The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-09
OFFICIAL.
Headquarters Second Military District,
CHARLESTON, S. c., December 81, 1867,

States.
Paragraph III of the same order is modified as
follows:
Sheriffs, coronors and constables, are hereby di
rected to suspend the sale of all property upon exc
cuton or process under any judgement or decree Of
court of the 30 called Confederate States or OF the
State OF North Carolina rendered between the 2otn
day Of May 1861, and the organization Of the Prov
sona government said State, under the Presidents
proclamation of the goth DAY Of April 1865 or OF the
Stale of South Carolina, rendered between the 18TH
day of ,cember, 1860 and the organization OF the
provisional government Of the said State under the
Presidents proclamation Of the Both day OF June.
1866 unless the written consent of the defendant be
entered of record, and except in cases where the
plaintiff or his attorney, upon oath, supported py
corroboraiye testimony, shall allege that The defen-
dant is dsposing of, removing, or about TO remove
his property beyond the jurisdiction of court with
infant to efraud his creditors Provided thatno such
Judgment 80 rendered, within the periods aforesaid,
shall be O 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 personal property, by foreclos
ure of mortgage. is likewise suspended in the cases
embraced in Paragraphs II and III Of said Order NO
10 as above amended except in cases where interest
money accrung subsequent to the 2eth day OF April
1865 shall not have been paid before the day OF sale
and all previous restrictions such sales are re-
voked.
Paragraph " of the same order is modified by
substituting the Goth day of April 1866 for the 10th
day of May, 1866.
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 msde
subsequent to the first day of January 1S63 are sus
pended. Judgments OF DEGREES entered for such
causes of action shall not be enforced.
Paragraph VII of the same order is modified as
follows: TO-.
In all sales of property under execution or by
order of any court there shall BIO reserved out Of the
property of any defendant who has family depend
ent upon his or her labor dwelling house and ap-
purtensnces and f in the country twenty acres OF
land or 80 much thereof that the whole shall not e1-
ceed in value the sum of two thousand dollars; and
in town or city, the immediate lot upon which such
dwelling house s situated; and necessary articles OF
urniture, apparel, subsistence and implements of
husbandry trade or other employment, to the value
of FIVE hundred dollars The homestead exemption
shall nure only to the benefit of families. In other
cases. the exemption shal extend only to clothing
and implements of trade or employment usually
followed by the defendant of the value OF two hun
dred dollars. Tho exemptions hereby made shall
not be wuived or defeated by the act of any defen-
dant who has family dependent upon him or her for
support, and the exempted property shall be ascer-
tained end defined by the sheriff or other officer en-
forcing the execution, who shall call to his aid two
impartial citizens TO make the necessary appraise-
ment, and shall make rcpurt thereof to the court.
Paragraph X is hereby modified SO % to authorize
arrest in civil actions cont, actu only in cases
where the demand Is past due and the defendant has
been guilty OF fraud in contracting the debt sued
for or has removed or disposed Of his property, or
is about to do 3d. with intent to defraud bis credi
tors or s sbont to leave the State with such intent
Paragraph XVI is amendedby adding thereto, all
proceedings In any court Of North Carolina, or OF
South Carolina. recognizing or sanctoning the in
vestment of the funds of minor heirs or of females,
or of insane PERSONS in the securities of the late
rebel government or the securities Of the States Of
North Carolina or South Carolina, created for
the purpose of carrying on war againt the
the Government of the United States, will be nus
pended until the question Of the validity Of such in
yestments shall have boen determined by tho Courts
of the United States or by national legislation And
nothing in tho 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 (cestui que trust, whether in the hands
of executors, administrators, trustees guardians
masters or clerks of equity courts or other dicuary
agents, or invested by them In their fducary char
acter.
IL General Orders No. 26 of May 20, 1857 is re-
yoked; and on and after the first day of January,
1868, the distillaon of spirituous liquors in this
Military District will be subject to such restrictions
only as are imposed by the laws of the United States
and OF the States of North and South Carolina, re-
spectively. .ytt...
Ill Paragraphs VI. and VII. of General Orders
No. so, dated May 80, 1867, are revoked, and the
power to grant licenses for the sale of sprituous or
intoxicating liquors is RENTED to the proper ks,al
suthorites to take effect on and after the rst day
of January 1865 and to be subject to the following
conditions:
1. The municipal authorities granting the license
shall be answerable that the parties to whom such
licenses are granted, together with their sureties
shall be responsible persons, and of good moral
standing in the community, and that both principal
and sureties shall be able to qualify individually in
double the amount Of the bond required, and that
the bond shall be lien upon the personal property
or both principal and surehes and upon proof OF de-
fault shall warrant the summary seizure and sae OF
so much of the property of either or both may be
necessary to satisfy the forfeiture or fine and costs
Q. Drunkenness or disorderly conduct on the
premises shall work the forfeiture of the license and
of the penalty of the bond.
g. The owner or keeper Of any bar room, saloon or
other place at which Intoxicating liquors are sold
and all other persons interested connected there
with, shall beregarded principals in any action
of damages growing out of any assault, riot afray
or other disorder occurring on the premises, or d.
rectly traceable thereto.
4. All bar rooms saloons or other places at which
intoxicating liquors are sold shall be closed on the
day or days of any general or local election, ard for
the twelve hours next preceding the opening and
next succeeding the closing of the polls at such elee
ton and the sheriffs of counties and districts, and