The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-01-09
Important Order.

Oohoy ""o PhOauiS"oSA ch TIC OASo'
I. Paragraph II of General Orders
No. 10, from the headquarters of the
Second Military District, dated April
IL, 1867, is modified as follows: =
Judgments or DEGREES for the pay
ment of money on causes of action
arising in North Carolina between
the Goth of May, 1861, and the 10th
day Of April, 1866, and in South
Carolina between the 10th day of
December, 1860, and the Goth day of
April, 1866, shall not be enforced, by
execution, against the person or pro-
perty of the defendant. Proceed
ings for such causes of action now.
pending shall be stayed, and no suit
or process shall be instituted or COM
menced on such causes of action
until after the civil government of
the respective States shall be estab-
ed in accordance with the laws of the
United States.
Paragraph III of the same order is
modified as follows:
Sheriffs, coroners and constables
are hereby directed to suspend the
sale of all property upon execution,
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 60
vernment of said State, under the
Presidents proclamation of the Goth
day of 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 proclamation of the
3Oth day of Juae, 1865, unless the
written consent of the defendant be
entered of record, and except in
cases where the plaintiff or his attor-
ney, upon oath, supported by cor
roborative testimony, shall allege
that the defendant is disposing Of,
removing or about to remove his
property beyond the jurisdiction of
the court, with intent to defraud his
creditors: ProciC!el, That no such
judgment, SO rendered, within the
periods aforesaid, shall be bar to
the commencement, in State court,
of a 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 pro-
perty, by foreclosure of mortgage. is
likewise suspended in the cases en-
brnced in paragraphs II and Ill of
said Order No. 10 as above amended,
except in cases where interest money
accruing subsequent to the Goth of
April, 1865, shall not have been paid
before the day of sale, and all pre-
vlous restrictions on such sales are
revoked.
Paragraph ~ of the same order is
modified by substituting the Goth day
of April, 1865, for the 10Th day of
May, 1865.
Paragraph V of the same order is
modified as follows:
All proceedings for the recovery of
money on contracts, whether under
seal or by parol, the consideration of
which was the purchase of slaves,
made subsequent to the 1st day Of
January, 1868, are suspended. Judg-
ments or DEGREES entered for such
causes of action shall not be enforced.
Paragraph VII of the same order
is modified rs follows:
In all sales of property under exc
cution or by order of any court,
there shall be reserved out of the
property of any defendant who has q
family dependent upon his or her
labor, dwelling house and appurte-
nances, and (f in the country twen-
ty acres of land, or SO much thereof
that the whole shall not exceed in
value the sum of $4,000; and in n
town or city. the Immediate lot upon
which such dwelling house is stu
ated; and necessary articles of furni-
ture, apparel, subsisten:e &c and imple-
ments of hushandry, trade or other
employment, to the value of $500.
The homestead exemption shall inure
only to the benefit of families. In
other cases, the exemption shall ex-
tend only to clothing and implements
OF trade or employment usually fol-
lowed by the defendant, of the value
OF 5000. The exemptions hereby
made shall not be waived or defeated
by the act of any defendant who has
family dependents upon him or her
for support, and the exempted pro-
perty shall be ascertained and de-