Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-01-08
Important Order.

HEADQUARTERS oECOAp h1iLtiAhi Dis !. I
CHARLESTON, S. c., December 81, '67.
[ Genera! Orders, No, lG4
l. Paragraph II. of General Orders No. 10,
from the Headquarters Of the Second Military
District. dated April ii, 1867, is modified as
follows:
Judgments or DEGREES for the payment of
money on causes of action arising in North
Carolina. between the 30; h day Of May, 1861,
and the aO.h d.y Of April, 1865, and in South
Carolina between the 10Th day of December,
lS6O. and the 29th day Of April. 1865, shall
not be enforced, by execution, against the
person or property Of the defendant. Pro
ceedings for such causes of action now pend
ing, shall be stayed, aad no suit or process.
shall be instituted or commenced on such
causes of action until after the civil govern
ment of the respective States shall be estab-
l:>hed in accordance with the laws OF the
United States.
Paragraph III. of the same Order is modi-
fed rs follows:
Sheriffs, coroners and constables, are here
By directed to suspend the sale Of all property
upon execution, or process under any judg,
ment or decree Of court of the so-cSlled
Confederate States or of the State of North
Carolina, rendered between the Goth day of
May, 1861, and the organization Of the pro-
yisioral cove, nment of the said State, under
the Presidents proclamation of the 29th day
of April, 1865, or Of the State OF South Caro-
lima, rendered between the 10Th day of De
cember, 1860, and the organization of the
provisional government Of the said State
under the Presidents proclamation Of the
00th Io,, of lSeS npasS tha mr. ten
consent of the defendant be entered of record,
and except in cases where the plaintiff or his
attorney, upon oath, supported by corrobora-
ted testimony, shall sllege that the defendant
Is dsposing OF, removing, or about to remove,
lis property beyond the jurisdiction of the
court with intent to defraud his creditors: !:
provided, that no such judgment, SO render
ed, within the periods aforesaid, shall be
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
foreclosure Of mortgage, is likewise suspend
cd in tue cases eI,brsced in Paragraphs H.
and ILL.,, Of said Order No. 10 as above
amended, except in cases where interest
money accruing subsequent to the 29th day
of April, 1865, shall not have been paid be-
fore the day of sac, and all previous restric-
tions on such sales are revoked.
Paragraph ". of the same Order is mod-
fi-si BIZ substituting the Goth day of April,
1865, for the 10Th day of May, 1865.
Paragraph V. Of the same Order is modi-
fed rs 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 lst day of
January, 1863, are suspended. Judgments
o- DEGREES entered for such eau es OF action
shall not be enforced.
Paragraph VII. Of the same Order is modi
fed as follows:
In sll sales Of property under execution or
b. order of any court, there shsll be reserved
out of the property Of any defendant who
has family dependent upon his or her labor,
dwelling house and appurtenances, and Gi
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 town or city, the immediate lot upon
which such dwelling house is situated and
necessary articles of furniture, apparel, sub
aistence and implements of husbandry, trade,
or other employment, to the value of FIVE
hundred dollars. The homestead exemption
shall inure only to the bene6: Of families. In
other cases. the exemption shall extend only
TO clothing and implements of trade or em.
p!oyment usually followed by the defendant,
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 famil,' dependent upon him or her for
support, and the exempted property shall be
ascertaiued and defined by the sheriff or
other officer enforcing the execution, who |
shall call to his aid two impartial citizens to
make the necessary appraisement, and shall
make report thereof TO the court.
Paragraph X is hereby modified so as to
authorize arrest in civil actions e1 conkactu
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 re-
moved or disposed Of his property, or isabout
t. do SO, with intent to defraud his creditors,
or is about to leave the State with such intent.
Paragraph XVI is amended by adding
thereto, Ali proceedings in any court Of North
Carolina, or of South Carolina, recognizing or
sanctoning the investment of the funds oi
minor heirs, or Of females, or Of insane per
sons, in the securities OF tho late rebel gov.
erument, or the securities OF the States OF
North Carolina, or South Carolina, created for
the purpose of carrying on war against the
Government Of the United States, will be sus-
pended until the question of the validity OF
such investments shall haze been determined
by the courts of the United States or by Ma.
tional legislation. And nothing in the pro-
visions 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 mi
nor heir, female, or insane person (cestui que
trust,) whether in the hands of executors, ad-
,cinistrators, trustees, gusrdis.ls, masters or
clerks OF Equity Courts, and other fiduciary
agents, or invested by them in their fiduciary
character.
II. General Orders No. 25, of My 20,
1867, is revoked; and on and after the first
day of January, 1868, the dis,illation OF spir-
ituous liquors in this Military District will be
subject to such restrictions only ss are i'm
posed by the laws of the United States and
of North and South Carolina, respectively.
III. Paragraphs vi and VII Of General
Orders No. 80, dated May 30, 1867, are re-
yoked, and the power to grantlicenses for the
sale Of spir;tuous or Intoxicating liquors, is
remittcd to the proper local authorities, TO
take effect on and alter the 6.st day of Janu-
ary, 1869, and to be subject to the following
conditions:
l. The municipal authorities granting the
license shall 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 comlnuni
ty, and that both principle and sureties shall
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