Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-01-08
Modification of Order No. 10.

Modification of Order No. 10.
The order of Gen. CANBY, as to Suits at Lnw,
Levy and Execution, &C., &c, in our issue of to-
day, resolves into certainty the general specula-
ton in regard thereto.
This order has been anxiously expected for
some time, as tho public very naturally appre.
hended, upon the removal of Gen. SIcKLEs and
appointment of Gen. CAspr, that the famous or
der No. 10. Of the former would be modified il
not repealed by his successor.
The principal notifications and changes con-
tanned in this order rotate to causes of action
arising during the war, contracts, tho considera-
tions of which are founded in the purchase and
sale of negroes, all settlements or payments in
Confederate money, the homestead law, tho j.
ccn.e laws, and di,tillerios.
This order of Gen. CANBY modifes tho End
paragraph Of 0rlor No. 10 SO that no action at
law can be instituted or prosecuted, and no eIocu-
ton enforced, upon any contract Using during
the period from 10th Dec. 1850 to Goth April
1855, until after the civil Government of this
State shall bo established in conformity to the
laws of the United States.
Paragraph Srd of Order No. 10. is more male
rally modified. BY that paragraph all levy and
sale on final process was suspended, whereas GeD.
CANBr's order suspends levy and sale, by impli
cation at least, only on judgments and DEGREES
rendered by Court of the "so-called COnfeder-
ate States" between the dstes Of 10th Dec. 1860
and the Goth June 1855. Thereby leaving the
State laws as to levy and sale 10 force as to the
great mass Of executions now in The Sherif's Office
of the different Districts, inasmuch as eompara-
lively very few DEGREES or judgments were rem.
dcred during the war.
The portion of Order No. 10 relating to what
is termed negro debts, is modified in very sig-
niGcaut manner. All proceedings founded upon
contracts, the consideration Of which was negro
property, were estopped by the original order,
whereas Gen. CASBYs order suspendS those only
which were commenced upon such contracts mad g
subsequent to the 1st January 1853. This por-
ton Of the order ne say is significant, inasmuch
us it foreshadows the probable decision Of the
United States Courts as to obligations entered into
for the purchase and sale of negroes, and induces
US to believe that all such obligations made prior
to the lst january 1868 will be enforced at law.
Paragraph XVI. is amended so as to ignore on
tirely all judicial proceedings for the confrma-
ton of investment in Confederate or State bonds,
by Executors, Trustees, or other persons of 0.
iduciary character, of the funds Of minors, fe"
males, or insane persons; upon the ground that
such Investment was for the purpose of aiding
the " rebellion" Upon the same grounds it might
have applied equally to adults. We say such in
vesments are entirely ignored, Us they arc de-
clared subject to tho determination of tho laws OF
United Stntes, which laws, we are satisfied, will
never sanction investments of this nature.
Endless litigation, we fear, looms up under THU
portion of Gen. CASDY's order, as such invest"
monts have been almost universal by virtue Of
the Act Of tho General Assembly of this State.
The restrictions upon distilling and ceiling Of
sprituous liquors imposed by Ordor No. 10 are
entirely repealed, and tho laws of tho United
States and of the State of South Carolina arc
again in furco in regard to the making, vending
and drinking (if We may add the lattsr Word)
of Liquors in general. The license laws are, in
our opinion, very dscrcetly (though We fear some-
what impracically) modified and guarded.
As regards the homestead lam, the unfortunate
debtors Of the country, who stand in duly awe of
executions of fer Jacias capias ad satisfacendum,
and of final process in general, will hail with
delight tho amendment made by the present order
IN tho matter of exemptiun from lew and sale of
dwelling house and appurtenancea, (and, If in
the country, twenty acroS of land) not to exceed
the value of S2OOO and of subsistence, furniture,
implements of husbandry &C., Of tho value OF
$500. This provision or homestead law applies
however only to families. Tho allowance Of
bachelors is only fow rags.
We sincerely hope that every man of family
may own property enough to secure SO liberal and
magnanimous an exemption. Two thouIand,
five hundred dollars, clear of dob', in those days
of poverty and gloom, may we'll tickle tho fancy
of the wsalthicst of bettor times. And We venture
the assertion that editors and printers never had
go brilliant m opportunity extended to thOm since
old Gutenberg discovered or invented the art of
printing.
We hasten to advise oil defaultors to cause their
property to bo Levied upon and sold, so as to so-
cure this beautiful arrangement
M9~ Tho Mobile Tribums states that between
1000 and $4,000 wero spent in that city on
Christmas day, in the purchase of toys, fireworks
and nicknacks. The sales of one jewelry store