Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-01-09


conduct of Andrew johnson, acting President OF
the United States, for his action In removing the
gallant soldier, General Sheridan, from the oem-
mand Of the Fifth Military District and that the
thanks of the House are due to General Grant, tor
his letter of August last, condemning the act OF
said acting President for his removal of Secretary
Stanton, as we'll as for the endorsement Of Gener-
al Sheridan in regard to affairs in the State OF
Texas; adopted-yeas &c. nays %.
In the Senate, the consideration Of the cotton
tax was postponed until Monday next
IMPORTANT MILITARY ORDER.
On the slst ultimo, General Candy, command
ing the second Military District, embracing North
and South Carolina, issued the subjoined Order,
and designates it as No. l64. As the Order can
only be understood when taken in connection with
Order No. 10 and othersype have prepared
short explanation of the leading features, which
explanation will be found in the editorial columns,
under the caption of General Order, No. 10'';4
l. Paragraph II of General Orders, No. 10,
from the Headquarters of the Second Military
District, dated April II, 1867, is modified as fol-
lows: 7,ts
f.. .e' 80 .'; SUITS FOR DEBTS.
judgments or DEGREES for the payment of money
on causes of action arising in North Carolina be-
tween the 10Th Of May, 1861, and the Goth day of
April, 1865, and in South Carolina between the
18th day of December, 1860, and the 18th day Of
April 1866, shall not be enforced, by execution,
against the person or property Of the defendant.
Proceedingsfor such causes of action now pending,
shall be stayed and no suit or process shall be IN.
stituted or commenced on such causes of action
until after the civil government Of the respective
States shall be established In accordance with the
laws of the United States
Paragraph LII of the same order is modified as
follows: .@! u =.
Sherifs, coroners and constables are hereby d.
rected to suspend the sale of all property upon ex-
ecution, or process under any Judgment or decree
of court Of the so-called Confederate States, or
of the State of North Carolina, rendered between
the 10th day of May, 1861, and the organization
Of the provisional government Of said State, under
April, 1865, or of the State of South Carolina,
rendered between the 10th day of December, 1860,
and the organization of the provisional government
of the said State, under the Presidents proclama
ton of the 3Oth day of June, 1866, unless the
written consent of the defendant be entered Of re-
cord and except in cases where the plaintiff or his
attorney, upon oath, supported by corroborative
testimony, shall allege that the defendant is dis
posing Of removing, or about to remove, his prop
erty beyond the jurisdiction Of the court with In
tent to defreud his creditors: prouded, that no
such Judgment, SO rendered, within the periods
aforesaid, shall be bar to the commencement, In
of action in any case in which, by law, the defen-
dant may remove or appeal the same to court of
the United States -. -, .,i- 5.,.. ~,
FORECLOSURE OF MORTGAGE
The sale of real or personal property, BY. fore
closure Of mortgage, is likewise suspended in the
case embraced in paragraphs ii and III, Of said
Order No. 10 as above amended, except in cases.
where interest money accruing subsequent to the
29th of April 1865, shall not have been paid be-
fore the day of sale, and all previous restrictions
on such sales are revoked. '-~ - 2 ~
Paragraph Nv of the same order is modified by
substituting the 18th day of April, 1865, for the
18th day of May, 1865.
Paragraph v of the same order is modified as
follows:
SUITS ON NEGRO DEBTS.
All proceedings for the recovery of money on
contracts, whether under seal or by paro the con-
sideration of which was the purchase of slaves,
made subsequent to the lst day Of January, 1868,
are suspended. Judgments or DEGREES entered for
such causes Of action shall not be enforced =
Paragraph VHm the same order is modified as
follows: -, 49,.
In aifsales of property under execution or by
order of any court there shall be reserved out of
the property Of any defendant who has family
dependent upon his or her labor, dwelling house
and appurtenances, and (ifin the country twenty
acres Of land, or so much thereof that the whole
dollars; and in q town or city, the immediate lot
upon which such dwelling house is situated; and
necessary articles Of furniture, apparel, subsistence
and implements of husbandry, trade, or other en-
ployment, to the value of FIVE 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 de-
fendant, Of the value of two hundred dollars The
exemptions hereby made shall not be waived or
defeated by the act of any defendant who has
family dependent upon him or her for support, and
the exempted property shall be assertaned and de-
fined by the sheriff or other officer enforcing tho
execution, who shall call to his aid two impartial
citizens to make the necessary appraisement, and
shall make report thereof to the court.
ARREST FOR FRAUDULENT DEBTS.
Paragraph < is hereby modified 60 as to author
ze arrest in civil actions contractu 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 or disposed of his proper
ty or is about to do 50, with intent to defnud his
creditors or is about to leave the State with such
intent. ts,Y..
EXECUTORS AND TRUSTEES.
Paragraph XVI, il amended by adding thereto:
All proceedings in any court of North Carolina or
South Carolina, recognizing or sanctioning the in
vestment Of the funds Of minor heirs or of females
or of insane persons in the securities of the late
rebel government, or the securities of the States
Of North Carolina or South Carolina, created for
the purpose ofcarying on war against the Gov
ernment of the United States, will be suspended
until the question of the validity of such invest
ment shall have been determined by the courts of
the United States or 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 insane person, (cest,ti qae
trlst, whether in the hands of executors, admins
traitors trustees, guardians, masters or clerks of
equity courts, and other fducary agents, or inyes
ted by them in their fduciary character.
DIsTuLEREs. a
II. General Order 25, of May 20, 1867, is re-
voked and on and after the first day of January,
1865 the distlation of spirituous liquors in this
Military District will be subject to such restrictions
only as are imposed by the laws of the United
States and of the States Of North and South Car.
olina, respectively.