Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1869-01-01
payment of the remainder.
BY command of Brevct Major General
Stoneman. S. f. CHALFIN
Assistant Adiutant General.

Payment VI Unc remainder.
BY command of Brevet Major General
Stoneman. S. T. CMALFIN
Assistant Adjutant General.
The following is General orders No. "a,
of March 18th, 1868, referred to above:
HEADQUARTERS FIRST MILITARY DIS
TR1cT, STATE OF VIRGINIA, Richmond Va,
March 18th, 1861. Sale Of property
under deeds of trust, when every civil reme-
dy has been exhausted, will be suspended by
the operation of this order in all cases where
such sale would result in ruinous and un-
necessary sacrifice of property, Or where the
payment of interest when due, and of tho
principal in reasonable time, can be Sc
cured without such sacrifice; and also in
cases where such sale would leave family
of persons non compos or infrm, without
means of support.
SO. 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 hav-
ing jurisdiction of the place in which the
property encountered is located, setting forth
statement Of all charges, encumbrances Or
liens relating to the property and the me-
terial facts relied upon to support the petit
ton. 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 trus-
tee; whereupon the trustee shall suspend the
sale, and it shall remain suspended until the
said opinion Of the judge or commissioners
shall be withdrawn, or the grantor shall give
his consent in writing to its discharge, Or an
order shall be made by the commanding gen.
eral authorizing the sale.
rs. If ii be demanded by the trustees OR
benefciaries or other parties in interest, the
Judge or commissioner will hear all parties
by evidence and counsel, and upon the facts
as proved at such hearing will affirm or
withdraw his previous opinion, Or suggest to
the parties such terms Of compromise as to
to him shall seem equitable and just. But
either party may appeal from such final ac-
ton of a judge or commissioner to the COM
handing general, give 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 grantor or parties
claiming under him, the sale shall remain
suspended until the decision Of the command
ing general is made known. All such APP
peals shall be accompanied with a copy Of
the original petition, with the opinion of the
| Judge or commissioner endorsed thereon,
and with copy. certified by the judge OF
commissioner, of the record of facts proved
before him.
81. Reasonable expenses for clerical la
Dor connected with the hearing may be d.
rected by the judge or commissioner, to be
paid by either or both parties, as shall seem
to him just In case of appeal, the ex-
penses Of such clerical work connected with
the appeal shall be paid or secured by the
applicant.
rs. 1t is the purpose Of the commanding
general hereafter as heretofore, not to in
terfere with the operation Of the State laws
as administered by the civil tribunals, ex-
cept where the remedies thereby afforded are
inadequate to secure to individuals substan-
tial Justice 1t is expec: ed that, in general,
cases of the class referred to in this order
will be settled by mutual concession and
compromise between the parties, i'll accor-
dance with the principles herein set forth,
and that the orders of the commanding gen.
eral will be required only in exceptional
cases.
"By command Of Brev. Maj Gen. Scho6eld.
rs. L. CuALFIN,
| HAssistant Adiutant General"