The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-12

or Dy mlntary ORDERS. r.
By command of Brevet Major-General ED.
" " LOUIS v. CAZIARC, Aide-de- Camp,
Act'g ASST Adj't General.
HEADQUARTERS Second Military District,
CHARLESTON, s. c., December 81, 1857, }
General Orders No. 164.l
T. PARAGRAPH II OF GENERAL ORDERS NO.
10, from the Headquarters of the Second Military
District dated April IL. 1857, is modified as follows:
Judgments or DEGREES for the payment OF money
on causes ofacton arising in North Carolina between
the Goth day of NAV 1851 and the 10th day OF April
1885, and in South Carolina between the 18th day OF
December, 1860, and the 29th day Of April, 1862
shall not be enforced, by execution, against the
person or properly of the defendant Proceedings
for such Causes OF acHon now pending shau pe
stayed and M suit process shnll be instituted OF
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 is modified as
follows:
sheriffs, coronors, and constables ars hereby d.
rected to suspend the sale Of all properly upon exc
cuton or process under any judgement or decree OF
court of the called Confederate States, or OF The
State OF North Carolina rendered between the 20tn
day OF May 1884, and the organization OF the provi-
sional government atc under the sidents
proclamation of the goth Gay OF April 1855, or OF the
State of South Carolina, rendered between The 18TH
day of December, 1860 and tle organization OF the
provisional government of the said State, under the
ofio ,f
$685. unless the written consent Of the defendant be
entered of freeord, and except in cases where the
plaintiff, or his attorney upon oath, supported by
corroborahve testimony shall allege that the deien-
dant is disposing Of removing or about to remove
his property beyond the jurisdiction of court with
intent to dersud his creditors Provided, thatno such
Judgment 80 rendered, within the periods aforesaid.
shall be bar to the commencement, in State
court of new suit upon the same 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 or personal property, by forecos
ure Of mortgage is likewise suspended in the cases
embraced in Paragraphs and III of said Order No.
90 as above amended, except in cases where interes
money accruing subsequent to the 29th day of April
1865 shall not have been paid before the day Of SALE
and all previous restrictions on such sales ore re-
voked.
Paragraph " Of the same order is modified by
substituting the 2sth day of April 1865. for the 10Th
day of May. 1885.
Paragraph of the same order is modified as
follows:
All proceedings for the recovery OF money on con-
tracts, whether under seal or by paro the conside-
ration of which was the purchase of slaves. made
subsequent to the first day of January 1863 are sus-
pended. Judgments or DEGREES entered for such
causes of action shall not be enforced
Paragraph VII of the same order is modified as
follows:
In oil sales Of property ulder 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 If in the country twenty acres of
land or so much thereof that the whole shall not e1-
coed In value the of two thousand dollars; and
in town or CITY, the immediate lot upon which such
dwelling house s situated; and necessary articles or
urniture, apparel, subsistence and implements OF
huebandry, trade or other employment to the vuluo
of five hundred dollars. The homestead exemption
shall inure only to the benefit OF families In other
cases. the exemption shall extend only to clothing
and implements OF trade or employment usually
followed by the defendant, OF the value oftwo hum
dred dollars. The exemptions hereby made shall
not be waived or defeated by the act Of any dofen-
dant who has family dependent upon him or her for
support, and tho exempted property shlll be asccr-
tanned 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 x is hereby modified 80 as to authorize
arrest In civil actions CT contractn cnly in cases
where the demand is past due and the defendant has
been guilty OF a fraud In contracting tho debt sued
for. or has removed ordisposcd of his property, or
Is about to do So with intent to defraud his cred
tors or ia aont to leave the State with such intent
Paragraph XVI is amended by adding thereto, all
nroceed,nos in any court of North Carolina, or of
South Carolina, recognizing or sanchoning the in
vestmcnt of the funds OF minor heirs, or OF females
or of insane persons in the securities OF the late
rebel government the securities OF the States OF
North Carol no or South Carolina, created for
the purpose OF carrying on war bgaint the
the Government of the United States, Will bo sus
pended until the question OF the validity OF such in
yestments 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 (ces.ut que trust, whether in the hands
of executors, administrators, trustees. guardians,
masters or clerks of equity courts or other fdicuary
agents. or invested by them in their fduciary char
acter.
II. General Orders No. o. OF May 20, 1867, is re-
voked; and on and after the first day of January,
1865 the distilat,on Of spirtuou7 liquors in this
Military District will be subject to such restrictions
only as are imposed by the laws OF the United States
anu of the States of North aud South Carolina.
spectively.
Ill Paragraphs VI. and VII. of General Orders
No. 80. dated May go, 1867, are revoked, and the
power grant licenses for the sale of sprtuous or
Intoxicating iouors Is remtted to the proper loca