The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1867-04-20

written consent of the defendants, except in
cases where the plaintiff, or in his absence, his
agent or attorney, shall upon oath, with cor
roborativc testimony, allcgc and prove that the
defendant is removing, or intends fraudulcntly
to remove, his property beyond the territorial
jurisdiction of the court The sale of real or
personal property by foreclosure Of mortgage is
likewise suspended for twelve calendar months,
except iii cases where the payment Of interest
money, accruing since the 10Th day of May,
1860, shall not have been made before the day
Of sale.
~ Judgments or dccrccs entered or enrolled
on causcs Of action arising subsequent to the
10Th Of May, 1865, may be enforced by exc
cutlon against the property of the defendant;
and i'll the application Of the money arising
under such executions regard shall be had to
the priority of'licns, unless in caccs where the
good faith of any lien shall be drawn in question.
In such cases the usual mode of proceeding
adopted in North aud South Carolina. rcspec
lively, to determine that question, ST. II be
adopted.
V. All proceedings for the recovery of mo-.
ncy under contracts whether under seal, or by
parole, the consideration for which was the pur-
chase OF negroes, arc suspended. Judgments
or dccrccs entered or enrolled for such causes
of action, shall not be enforced.
VI. All advances of moneys, subsistence.
Implements and fertilizers, loaned, used, cul-
pluycd or required for the purpose Of aiding
the agricultural pursuits of the people, shall be
protected. And the existing laws which have
provided the most efficient remedies in such
for Tie lender, will be supported and enforced.
Waves for labor performed in the production
OF the crop shall be i'll lien OH the crop, and
payment Of the amount due for such wages
shall be enforced by the like remedies provided
to secure advances of money and other means
for the cultivation of the crop.
VII In all sales of property under cxccu-
ton or by order of any court, there shall be
reserved out of the property of any defendant
who lI.s family dependent upon his or her
labor. dwelling house and appurtcnanccs and
twenty acres Of land for the use and occup,-
ton Of the family of the defendant; and nc
ccsSary articles Of furniture apparel subsis-
'cncc, implements of trade. hushandry or other
employment, OF the value of five hundred dol
lars The homestead exemption shall inurc
only 10 the benefit Of familics-tllat 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 employ
nicnt usually followed by the defendant. to the
value of one hundred dollars. The exemption
| hereby made shall not be waived or defeated hy
the nc. OF tho defendant. The exc, pied pro
rtrty VI the defendant sli;i! be asccrta.ned by
Tho Scriir, CT ether officer oforcin: The cxccu-
ton, who s,l Specifically describe the same and
make report thereof in eae!l case to the
court.
VIII. The currcncy.or the United States
declared BY. the Congress Of the United States
TO be legal tender in the payment Of all debts
dues and demands, shall be 50 recognized in
North and South Carolina And i'll cases in
which the same shall be rendered in payment
and refused by amy public officer, will be at
once reported TO these Headquarters or to the
Commandin:; OAccr of the Post within which
s.c! oilccr resides
IN. Property of an absent debtor, or one
charged as such, without fraud, whether con
sising of money advanced for the purposes Of
agriculture, OF appliances for the cultivation of
the soil, shall not be taken under the process
known as Foreign Attachments" but the lien
created by any existing law shall not be- dis
turbc,l. nor shall the possession or the use of
the same be in any wise intcrfcrrcd with, eS-
ccpt in the execution of Judgment or final
decree, in cases where they arc authorized to be
enforced.
\. In suits brought to recover ordinary
debts, known rs actions &C contractu, bail as
heretofore authorized, shall not be demanded
by the suitor, nor taken by the Sheriff or other
officer serving the process In suits for tres
pass, libel, wrongful conversion of property,
and other eases known as actions &C deIicto,
bail as heretofore authorized may be demanded,
and taken The prohibition of bail in cases
cr coni,uctu, shall not extend to parties about
to leave the State; but the fact of intention
must be clearly established by proof. !:
Nj In criminal proceedings, tic usual re-