The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-04
MaY l6. 1867.
HEADQUARTERS, SECOND MILITARY DISTRICT,

military district cannot be relieved without af
tording means for the Development Of their in
dustrial resources. The nature and extent of the
restitution demand extraordinary measures. The
people are borne down by aheayy burden OF debt,
the crops of grain and garden produce failed last
year. many families have been deprived OF shell
ter many more need food and clothing, needtul
implements and auXiliares OF husbandry are very
scarce; the laboring population in numerous To-
caties are threatened with starvation unless sup
piled with food by the Government of the United
States; the inability of large portion of the peo
pie to pay taxes leaves the local authorities with
out adequate means of relief, and the gravity of
the situation is increased by the general disposition
shown by creditors to enforce upon an impover-
ished people the immediate collection OF all
claims. To suffer all this to go on without re-
straint or remedy is to sacrifice the general good.
The rights of creditors shall be respected, but the
appeal of want and suffering must be needed.
Moved by these considerations, the following reg
uatons are announced, and they will continue in
force with such modification lis the occasion may
require until the civil government OF the respec-
tive States shall be established in accordance with
the requirements of the Government of the United
States. The commanding General earnestly de-
sires and confidently believes that the observance
of these regulations and the cooperation of all
persons concerned in employing fairly and justly
the advantages still remaining to them, will mii-
gate the distress now existing, and that the aven-
ues of industry, enterprise, and organization thus
opened will contribute to the permanent welfare
and future happiness of the people
I. Imprisonment for debt Is prohibited, I'M
less Il defendant in execution shall be convicted
of fraudulent concealmcnt or disposition of his
property with intent to hinder, delay and prevent
the creditor in the recovery of his debt or demand,
and the proceedings now established in North
and South Carolina respectively, for the trial and
determination of such questions, may be adopted.
H. Judgment or DEGREES tor the payment
of money on causes of action arising between the
18th OF December 1860, and the 18th OF May, 1850,
shall not be enforced by execution against the
property or the person of the ,efendant. Pro-
ceedngs in such causes of action now pending
shall be stayed, and no suit or process Shall be
hereafter instituted or commenced Tor any such
causes of action.
Ill Sheritfs, coroners and constables are
hereby directed to suspend for twelve calendar
months the sale of all property upon execution
of process on liabilities contracted PRIOR to the
10Th of December, 1860, unless upon the written
consent of the defendants, except in cases where
the plaintiff or in his absence his agent or attor-
| ney shall upon oath, with corroborative testimo
| ny, alltge prove that the defendant is moving
or intends fraudulently to remove his property
beyond the territorial jurisdiction of the Court.
| The sale of real 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
| l7cn1Iay of May, 1865, shall not have been made
R4TD the day of sale.
| u Inducements or DEGREES entered or en-
| r6fed on causes of action arising subsequent to
the 18th of May, 1865: may be enforced by
execution, against the property OF the defendant,
| and in the application of the money arising I'M
| der such executions regard shall be had to the
| priority of liens unless in cases where the good
| faith of any lien shall be drawn in question. In
such cases the usual mode of proceeding adop-
| ted in North and South Carolina respectively 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 pur-
chase of negroes, are suspended. Judgments or
DEGREES entered or enrolled for such causes OF ac-
ton shall not be enforced.
! VI. ALI advances of moneys, subsistence,
| implements, and fertilizers, loaned, used, en-
ployed, or required Tor the purpose of aiding the
agricultural pursuits of the people, shall be pro-
teeted. and the existing laws which have provi-
ded the most efficient remedies in such cases for
the lender will be supported and enforced; wages
for labor performed in the production OF the crops
shall be Il lien the crop, and payment OF the a.
mount due for such wages shall be enforced by the
| like remedies provided to s,curc advances ofmon-
ey and other means for the cultivation OF the SOIL
| VII In all sales Of property under execution
or by order any court there shall be reserved out
| of the property of any defendant, who has fami-
| ly 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, implements OF trade nus
| bandry or other employment OF the value OF
| $500. The homestead exemption shall inure on
| ly to the benefit of tumies-that is to say, pa
rent or parents and child children-in other ca
ses the exemption shall extend only to clothing,
| implements of trade or other employment usu-
ally followed by the defendant, of the value OF
$780, The exemption hereby made shall not be
waived or defeated by the act of the defendant
| The exempted property of the defendant shall
be ascertained by the Sheriff or other officer en-
forcing the execution, who shall specifically de-
scribe the same and make a report thereof in
each case to the Court.
VIII. The currency of the United States de-
clared by the Congress of the United States to be
legal tender in the payment of all debts, dues,
and demands, shall be recognized in North and
South Carolina. And all cases in which the
same shall be rendered in payment and refused
by any public officer will be at once reported to
| these headquarters or to the commanding officer
| of the post within which such officer resides.
| TX Property of an absent debtor or one
charged as such without fraud, whether consist
ing of money advanced for the purposes of agri-
culture or appliances for the cultivation of the
soil, shall not be taken under the process known
as foreign attachment; but the lien created by
any existing law shall not be disturbed, nor shall
the possession or the of the same be in any
wise interfered with except in the execution of a
| judgment or final decree in cases where they are
| authorized to be enforced.
x In suits brought to recover ordinary
debts known actions contTdctu, ball. as hereto
fore authorized shall not be demanded by the suit
or nor taken by the sheriff other officer serving
the process in suits for trcspass, libel wrongful
conversion of property, and other cases, known
as actions deict0 bail, as heretofore authorized
| NAV be demanded and taken. The prohibition
| of bail in cases contrdctn 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 re-
cognizances 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 person
| authorized by law TO issue warrant for breach
of the peace any criminal ofense, shall be the
duty OF such magistrate or officer TO issue his
warrant upon the recogniZance of the complaint to
prosecute without requiring him to give security
on such recogniZance.
XII. The practice of carrying deadly yiweap
ons except by officers and soldiers in the militia
| ~ service of the United States, is prohibited
| The concealment of such weapons on the person
| will be deemed an aggravatiOn of the ofense. A
| violation of this order will render the offender
amenabe to trial and punishment by military
| 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 felonious
| attempt to take the life of the injured person.
| XIII. The orders heretofore issued in this
military department prohibiting the punishment
of crimes and offenses by whipping, manning,
branding, stocks, plory, or other corporal punish
ment Elm force and will be obeycd by all persons.
XIV. The punishment of death in Ger
| tain 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 or of larceny, when the
property stolen of the value of $685. assault and
battery with intent to KILL of any assault with
deadly weapon shall-be deemed guilty OF felo,
ny, and shall be punished by imprisonment 81
hard labor for a term not exceeding ten years nor
less than two years. in the discretion of the court
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