The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-04-16

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OFFICIAL.
Headquarters Second Military District,
CHARLESTON, s. G. April It'll, 1857
GENERAL ORDERS, No. 1O1
Tho general desttuton prevailing among the popula-
ton of this Military District cannot be relieved without
afordng means for the development of their industrial
resources The nature and extent Of the destuon de-
mand extraordinary measures. The people ars borne
down by heavy burden Of debt the crops Of grain and
garden produce failed last year, many families have been
deprived of shelter more need food and cothing
needful implements and au1liaries of husbandry are
very scarce the aborng population in numerous local.
ties are threatened with starvation unless supplied with
food by the Government of the United States; the in
ability of large portion of the people to pay taxes leaves
the local authorities without adequate means 9f rehef
and the gravity of the situation increased by the gen
eral disposition shown by editors to enforce upon an
impoverished people, the immediate collection of ell
claims
To suffer all this to 60 without restraint CT remedy
is to sacrifice the general good The rights OF credors
shall be respected but the appeal of want and suffering
must be needed. Moved by these considerations the
following regulations are announced: They will con.
tinue in force with such notifications as the occasion
may require until the civil government of the respective
States shall be established, in accordance with the re-
quirements of the Government OF tho United states
The Commanding General earnestly desires and conf
IDENTIFY believes that the observance Of these regulations
and the cooperation Of all persons concerned IN employ
ing fairly and justly the advantages still remaining to
them will mitigate the distress now exstne; and that
the avenues Of industry, enterprise, and the organza
ton thus opened will contribute to the permanent vel
fare and future happiness of the people,
Imprisonment for debt is prohibited; unless the de-
fendant in execution shall be convicted of fraudulent
concealment or disposition Of his property, with intent
to binder delay and prevent the creditor in the recovery
of his debt or demand And the proceedings now esab
shed in North and South Carolina, respectively for the
trial and determination Of such questions, may be
adopted.
II. Judgments or decrees for the payment OF money,
on causes of action arising between the 18th Of Decem
bor 1860 and 18th of May 1885, shall not be enforced
by execution against the property the person of the
pending shall be stayed; and suit process shall be
hereafter instituted or commenced for any such
causes of action.
M sherias, coroners, and constables, are hereby
directed to- suspend for twelve calendar months the sale
Of oil property upon execution or process On liabilities
contracted prior to tho 10th of December 1860, unless
upon the written consent of tho Defendants except in
cases where the plaintiff or in his absence, hs agent or
eee aud prove that the defendant Is removing or intends
fraudulenty to remove his property beyond the terrific
rial jurisdiction of the court The sale Of real or per
sonal property by foreclosure Of mortgage is likewise
su pende for twelve calendar months, except In cases
where the payment Of interest money, accrung since
the 18th day of May 1885, shall not have been made be-
fore the day Of sale.
w. Judgments or DEGREES entered or enrolled, on
causes of action arising subsequent to the 18th OF May
1856 nay be enforced by execution against the property
o. the defendant; and in the application Of the money
arising under such executions regard shall be had to the
priority of iens unless in where the good faith OF
any lien shall be drawn il question In such cases the
usual mode of proceeding adopted 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 by parole the consid
Grafton for which the purchase Of negroes, are sus-
pended judgments DEGREES entered or enrolled for
such Causes of action shall not be enforced.
vi. All advances OF moneys subsistence, implements
and fertilizers loaned used, employed 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 cases for the lender. will be supported and en-
forced. Wages labor performed in the production
of the crop shall be lien the crop, and payment OF
e amount due for such wages shall be enforced by the
like remedies provided to advances OF money and
other means for the cultivation Of the crop.
VII. In all sales OF property under execution or by
order of any court there shall be reserved out pro-
perty of any defendant, who has o family dependent
upon his or her labor, dwelling house and appurte.
nances and twenty of land for the use and occupa
ton of the family of the defendant and necessary art
cles Of furniture, apparel, subsistence, Implements
of trade, husbandry or other employment, OF the
value of five hundred dollars. The homestead e1-
empon shall inure only to the benefit OF farn1lesthat
is to say to parent parents and child OF Children In
other cases. the exemption shall extend only to clothing
implements of trade or other employment usually fol.
lowed by tho defendant to the value CT one hundred
dollars he exemption hereby made shall not be waived
or defeated by tho act Of the defendant The exempted
property of the defendant shall be ascertained by the
Sheriff. or other officer enforcing the execution, who
shall specifically describe the and make report
thereof in each case to the court
VIII The currency of the United States declared by
the Congress of the Uuted States to be legal tender in
the payment of all debts dues and demands, shall be so
recognized in North and South Carolina. And all cases
in which the same shall be tondered in payment, and
refused By any public officer will be at reported to
these Headquarters or to the Commanding Officer Of the
Post within which such officer resides.
TX Property Of absent debtor, or one charged as
such, without fraud whether consisting Of money ad
vanced for the purposes of agriculture appliances fol
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 disturbed
shall the possession the Of the same be IN any
wise nterferea WITH except in the execution of judg
ment or final Decree where they authorized
to be enforced.
K In suits brought to ordinary debts, known
as actions ez contractu bail heretofore authorized
shall not be demanded by the sutor, nor taken By the
Sheriff or other officer serving the process In suits fol
trespass libel wrongful conversion of property, and
other cases kncn actions deco bail as heretofore
authorized may be demanded, and TAKEN The prohibt
ton of bail in cases eonacp shall not extend to par
ties about to leave the State but the fact of intention
must be clearly established by proof
XII In criminal proceedings, the usual recognizancos
shall be required and taken by the proper civil officers
heretofore anthQized by law to take the same Prori
dcd That upon complaint being made to any magis
ratc or other person authorized by law to issue war
rant for breach of the peace any criminal offence,
shall be the duty of such magistrate officer to issue
his warrant upon the ecognizance Of the complainant to
prosecute without requiring him to give sacurity
such recognizance
XII The practice Of carrying deadly weapons, excep
by officers and soldiers the military service oil the Uni
ted States prohibited. The conceamentof such
pons on the person will be deemed aggravation of thu