carolina shall have authority, within their ju-
risdctions respectively, to reprieve or pardon
any person convicted and sentenced by civil
court, and to remit fines and penalties
XVI. Nothing in this order shall be con-
strued to restrain or prevent the operation of
proceedings in bankruptcy, in accordance with
the acts of Congress in such cases made and
provided, nor with the collection Of any tax,
impost, excise, or charge levied by authority of
the United States or of the Provisional Govern
ments of North and South Carolina; but no i'm
prisonment for overdue taxes shall be allowed.
Nor shall this order or any law of the Provis
ional Governments of North or South Carolina
operate to deny to minor children, children
coming Of age, or their legal representatives,
nor to suspend as to them, any right Of action,
remedy, or proceeding, against Executors, Ad
minstrators, Trustees, Guardians Masters or
Clerks of Equity Courts or other officers or per-
sons holding fduciary relation to the parties
or the subject matter Of the action or proceed
ing.
XVII. Any law or ordinance, heretofore in
force in North or South Carolina, inconsistent
with the provisions of this General Order, is
hereby suspended and declared imperative.
BY command of Major General D E. Sickes.
J. W. CLOUS,
Capt 3Sth y. s In. A D g & A A A G.
Official: j. w. CLoUs, Abide Camp.