Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1868-03-19

SALES UNDER TRUST DEEDS.

Tne following order from the command
ant OF this military district, in regard to
the late decision of the Court Of Appeals
on the subject of the Stay law, was pronul-
"a CT ye>t,r!ay:
Head ems F.isr MILITARY DlsTaIcr.
STATE OF VIsG!NIA.
/ RICHMOND, VA. March l2th, 1858
Geaerl Orders,
No. o.
l. Sales Of property. uai:r deeds of
sFast, when every civil remedy has been
exhausted, will be suspended by the opcr-
alton OF t'.is or'!er in all cases where such
safes would result in a runous au.l aa,uec-
essay sacrifice Of property. or where the
payment OF interest wbcn due. anl Of the
princjlai, IN reasonable time, can be Sc
cured without such sacrifice: and also III
cas's where such sale would leave family
Or person non comp>s or inirtn, wi.Ilout
means Of support
In eases coming within the above con-
.'l'ion5. tee gFan'of may apl''y ty petition
II whiting, III duplicate, uuder oath to the
military commissioner or circuit JUICE
having jurisdiction OF the place In which,
tue properly encunbcrod is located setting
f"ith = statement 1T all charges, encunl-
FRANCES. or hens relating h iha property
aut! the material facts rciied upon To sup
port tho Foti'i>'s,. II the Judge Or COM
missioner be Of opinion that the facts Sc,
forth are sufficient TO Sustain the petition,
he iii endorse suc!, opinion or the duplicate
petition, aud cause one copy thereof to he
served upon the trustee. Whercupon the
trustee shall suspend the sale, and it >hal!
reninn suspended until the said opinion OF
the judge o. comm! siener shall be with
:rawn, Or the gfanio: shall give his con-
sent in writing to its discl arge, or an Or
der shall be male Ly the commanding
general authorizing tie sale.
3. Il ii be dtnIan.ie>l by he trustee, 0:
beneticiArios or other parties in Interest,
the judge or commissioner viii hear all
parties by evidence and counsel. ana upol,
the facts, as proved at such hearing, will
affirm Or Withdraw his previous opinion, or
suggest to the parties such terms of com
promise as to him shall seem eluita!lc and
just. But either party may appeal from
such final action of Judge o: commission
er to the commanding general. giving no.
tee of his appeal in writing to the judge or
Commissioner, who will inform the other
parties III inrerest Z; and in case Of appeal
by the grlntor. or parties claiming under
him, the sale shall remain suspended un-
il The decision Of the Commanding Sen
eral is made known. All sub appeals
SHALL be accompanied with copy of the
original petition, with the opinion of the
Judge or Commissioner endorsed thereon.
and with a copy, certified hy the Jud gc OF
Commissioner. Of the record OF facts prov
en- before him.
4. Reasonable expense for clerical labor
connected with the hearing may lie direct
ed Ivy the Judge or mni>sioner to b.
paid by either or 18th parties. as shall
seem to him just In case Of appeal. The
expenses of suc', clerical work connected
with the appeal shall be paid or secured
by the appellant.
5. 1t is the purpose Of the Commanding
General. hereafter rs heretofore. not to III
teff,re with the operation OF The State laws
as administered by the civil tribunals, OK
cept VII r. tie remedies Their by afif 'r>ed
arc inuJ, Guate to secure to individuals
substantial jasti,e. It is expected that,
in general. cases OF the class referred to in
this order, viii be settled hy mutual Goa
ceSsion ana compromise between the par
ties, in accordance with the principles
herein set jorth, aud that the orders o. the
Communicating Uener.l oiIll be required
OIL, in exceptional eases.
By command # Brcvet Major General
Sehofell.
s. F CHALrls,
Assistant Al.intaui General