The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-06
OFFICIAL.
Headquarters Second Military District,
CHARLESTON, 8. c., December 81, 1867,

CHAHIEsroN. s. C., December 81, 1867
General Orders No. 164.
I. PARAGRAPH II OF GENERAL ORDERS NO.
TO- from the Headquarters of the Second Military
District dated April IL, 1867, is modified follows:
Judgments or DEGREES for the payment Of money
on causes ofacton arising in North Carolina, between
the Doth day of May, 1884, and the Goth day of April
1865 and in South Carolina between the 10th day Of
December, 1850 and the Goth day Of April, 1865
shall not be enforced, by execution, against the
person or properly Of the defendant. Proceedings
for such causes of action now pending shall be
stayed and suit or process shall be instituted 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 ia modified as
follows:
Sheriffs coronors, and constables, are hereby di-
rected to suspend tho sale of all property upon exc
cuton process under any judgement or de cree Of
court of the socaed Confederate States, or of the
State OF North Carolina rendered between the goth
day Of May 1861, and the organization of the provi
siona government Of said State under the Presidents
proclamation of the 2sth day of April 1855, or OF the
State Of South Carolina. rendered between the 18th
day of December, 1850, and the organization of the
provisional of the said State, under the
Presidents proclamation OF the S0th day OF June,
1885, unless the written consent Of the defendant be
entered Of record, and except in cases where the
plaintiff, or his attorney, upon oath, supported py
corroborative testimony. shall allege that the defen-
dant is disposing Of removing, or about to remove,
his property beyond the jurisdiction OF court with
intent to defraud his credtors Pouided thatno such
judgement rendered within the periods aforesaid.
shall be a bar to the commencement, in State
court, of new suit upon the 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 forecos.
ure of mortgage is likewise suspended in the cases
embraced in Paragraphs II and III Of said Order No.
TO- as above amended except in cases where interest
money accruing subsequent to the 2sth day of April
1885, sha not have been paid before the day OF sale,
and all previous restrictions on such sales are re-
voked.
Paragraph " of the same order is modified by
substituting the 29th day of April 1865 for the 18th
day of May, 1866
Paragraph of the same order is modified as
follows
ALI proceedings for the recovery Of money on con-
tracts, whether under seal or by paro the consde-
ration of which was the purchase of slaves, made
subsequent to the first dsy of January 1853 are sus
pended. Judgments or DEGREES entered for such
causes Of action shall not be enforced.
Paragraph VII of the same order ia 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 labor, dwelling house and ap
purtenances and f in the country twenty acres OF
land or 80 much thereof that the whole shall not e1
ceed in value the SUN 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, 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 oihor
cases, the exemption shall extend only to clothing
and implements of trade or employment usually
followed by the defendant OF the value of two hun
cred dollars. The exemptions hereby made shall
not be waived defeated by the act of any dcfen-
dant who has family dependent upon him or her for
support, aud the exempted property shall DO ascer-
tained and defined by the sheriff or other officer en-
forcing tho 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 is hereby modified SO as to authorize
arrest in civil actions ez conractu only III cases
where the demand is past due and the defendant has
been guilty OF fraud in contracting the debt sued
for or has removed or disposed OF his property, or
is about to do 3d. with intent to defraud his cred
tors or Is abon 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 sancioning the in
vestment Of the funds of minor heirs, OF fealea
or of insane persons, in the securities of the late
rebel government the securities OF the States of
North Carolina or South Carolina, created for
the purpose of carrying on war agalnt the
the Government of the United States, will 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 cestui que trust, whether in the hands
of executors, administrative trustees, guardians,
masters or clerks of equity courts or other dicuary
agents or invested by them in their hduciary char
acter.
H. General Orders No. 25, Of May 20, 1887, Is re.
voked; and on and after the first day Of January,
1858, the distllatlon of spirtuous liquors in this
Military District will be subject to such restrictions
AZ. TY.,k.l Sk,kno