The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-23
49, =
8,itl.r,lsa,,d Dispatfll
The New Stay Law.

The following order, issued on yesterday
General STeNEMAN, 30 fully expiasne
itself that no comments upon i. seem to be
needed. It will be seen that he continues
in force General scHorIsLD's Order No.
"a, which also we repablish. So that real
estate remains as free ss before, whilst per-
senal property is not in any, event to be
sold bsfcre the LIST Of July, and not ldtter-
aoards in case the owner can provide Tor
the payment Of interest upon his debt.
"HsADeuaSrERs FIssr MiLir4kr DIsThIIor'
dIrl% u estate OF insISIA,
"R,eHxosp, VA, December o, 1855. }
4" General Ordsrs No. l42. r "
"rn,stey Of the pecuniary distress and difi,-
cnIties- which must necessarily ensue through
ont this military district upon the termina-
lion Of the stay law the list OF January
next. and I'm the absence of any Legislature
or body competent TO devise the appropriate
remedy therefor, 1t Is ordered:
81. That the stay of executions against per-
sona) property, so far only as the same exists
under laws now in force, and which by the
provisions thereof expires On the first day OF
January 1865, shall be, and is hereby, eX:
tended until the first day of July, 1850 ana II,
Oh or before the said last named day, the deotor
shall have paid all the interest then due and
owing thereon, such execution shall be fur
Their stayed until other orders from these or
superior headquarters. .. e Il d, f1H
80. If, during the existence of this order,
any debtor shall be eloignipg any property
which but for the existence of this order
would be liable TO said execution, or shah dls.
pose. or attempt TO dispose, Of the same 10 Inc
prejudice of hts creditor, IL shall be lawful
and right for snch creditor TO apply 70 any
circuit court, OF 10 any Judge thereof in vaca.
ton, giving reasonable notice OF such appiica-
ton TO the debtor, and said court or judge
tto,, ha faf proa ont n nIQ
oath of the parties, and such legal evidence as
they may adduce, may make ar order TO the
clerk to issue said execution for the entire
debt, interest, and costs, or else dismiss such
application, with costs TO either party, as TO
the said court or judge shall seem right. ast
"S. General Orders No. "a, Of March 18th,
1865, are hereby continued in force, and the
military commissioners and circuit judges
entrusted wi tn their execution are enjoined to
observe and give effect to the same.
a. 1t is intended by this order that whilst
afIording relief to the debtor, not 10 impair the
rights of the creditor, but to preserve and en-
force the same by subiecting the whole per.
sonal estate which Is now exempt by the stay
law to the lien Of the creditors execution,
and at the same time enforce a prompt pay
ment OF part of the debt, and an early pay
ment of the remainder.
by command Of Brevet Major General
Stonsmdn. s. F. CHALFIN,
a,.n assistant Adjutant- General"
General Order as to Sales under Trust Deeds.
"HgADQUARTERs FIRST MILITARY DISTRICT,
estate OF VIRGINIA,
"RIcHMoSD, VA, March H. 1858. }
" General Orders No. "a. -r5T~
a. 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 cases where such sale would re-
suit in n ruinous and unnecessary sacrifice OF
property, or where the payment of interest
hppd md n 70 ri in err 81
time, can be secured without such sacrifice;
and also in cases where such sale would leave
a family, or persons NON compos or infirm, with
out means OF support. .-a..- ID
"2. In any case coming 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
encountered Is located, setting forth State
ment Of all charges, encumbrances, 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 it's discharge, or an order shall be made
by the commanding General authorizing the
sale. ..ai". -.
"S. If it be demanded by the trustee or
beneficiarias, or other parties in interest, the
Judge or commissioner will hear all parties by
evidence and counsel; and upon the facts as
approved at such hearing will affirm or with
draw his previous opinion, or suggest to the
parties such terms of compromise as to him
shall seem equitable and just But either
party may appeal from such final action of a
Judge or commissioner to the commanding
General, giving notice Of his appeal In writing
TO the judge or commissioner, who will inform
the other parties in Interest; and in case of
appeal by the tor 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 ac-
companied with d copy of the original petit
ZION, with the opinion of the judge or COM
missioner endorsed thereon, and with 4 copy,
ccrtiheu by the judge or commissioner, Of the
record OF facts proven before him.
Unreasonable 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.
- It is the purpose of the commanding Ge-
neral hereafter, as heretofore, not to interfere
with the operation CT the State laws as admi.
listered by the civil tribunals, except where
the remedies thereby afforded are inadequate
10 secure to individuals subs tantial Justice.
II Is expected that, in 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 be required only in
exceptional cases. 80 ---e>..-.- y
BY command of Brevet Major General
Sch9aetd. -.a ts S. F. CHALFiS, s.-
Assistant Adjutant. General