The native Virginian. [volume] (Orange Court House, Va.) 1867-187?, 1868-03-20
GENERAL ORDER As TO SALES UNDER
TRUST DEEDS.

| q 81 81 -
HkADQ'Rs lsT MILITARY DIsTR1cT, n
II a ~ TArE oR.H IRGfkIA,
RleuxnSp, " A. March h, 1865.
/ General Orders NO, 81,
4. sales of property under deeds of
/ trust Wien every civllreinefiy has been
Exhausted, viii be Suspended b. tic
Ioperati0n of this orderln all cases, where
such sale wquld result ina ruin0us and
unnecessary sacrifice of property, or
where the payment of interest when
due, and of the principal in z reasou=-
able time, can be secured without such
| sacrifice; and also IN such cases where
such a sale would leave family or per-
sons non eompos or infirln, without
means of support lTr t.rg1
albany casccoming within the above
conditions, the grantor may apply by
petition in writing, in duplicate under
oath, to the military commissioner or
circuit judge having jurisdiction of the
place in which the property encpmber-
ed Is located setting forth q Statement
ofait charges, enclImberances or liens
relating to the property and to the
material facts set forth are sufficient to
Sustain the petition. IT the Judge or
commissioner be OF opinion of the facts
set forth are sufficient to sustain the Pc
tition he will endorse such opinion ON
the duplicate petition. and cause one
copy thereof TO be served ON the trts-
tee. Whereupon the trustee shall sus-
pend the sale, and it shall remain Sis
pended until the said opinion of the
/ Judge or commissioner shall be with
drawn, or the grantor shall give his
donsent in writing to its discharge or
an order shall be made by the comman-
ding General authorizing the sale.
Ifit be demanded by the trustee or
benliciaries, or other parties in inter-
est, the Judge or commissioner will
hear all parties by evidence or counsel,
and upon the facts, as approved at such
hearing, will affirm or withdraw his
previous opinion or suggest to the
parties such terms Of compromise as to
him, may seem equitable aud iusa.-r-
But either party may appeal from such
final action of Judge orcommissioner
to the commanding General. giving no.
tice of his appeal in writing to the
Judge or commissioner, who viii inform
the other parties in interest /; aud in
case of appeal by the grantor, or par
ties claiming under him, the sale shall
remain suspended until the decision of
the commanding General is made
known. All such appeals shall be ac-
companied with a copy of the original
petition, with the opinion of the judge
or commissioner endorsed thereon, and
with copy. certified by the Judge or
commissioner, of the record of facts
proven before him. .la - saaH
4. Reasonable expenses for clerical
labor connected with the hearing may
be directed by the judge or commission
er 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.
6, 1t Is the purpose OF the commando
ing General hereafter, as heretofore,
not to interfere with the operation OF
the State laws as administered by the
civil tribunals. except where the reme-
dies therby afforded are inadequate TO
secure to individuals snbst:lnIialfjus
tice. 1t is. expected that, in general
cases of the class, referred to III this or
der will be settled by mutual eonces-
stOn and compromise between the par
ties in accordance with the principles
herein set forth, and that, the orders of
| The commanding General will be re-
| quired only in EXCEPTIONAL cases
BY command of Brevet Major General
Schoiielu. .f4a $50 gAsa axe nv I
ht4 lie, S.-F. CuAFLIs. ~
| t. Assistant Acknowledgement, /