The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-01-08
IMPORTANT ORDER.


IMPORTANT ORDER.
The following important order from IIeadquar
tcrs of this Military District will be found inter
esting:
General Orders No. 164.
l. Paragraph II of General Orders. No. 10, from
the Hendonarters of the Second Military District,
| dated April II, 1867, is modified as follows
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
10Th day of December, 1860, and the 29th day OF
April, 1865, shall not 5e enforced, by execution,
against the person or property of the defendant
Proceedings for such causes of action now pending,
shall be stayed, and no suit process shall he ln-
sttuted or commenced such causes Of action un-
til after the civil government of the respective
States shall be established in accordance with the
laws of the United States
Paragraph III of the same order is modified as
follows:
EXECUTIONS
Sherifs, coroners and constables arc hereby di
rected to suspend the sale of all property upon ex
ccution, or process under any Judgment or decree
of court of the so-callcd 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
the Presidents proclamation Of the 29th day Of
April, 1865, or of the State of South Carolina,
rendered between the 18th day of December, 1860,
and the organization Of the provisional govern
mcnt Of the snid State, under the Presidents
proclamation of the 30th day Of June, 1865 unless
The written consent Of the defendant be entered of
record and except in cases, where the plaintiff or
his attorney. upon oath, supported by corrobora-
tive testimony, shall allegc that the defendant is
disposing of, removing, about 10 remove, his
property beyond the jurisdiction Of the court, with
intent to defraud his creditors: prorided, that no
such Judgment. so rendered., within the periods
aforesaid shall be a bar to the commencement, in
State court, of new suit upon the same cause
of action in any case in which, by law, the defen-
dant may remove or appeal the same TO court OF
the United States
FORECLOSURE OF MORTGAGE.
The sale of real or personal property, by fore
closure of mortgage, is likewise suspended in the
cases embraced in paragraph II and III, of said
order No. 10 MS above amended, except i'll cases
where interest money accruing subsequent to the
Goth of April, 1865 shall not have been paid be-
fore the day of sale, and ali previous restrictions
on such sales revoked.
Paragraph " of the same order is modified by
substituting the 29lh day of April, 1865, for the
10Th day of May, 1865.
Paragraph V Of the same order is modified rs
follows
SUITS on NEGRO DEBTS.
All proceedings for the recovery of money on
contracts, whether under seal or by pnrol, the con-
sidcraion of which was the purchase of slaves,
made subsequent 10 the lst day of January, 1868.
are suspended. Judgments or DEGREES entered for
such causes of action shall not be enforced.
Paragraph VII of the same order is modified as
follows:
HoMEsTEADs.
In all salos 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 labour, n dwelling
| house and appurre enanccs, and Gf in the country
| twenty acres of land or so much thereof that the
whole shall not exceed in value the sum of two
thousand dollars; and in n town or city, the I'M
mediate lot upon which such dwelling house is sit
uated and necessary articles of furniture, apparel
subsistence and implements of husbandry, trade,
or other employment. to the value of five hundred
dollars The homestead exemption shall nure
| only 10 the benefit OF families. In other cnses the
exemption shall extend only to clothing and impc-
mcnts of trade or employment usually followed by
the defendant, Of The value OF two hundred dollars
The exemptions hereby made shall not be waived
or defeat cd by The acl of any defendant who has
family dependent upon him or her for support.
1
and defined by The sheriff other officer enforcing
the execution who shall call TO his aid two impair
ial citizens 10 make the necessary appraiscmcnt,
and shall make report thereof to the court.
ARREST FOR FRAUDULENT DEBTS
I Paragraph X is hereby modified so as to author
zc arrest in civil actions conrdcfW 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 prop
crty, or is about Ia do so, with intend 10 defIaud
his creditors, or is about to leave the State with
such intent.
EXECUTORS AND TRUSTEES.
Paragraph XVI is amended by adding thereto :
All proceedings in any court of North Carolina or
of South Carolina, recognizing or shnctioning the
investment of the funds Of minor heirs, or Of fc-
males, or Of insane persons in the securities of
tho lato rebel government, or the securities OF the
States of North Carolina or South Carolina created
for the purpose of carrying OIL WAY against the
! Government of the United States, will be suspend
ed until the question of the validity OF such invest
ments shall have been determined by the courts of
the United States, or by national legislation. And
nothing in tlic provisions of this otder Of the
| order No 10 above cited shall DO held TO bar or
hinder the recovery, by suit, of the estate of any
minor heir, female, or insane person, lccstm Qmc
frusi) whether in the hands Of executors, admnis-
| traitors trustees guardians masters or clerks OF
equity courts, and other tiduciary agents, or nves-
ted by them in their fduciary character.
! DIsTILLERlEs.
! II. General Orders No. 25. of May 20, 1867, is
revoked: and on and after the first day of Janua-
ry, 1868, the dstillntion Of spirIuous liquors in
this Military District will be subject to such re-
etrictjons only ~ arc nDoscd by the laws of the