The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-01-15

ca.RnxsroN 8 C.. December 81. 1867

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HeadquaFters Second Military District, 7
: CHARLESTON, s. c., December 81, 1867.
GENERAL Orders, ss hssst
l. Paragraph II Of General Orders No. TO- from
the H.ad9uartcrs Of the Second Military District,
dated April II, 1867, Is modified as follows:
SUITS FOR DEBTS.
Judgments or DEGREES for the payment of mon
cy on causes of action arising in North Carolina /
between the Doth OF May, 1861, and the 10Th day
of April, 1865, and in South Carolina between 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 action now pend |
ing shall be stayed, and no suit or process shall
be instituted or commenced on such causes of
action until after the civil government OF the re-
spective States shall be established In accordance
with the laws OF the United States.
Paragraph Ill of the same order is modified as
follows: +4tt Il
EXECUTIONS.
Sheriffs. coroners and constables are hereby d.
rectcd to suspend the sale OF all property upon
execution, or process underany judgement or de-
cree of court OF the socalied confederate STATES,
or of the State Of North Carolina, rendered b
tween the 10th day OF May, I'Ijl, and the organi-
cation of the provisional government OF said
State under the Presidents PROCLAMATION OF the
29th day OF April 1866 or the State of South Car
1860. and the OF organization of the provisional gov.
ern,nent 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 corrob-
orativc testimony shall allegc that he defen-
dant is dsposiug Of removing, or about to re.
move his property beyond the Jurisdiction of
the court with intent to defraud his creditors:
provided that no such Judgement, SO rendered,
nj aft n liar
the commencement in State court, OF new
suit upOn the same cause OF action in any case in
I which, by law, the defendant may rem.we or ap
peal the same to court OF the United States.
| FORECLOSURE OF MORTGAGE.
| The sale of real or personal property, by fore
closure OF mortgage, is likewise suspended in the
cases embraced in paragraphs Ii and Ill, OF said
| order No. 10 as above amended, except III cases
where interest money accrung subsequent to the
| 29lh of April, 1865 shall not have been paid be-
fore the day OF sale, and all previous restrictions
| on such sales revoked. atH
Paragraph Nv OF the same order is modified by
| substituting the 18th day OF April, 1902 Tor the
10Th day OF May 1865.
Paragraph V of the same orderis modified as
follows:
SUITS ON NEGRO DEBTS.
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 LIST day OF Janu-
ary 1868, are suspended. Judgments or DEGREES
entered for such causes of action shall not be
forced.
Paragraph VII of the same order is modified as
follows:
HOMESTEADS.
In all sales of property under execution or by
order of any court there shall be reserved out OF
the property of amy defendant who has family
dependent upon his or her labor, a dwelling house
and appurtenances, and (if 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 u town or city, the immediate lot
upon which such dwelling house is situated; and
necessary articles of furniture, apparel subsist-
ence and implements OF husbandry, trade, or
other employment, to the value Of five hundred
dollars. The homestead exemption shall iDure
only to the benefit OF families. In other cases
the exemption shall extend only to clothing and
implements of trade or employment usually fol
lowed by the defendant, of the value Of twn hun
dred dollars The exemptions hereby made shall
not be waived or defeated by the act of any de
PENDANT, who has a family dependent upon him OF
! her for support and tue exempted property shall
be ascertained and defined by the sheriff Other
officer Enforcing the execution, who shall call tC
his aid two impartial citlzcnts to make the neccs
sary apprascment, and shall make report thereo
to the court.
ARREST FOR FRAUDULENT DEBTS.
Paragraph X is hereby modified so as to au
thorize arrest in civil actions ez contdctu only il
cases where the demand is past due, and the de
tendant has been guilty of fraud in contracting
the debt sued for, or has removed or disposed o
his property, or is about to do so, with intent t(
defraud his creditors, or is about to leave tht
State with such intent.
EXECUTORS AND TRUSTEES.
Paragraph XIV is amended by adding thereto
ALL proceedings i'm any court OF North Carolina
or of South Carolina, recognizing or sanctioninI
: the investment OF the funds OF minor heirs or o
females, or Ut insane persons, in the securities o
the late rebel government or the securities %
the Stutes of North Carolina or South Carolina
| created for the purpose OF carrying on wa
against the government Of the United States, viii
be suspended until the question 0 the validity o
such Investments shall have been determined b.
the courts of the United States, or by nationa
legislation And nothing in the provisions o
this order, or OF the order No. III above cited
shall be held to bar or hinder the recovery, b,
suit, of the estate of any MINOR heir female, o
insane person, (cestuigne trsSt, whether in tn
hands OF executors, administ atOrs, trustees
guardians, masters or clerks equity courts, ant
other fuciary agents, or invested by them il
their fiduciary character. as
DIsTILLERIEs.
H. General Orders No 25 of May 90, 1867, i
revoked; and on and after the first day of Janu
ary 1863 the distillatiOn of spirituOus liquors il
this Military District will be subject to such re
strictions only as are imposed by the laws of tn
United States and of the States of North AM
South-Carolina, respectively.
BATHROOMS '.is
I'LL Paragraphs vi and VII of General Order
No 49, dated May 80, 1867 are revoked, and tn
power to grant licenses for the sale OF spirituou
or intoxicating liquors is RENTED 10 the prope
local authorities, to take effect on and after tn
first day OF January, 1858, and to be subject +
the following conditions:
l. The municipal authorities granting the Il