The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-15
HEADQUARTERS Second Military District,
CHAaIFsroN, 8. c., December 81, 1867,

i1o""4 oaAsIEsroS. 8. c., December 81, 1867, !
General Orders No. 164.l
PARAGRAPH II OF GENERAL ORDERS NO.
10. from the Headquarters of the Second Military
District dated April II, 1857, s modified as iolows;
judgments or DEGREES for the payment OF money
on causes ofaction arising In North Carolina between
the Goth day of May, 1851 and the goth day OF April
1888 and In South Carolina between the 18th day OF
December, 1860, and the 2eth day of April, 1885,
shall not be enforced, by execution, against tne
person or properly Of the defendant. Proceedings
for such causes of action now pending shall be
stayed and no suit process shall be insdtuted or
commenced on such causes OF action until after the
civil government of the respective States shall be es-
tablished in accordance to the laws of the United
States.
Paragraph III of the same order is modified as
follows:
Sheriff. coronors and consables, are hereby d.
rected to suspend the sale Of all property upon exc
cuton or process under any judgement or cree OF
court of the 30 called Confederate States or Of the
State OF North Carolina rendered between the 20th
day Of May 1861 and the organization Of the prov-
onal government ofsad State, under the Presidents
proclamation of the 29h 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 the
Presidents proclamation of the S0th day Of June.
1895 unless the written consent Of the defendant be
entered ofreeord and except In cases where the
plaintiff, or his attorney, upon oath, supported by
corroborave testimony, shall allege that the defen-
dsnt is disposing Of removing, about to remove.
~Iod; of a ruif
intent to defraud his creditors: Provided thatno such
Judgment 30 rendered, within the periods aforesaid.
shall be q bar to the commencement, In State
court, of new suit upon thesame 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 personal property, by foreclos-
ure Of mortgage Is likewise suspended in the cases
embraced in Paragraphs II and III Of sad Order No.
20 as ADORE amended except in cases where interes
money accrung subsequent to the 2eth day Of Aprn,
1885, shall not have been paid before the day OF sale
and all previous restrictions such sales are re-
voked.
Paragraph ~ Of the same order is modified by
substituting the 2sth day of April 1866, for the 18th
day Of May, 1856.
Paragraph 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 consde-
ration of which was the purchase of slaves. made
subsequent to the first day Of January, 1885, are 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 isbor dwelling house and ap-
purtsnAnces and IL in the country twenty acres OF
land or 80 much thereof that the whole shall not eI-
ceed In value the SUN of two thousand dollars and
In town or city, the immediate lot upon which such
dwelling house s situated; and necessary articles OF
urniture, apparel, subsistence and implements OF
husbandry trade or other employment, 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 defendant of the value CT two hun
dred dollars. The exemptions hereby made shan
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 aheri or other officer en-
forcing the execution who shall call to his aid two
impartial citizens to make the necessary appraise-
ment, and shall make report thereof to the court.
Paragraph x is hersby modified so as to authorize
arrest in civil actions conrdctu only In cases
where the demand is past due and the defendant has
been guilty OF O fraud In contracting the debt sued
for, or has removed or disposed of his property or
s about to do 10, with intent to defraud his cre-
tors or is abonu 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 sancdoning the In
vestment of the funds of minor heirs, or OF fomaes
or of insane persons, In the securities of the late
rebel government or the securities OF the States or
North Carol no or South Carolina created ior
the purpose of carrying on war agamt the
the Government Of the United States, VIII be sus
pended until the question OF the validity OF such In
vestments 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 In sane
person (cesttsi que trust, whether Id tne nands
of executors, administrators. trustees, guardians,
masters or clerks of equity courts or other ndicuary
aqents or invested by them in their hduciary char
acter.
II. General Orders No. %, of May 20, 1867, is re-
voked; and on and after the first day OF January,
1868, the dstillatlon 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 Carolina, re-