Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-12-24
General Order as TO Sales Under
Trust Deeds in Virginia.
Hons. FIRST MILITARY DISTRICT,
STATE OF VIRGINIA, :
RICHMOND, Va, March u, 1868.


|. Sales of property under deeds OF trust,
when every civil remedy has been exhausted,
will be suspended by the operation OF this order
in all eases where such sale would result In a
ruinous and unnecessary sacrifice OF property,
or where the payment OF interest when due,
and of the principal In reasonable time, can
| be secured without such sacrifice and also 10
cases where such sale would leave family or
nersons non c0n1poS or infirm, without means
| OF support.
3. In any case coming within the above condi-
tons the grantor may apply by petition IN writing
| in duplicate, under oath, to the military commits
sioner or circiit Judge having jurisdiction of
the place in which the property encountered is
located, setting forth statement of all charges,
encumtrances or liens relating to the property,
| 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 petition, he will endorse such
opinion on the duplicate petition, and cause
one COPY thereof to be served upon the trustee,
whereupon the trustee shall suspend the sale,
and it shall remain suspended until the said
opinion OF the Judge or commissioner shall be
withdrawn, or the grantor shall give his consent
in writing to its discharge or an order shall be
made by the commanding general authorizing
the sale.
3. If it be demanded by the trustees or bene
ticiaries or other parties in interest, the judge
or commissioner will hear all parties by evidence
and counsel, and upon the facts as proved at
such hearing will affirm or withdraw his previ-
| Gus opinion, or suggest to the parties such
terms of compromise as to him shall seem equita-
| BILE and lust But either party may appeal
| from such final action Of a judge or commits
sioner to the commanding general, giving no.
| tice of his appeal IN writing to the Judge or
commissioner, who will inform the other par
ties in interest, and in case OF appeal by the
grantor or parties claiming under him, the sale
shall remain suspended until the decision Of
| the commanding general is made known. All
such appeals shall be accompanied with copy
OF the original petition, with the opinion otthe
Judge or commissioner endorsed thereon, and
with a copy, certified by the judge or commits
| Soner, of the record ofiacts proved before him.
4. Reasonable expenses for clerical labor
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.
g. 1t is the purpose Of the commanding
general hereafter, as heretofore, not to inter
fere with the operation OF the State laws as
administered by the civil tribunals, except
where the remidies thereby afforded are made
quate to secure to individuals substantial JUS
tee 1t is expected that, 10 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 berequired only in ex
captonal eases.
ByCommand Of Brev. Maj Gen Schofeld.
S. +. CHALFIN.
Assistant Adjutant General.