The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-04-17

enforcing the execution, who shall
specifically describe the same and
make report thereof in each case to
the court.
VIII. The currency of 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 80 recognized in
North and South Carolina. And all
cases in which the same shall be ten
dered in payment, and refused by any
public officer, will be at once reported
to these headquarters or to the Com
manding Officer of the Post within
which such officer resides.
TX. Property of an absent debtor,
or one chargedas 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 pro-
cess 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 anywise interfered with, except
In the execution of Judgment or
final decree, i'll cases where they are
authorized to be enforced.
x. In suits brought to recover Or
dlnary debts, known as actions &c
contrdctu, bail as heretofore author
lied shall not be demanded by the
suitor, nor taken by the sheriff or
other officer serving the process. In
suits for trespass, libel, wrongful con-
version of property, and other cases
known as actions er delicto, bail as
heretofore authorized may be de-
manded and taken. prohibition
of bail in cases e.r contractu 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, the
usual recognizances shall be required
and taken by the proper civil officers
heretofore authorized by law to take
the same: Prooided, That upon COM
plant being made to any magistrate
or other person authorized by law to
issue a warrant for breach of the
peace, OF any criminal offence, it shall
be the duty of such magistrate or
officer to issue his warrant upon the
recognizance of the complainant to
prosecute, without requiring him to
give security on such reoognizance.
XII. The practice of carrying dead
ly 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 aggravation
of the offence. A violation of this
order will render the offender amena-
bile to trial and punishment by mill
tary commission. Whenever wound
ing or killing shall result from the
use of such weapon, proof that the
party carried or concealed n deadly
weapon shall be deemed evidence Of
q felonious intent to take the life of
the injured person.
XIII. The orders heretofore issued
in this Military Department, prohi-
biting the punishment of crimes and
offences by, whipping, manning,
branding, stocks, pillory, or other
corporal 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 government in this mill
tary district, is abolished Any per-
son convicted of burglary, Of lar
ceny, when the property stolen is of
the value of twenty-five dollars; of
assault and battery with intent to
kill; or Of any assault with n deadly
weapon, shall be deemed guilty of fe-
lony, and shall be punished by impr--
sonment 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 property 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 Jurisdictions respect
lively, to reprieve or pardon any per-
son convicted and sentenced by
civil court, and to remit fines and
penalties.
XVI. Nothing in this order shall
be construed restrain or prevent
the operation Of proceedings in bank
ruptcy, in accordance with the Acts
OF Congress in such cases made and
provided, nor with the collection of
any tax, impost, excise, or charge le-
We'd by authority of the United