The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-01-07
Military Orders.
Modifying and Changing Previous Orders.

from the Headquarters of the Second Military
District, dated April II, 1867, is modified as
follows
judgments Or DEGREES for the payment of mo-
ney on causes of action arising in North Carolina,
between the 10th day of May, 1861, and the 10th
day of April, 1865, and in South Carolina be-
tween the 10th day of December, 1860 and the
18th day of April, 1865, shall not be enforced,
by execution, against the person or property of
the defendant. Proceedings for such causes of
actiaa now pending, shall be stayed, and no suit
or process shall be instituted or commenced on
such causes of action until after the civil govern
meHt 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:
Sherifs, coroners and constables, are hereby
directed to suspend the sale of all property upon
execution, Or process under any judgment or de-
cree of court of the so-caed Confederate States
or of the State of North Carolina, rendered be-
tween the 10th day of May, 1861, and the
ganiZatlon of the provisional government, of the
said State, under the Presidents proclamation of
the 18th day of April, 1865, or of the State Of
South Carolina, rendered between the 10Th day
s,f december, 1860 and the organization of the
provisional government of the said State, under
the Presidents proclamation of the Both 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 corroberated testimony, shall
allege that the defendant is dsposing of, rcmov-
ing, or about to remove, his property beyond the
jurisdiction of the court with intent to defraud
his creditors: provided, 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 re-
move or appeal the same to a court Of the United
States.
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 as above amended, except in cases
where interest money accruing subsequent to
the 10th day of April, 1865, shall not have been
paid before the day Of sale, and all previous re-
strlctlons Oh such sales are revoked
Paragraph " of the same Order is modified
by substituting the goth day of April, 1865, for
the 18th 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 which was the purchase Of slaves
made subsequent to the 1st day Of January. 1868
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 OF
the property of any defendant who has family
dependent upon his or her labor, dwelling
house and appurtenances, and Gfin 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 I'M
mediate lot upon which such dwelling house is
situated; and necessary articles of furniture, APP
parel, subsistence and implements of husbandry,
trade OF other employment, to the value of five
hundred dollars. The homestead exemption shall
insure only to the benefit of families In other
cases, the exemption shall extend only to cloth
ing and implements Of trade employment
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 family dependent up
on him or her for support, and the exempted
property shall be asccrtained and defined by the
sheriff or other officer enforcing the execution
who shall call to his aid two impartial citizens to
make the necessary appralscment, and shall make
report thereof to the court.
Paragraph X is hereby modified so as to au-
thorlze arrest in civil actions ercOntrdctu only in
cases where the demand is past due and the de-
tendant has been guilty of fraud in contracting
fhe,debt sued for or has removed or disposed of
his property or is about to do so, with intent to
defraud his creditors or is about to leave the
State with such intent
Paragraph XVI is amended adding thereto,
All proceedings in any court of North Carolina,
or of South Carolina, recognizing, sanctioning
the investment of the funds of minor heirs, or
Of feI01 los rntI in no los
of the late rebel government, or the securities
.afthe States of North Carolina, or South Caro-
lima, created for the purpose of carrying on war
against the government of the United States, will
be suspended until the question of the validity
of such investments shall have been determined
by the courts of the United States, or by nation
al 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,
insane person (cestat que h'ast), whether in the
hands of executors, administrators, trustees guar
dians masters or clerks of Equity Courts, and
other fducary agents. or invested by them in
their fiduciary character.
III. General Orders No. %, of May 90, 1867,
is revoked, and on and after the first day of } an
uary, 1868, the distilation of spirtuous liquors in
this Military District will be subject to such re-
strictions only as are imposed by the laws Of the
United States and of the States of North and
South Carolina, respectively.
I'LL Paragraphs VI and VII of General
Orders No 81, dated May so, 1867, are revoked,
and the power to grant licences for the sale of
spirtuous or Intoxicating liquors, is RENTED to
the proper local authorities, to take.efect on and
after the first day of january, 1868, and to be
subject to the following conditions.
The municipal authorities orrantin~ the