The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-03-13
1n,,,ortant Order.


The following important ORDER was Is
s,,ea hv General ScHoFIELD yesterday. 1t
NOV no denominatcd an order in equity,
o. on the chancery side of the supreme
military court Of the State; for while its
intent is to give relief only in cases of ex-
treme hardships, it is impossible to FORE
see how far it may be extended in its ope-
ration, since the pleasure Of the command
ing General, or Of circuit judge, or Of q
military commissioner, will, after all, be the
only law in any case. 1t would be hard
hearted man who could object to protect
ing the insane, the infrm, or the helpless,
or to stopping sales which would result in
a "ruinous and unnecessary sacrifice of
property" 1t will, therefore, be neces-
sary to see how the order operates THAT is,
how much good judgment the officials ex-
ercise in its execution before pronouncing
an opinion as to its merits.
General Order as TO Sales under
Trust Deeds.
HEADQUARTERS FIRST MILITARY DISTRICT,
STATE OF VIRGINIA,
RICHMOND, VA, March IL, 1865.
General Orders No. d.
|. Sales of property under deeds Of
trust, when every civil remedy has been
exhausted, will be suspended by the ope-
ration Of this order in all cases where such
sale would result in ruinous and unne-
cessary sacrifice Of property, or where the
payment Of interest when due, and of the
principal in reasonable time, can be Sc
cured without such sacrifice and also in
cases where snch sale would leave fam
lily, or persons non COnlpOS or lnfirm, with
out means of support.
2. In any case coming within the above
conditions the grantor may apply by petit
tion in writing, in duplicate, under oath, to
the military commissioner or circuit judge
having jurisdiction of the place in which
the property encountered is located, set
ting forth statement of all charges, en-
cumbIances, or liens, relating to the pro-
perty, and the material facts relied upon
to support the petition. If the judge or
commissioner be Of opinion that the facts
set forth are sufficient to sustain the petit
ton he will endorse such opinion on the
duplicate petition, and cause one. copy
thereof to be served upon the trustee.
Whereupon the trustee shall sus pend the
sale, and it shall remain suspended until
the said opinion of the Judge or commits
sioner shall be withdrawn, or the grantor
shall give his consent in writing to its dis
charge, or an order shall be made by the
commanding General authorizing the sale.
3. If it be demanded by the trustee,
or beneficiaries, or other parties in inter
est, the Judge or commissioner will hear
all parties by evidence and counsel, and
upon the facts, as approved at such hear
ing, will affirm or withdraw his previous
opinion, or suggest to the parties such
terms of compromise as to him shall seem
equitable and just. But either party may
appeal from such final action of judge or
commissioner to the commanding General,
giving notice Of his appeal in writing to the
Judge or commissioner, who will inform
the other parties in interest; and in case
Of appeal by the grantor, or parties claim
ing under him, the sale shall remain sus-
pended until the decision Of the command
ing General is made known. All such ap-
peals shall be accompanied with a copy Of
the original petition, with the opinion of
the Judge or commissioner endorsed there
on, and with copy; certified by the judge
or commissioner, of the record of facts
proven before him.
4. Reasonable expenses for clerical la
Dor connected with the hearing may be
directed by the judge or commissioner to
be paid by either or both parties, as shall
seem to him just. In case of appeal, the
expenses of such clerical work connected
with the appeal shall be paid or secured
by the applicant.
5. 1t is the purpose Of the commanding
General hereafter, as heretofore, not to in
terfere with the operation of the State
laws as administered by the civil tribu-
nails, except where the remedies thereby
afforded are inadequate to secure to indi-
viduals substantial justice. It's expected
that, in general, cases of the class referred
to in this order will be settled by mutual
concession and compromise between the
parties, in accordance with the principles
herein set forth, and that the orders Of the
commanding General will be required only
in exceptional cases.
By command Of Brevet Major General
Schofeld. S. +. CHALFIS,
Assistant Adiutant- General.