The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-15
OFFICIAL.

Headquarters Second Military District,
CHARLEsroN, s. c., December 81, 1867,
General Orders No. 164.l
T. PARAGRAPH II OF GENERAL ORDERS NO.
10. from the Headquarters of the Second Military
District dated April II, 1857, is modified as follows;
Judgments or DEGREES for the payment OF money
on causes ofacton arising in North Carolina between
the goth day of Msy 1851 and the goth day OF April
1865 and in South Carolina between the 18th day OF
December, 1860, and the 2sth day OF April, 1885,
shall not be enforced, by execution, against the
person or properly Of the defendant Proceedings
for such causes of action now pending shall be
STAYED and no suit or process shall be instituted OF
commenced on such causes Of action until after the
civil government of the respective States shall be es
tablished In accordance to tho laws Of the United
States.
Paragraph III Of the same order is modified as
follows:
Sheriff., coronors, and constables are hereby d.
rected to suspend the sale Of all property upon exc
cuton or process under any Judgementor de cree OF
court of the 80 called Confederate States or OF the
State OF North Carolina rendered between the Goth
day Of May, 1861, and the organization Of the prov
uona government of said State under the Presidents
proclamation of the 2sth day of April 1856, or OF the
State of South Carolina, rendered between the 18TH
day Of December, 1860, and the organization OF the
provisional government of the said State under tho
Presidents proclamation of the SOth day OF June.
1895 unless the written consent Of the defendant De
entered of record, and except in cases where the
plaintiff, or his attorney, upon oath, supported oy
corroboratiye testimony shall allege that the defen-
dant is disposng of, removing, or about to remove
his property beyond the Jurisdiction OF court with
intent to deraud his creditors: Prouded thatno such
Judgment 30 rendered, within the periods storesalo
shall be q bar to the commencement In state
court of new suit upon the same cause Of action in
any case in which, by law the defendant may remove
or appeal the same to court Of the United States
The sale Of real or personal property, by foreclos
ure of mortgage is likewise suspended in the cases
embraced in Paragraphs II and III Of said Order No.
20 as above amended except in where interest
money accruing subsequent to the 2sth day OF April
1866 shall not have been paid before the day OF sale
and al previous restrictions on such sales are re-
voked.
Paragraph " of the same order is modified by
substituting the 2sth day of April 1885, for the 18th
day of May, 1885,
Paragraph v of the same order is modified as
follows
All proceedings for the recovery Of money on con-
tracts whether under seal or by parol the conside-
ration of which was the purchase Of slaves made
subsequent the first day Of January 1s6S ere sus-
pended Judgments or DEGREES entered for such
causes of action shall not be enforced.
Paragraph VII of the same order is modified as
follows:
In all sales Of property under execution or by
order of any court there shall be reserved out OF the
property of any defendant who has family depend
ent upon his or her labor, dwelling house and ap-
purtenances and f in the country twenty acres OF
land or 30 much thereof that the whole ehal not e1-
ceed in value the sum of two thousand dollars; and
in town OF city, the immediate lot upon which such
dwelling house is situated and necessary articles OF
urniture. apparel, subsistence and implements OF
husbandry trade or other employment, to the value
of Ave hundred dollars. The homestead exemption
shall inure only to the benefit of families In other
cases. the exemption shall extend only to clothing
and implements Of trade or employment usually
followed by the defendant of the value CT two hun
dred dollars. The exemptions hereby made shau
not be waived or defeated by the act of any dofen-
dant who has family dependent upon him or her for
support and the exempted property shall be ascer-
tanned and defined by the sheriff or other officer en-
forcing the execution, who shall call to his aid two
impartial citizens to make the necessary sppraise-
ment, and shall make report thereof to the court.
Paragraph Z is hereby modified 80 as to authorize
arrest in civil actions eS contrdctu only In cases
where the demand Is past due and the defendant has
been guilty OF fraud In contracting the debt sued
for or has removed disposed Of his property, or
Is about to do co. with intent to defaud his credi
tors or is abont to leave the State with such intent
Paragraph XVI is amended by adding thereto, all
proceedings In any court Of North Carolina, or of
South Carolina, recognizing or sanctonipg the in.
vestment of the funds of minor heirs of females,
or of insane persons, In the securities Of the late
rebel government or the securities Of the States of
the purpose of carrying on war sgaint the
the Government of the United States, will be sus.
pended until the question OF the validity of such in
vestments shall have been determined by the Courts
of the United States, by national legislation. And
nothing in the provisions Of this order, or of
the order No. 10 above cited, shall be held
to bar or hinder the recovery, by suit, of the
estate of any minor heir, female, or in sane
person (cestui que trust, whether In the hands
of executors, administrators, trustees, guardians,
masters clerks of equity courts other Adicuary
agents, or invested by them in their hduciary char
acter.
II. General Orders No. IS. Of May 20, 1867 is re-
voked; and on and after the first day of January,
1858, the disllation of spirituous liquors In this
Military District will be subject to such restrictions
only are imposed by the laws of the United States
and Of the States Of North and Sc uth Carolina. re-
spectively.
Ill Paragraphs VI and VII. of General Orders
No. 80, dated May 80. 1857, are revoked, and the
power to grant licenses for the sale of spirtuous or
intoxicating liquors is remtted to the proper loca
authorities TO take effect and after the first day
of January, 1865 and to be subject to the following
conditions:
/. The municipal authorities granting the license
shnl be answerable that the parties to whom such
licenses are granted, together with their sureties,
shall be responsible persons, and of good moral
standing in the community, and that both principal
and sureties shall be able to qualify Individually in
double the amount of the bond required and that
the bond shall be lien upon the personal property