Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1869-01-05
General Order as to Sales under Trust
Deeds

HEADQUARTERS FIRST MILITARY DIST.
STATE OF VIRGINIA,
RICHMOND, VA, March II, 1868.
General Orders No. "a.
II Sales of property under deeds of trust.
when every civil remedy has been exhausted,
will be suspended by the operation ofthis order
In all cases where such sale would result in a
rulnouS and unnecessary sacrifice of property,
or where the payment cfinterest when due, and
OF the principal in a reasonable time, can be
secured without such sacrifice and also in cases
where such sale would leave a family or per
sons non compos or infrm, without means of
support.
= In any ease 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 statement
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 peti
ton, and cause one copy thereof to be served
upon the trustee. Whereupon the trustee shall
SUI pend the sale, and it shall remain suspend
ed unit! the said opinion Of the judge or COM
missioner shall be withdrawn, or the grantor
shall give consent in writing to its discharge, or
an order shall be made by the commanding
General authorizing the sale.
"3. fit be demanded by the trustee. or
benehciaries, or other parties in interest, the
judge or commissioner will hear all parties by
EVIDENCE and counsel and upon the facts as APP
proved at such hearing will affirm or withdraw
his previous opinion, or suggest to the parties
such terms of compromise as to him shall seem
equitable and just But either party may APP
peal from such final action of a Judge or com
missioner to the commanding General, giving
notica Of his appeal in writing to the Judge or
commissioner, who will inform the other parties
III interest; and in case of appeal by the grant
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 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 or commits
sloncr OF the record Of facts proven before him.
q. Reasonable 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.
-. 1t is the purpose of the commanding Gen
eral hereafter, as heretofore, not to interfere
with the operation of the State laws as admin
lstered by the civil tribunals, except where
the remedies thereby afforded are inadequate
to secure to individuals substantial justice. 1t
IS expected that. in general, cases of the class
referred to in this order will be settle 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.
by command of Brevet Major General
Schofeld S. T. CHALFIN,
Assistant Adiutant- General"