Year: 1867

CHARLESTON, s. c., April IL, 1857


GENERAL ORDERS No. 10.-The general desti-
tuition prevailing among the population of. this
military district cannot be relieved without af-
iording means for the deVelopement OF their in
dustrial resources. The nature and extent of the
deStitutiOn demand extraordinary measures. The
people are borne down by aheavy burden OF debt,
the crops Of grain and garden produce failed last
year, many families have been deprived OF shell
ter many more need food and clothing, needful
implements and auXilaries OF husbandry are very
scarce; the laboring population in numerous To-
calties are threatened with starvation unless sup
piled with food by the Government of the United
States; the inability of large portion of the peo-
pie to pay taxes leaves the local authorities with
out adequate means of relief, and the gravity of
the situation is increased by the general disposition
shown by creditors to enforce upon an impoyer-
ished people the Immediate collection of all
claims. To suffer all this to go on without re-
straint or remedy is to sacrifice the general good.
The rights of creditors shall be respected but the
appeal of want and suffering must be needed.
Moved by these considerations, the following reg
ulatons are announced, and they will continue in
force with such modification as the occasion may
require until the civil government OF the respec-
tive States shall be established in accordance with
the requirements ofthe Government of the United
States. The commanding General earnestly de-
sires and confidently believes that the observance
of these regulations and the cooperation of all
persons concerned in employing fairly and justly
the advantages still remaining to them will miti-
gaze JnC distress now cAlStlLS, duu IuhG Tie aNen
of industry, enterprise, and organization thus
opened will contribute to the permanent welfare
and future happiness of the people


l. Imprisonment for debt is prohibited un-


less tie defendant in execution shall be convicted
of fraudulent concealment or disposition of his
property with intent to hinder, delay and prevent
the creditor in the recovery of his debt or demand
and the proceedings now established in North
and South Carolina respectively, for the trial and
determination of such questions, may be adopted.


ii. Judgment or DEGREES for the payment
of money on causes of action arising between the
18th OF December 1860, and the 18th of May, 1865,
shall not be enforced by execution against the
property or the person of the defendant. Pro-
ceedngs in such causes of action now pending
shall be stayed, and no suit or process shall be
hereafter instituted or commenced for any such
causes of action.


Ill. Sherffs, coroners and constableS are
hereby directed to suspend for twelve calendar
months the sale of all property upon execution
of process on liabilities contracted prior to the
10Th of December, 1860, unless upon the written
consent of the defendants, except in cases where
the plaintiff or in his absence his agent or attor
ney, shall upon oath. with cOrroboratiye testimo
nv all, ge or prove that the defendant is moving
or intends frauduleDtly to remove his property
beyond the territorial jurisdiction of the Court.
The sale of real or personal property by fore
closure of mortgage is likewise suspended for
twelve calendar months, except in cases where
the payment of interest money accruing since the
18th day of May, 1865, shall not have been made
before the day of sale.


". Judgments or DEGREES entered or en-
rolled on causes of action arising subsequent to
the 18th of May, 1865: may be enforced by
execution, against the property of the defendant,
and in the application of the money arising un
der such executions, regard shall be mad to the
priority of liens, unless in cases where the good
faith of any lien shall be drawn in question In
such cases the usual mode of proceeding adop-
ted in North and South Carolina respectively to
determine that question shall be adopted.
V. All proceedings for the recovery OF
money under contracts, whether under seal or by
parole, the consideration for which was the pur-
chase of negroes, are suspended. Judgments or
DEGREES entered or enrolled for such causes OF ac
ton shall not be enforced.


VI. ALI advances of moneys, subsistence,
! implements, and fertilizers, loaned, used, en-
ployed, or required for the purpose of aiding the
agricultural pursuits of the people shall be pro-
teeted. and the existing laws which have provi-
ded the most efficient remedies in such cases for
the lender will be supported and enforced; wages
for labor performed in the production of the crops
shall be lien ON the crop, and payment OF the a.
mount due for such wages shall be enforced by the
like remedies provided to secure advances ofmon-
ey and other means for the cultivation of the SOIL
VII. In all sales of property under execution
or by order of any court there shall be reserved out
of the property of any defendant, who has faml-
ly dependent upon his or her labor, dwelling
house and appurtenances and twenty acres OF
land for the use and occupation of the family OF
the defendant, and necessary articles of furniture
apparel, subsistence, implements of trade, hus-
bandry or other employment of the value OF
$500. The homestead exemption shall inure on
" to the benefit of families-that is to say, pa
rent parents and child or children-in other ca
ses the exemption shall extend only to clothing,
implements of trade or other employment usu-
ally followed by the defendant, of the value OF
500. The exemption hereby made shall not be
waived or defeated by the act of the defendant
The exempted property of the defendant snail
be ascertained by the Sheriff other officer en-
forcing the execution, who shall specifically de-
scribe the same, and make report thereof In
each case to the Court.


VIII. The currency of the United. States de-
clared by the Congress of the United States to be
legal tender in the payment of all debts, dues,
and demands, shall be recognized in North and
South Carolina. And all cases in which the
same shall be rendered in payment and refused
by any public officer will be at once reported 10
these headquarters or to the commanding officer
of the post within which such officer resides


TX. Property of an absent debtor or one
charged as such without fraud, whether consist
ing of money advanced for the purposes OF agrl-
culture or appliances for the cultivation OF the
soil, shall not be taken under the process known
as foreign attachment but the lien created py
any existing law shall not be disturbed nor snail
the possession or the use of the same be in any
wise interfered with except in the execution OF
judgment or final decree in cases where they are
authorized to be enforced.


x. In suits brought to recover ordinary
debts known as actions er contrdct bail as hereto
fore authorized shall not be demanded by the suit
or nor taken by the sheriff other officer serving
the process in suits for pass, libel, wrongful
conversion OF property, and other cases, known
actions er delicto, bail, heretofore authorized,
may be demanded and taken The prohibition
of bail in cases er contrdctn shall not extend TO
parties about to leave the State, but the TACT OF
intention must be clearly established by PROOF.


XI. In criminal proceedings the usual re-
cognizances shall be required and taken by the
proper civil officers heretofore authorized by law
to take the same, provided that npon complaint
being made to any magistrate or other person
authorized by law to issue warrant for breach
OF the peace, or any criminal oenseS shall be the
duty OF such magistrate or officer to issue MS
warrant upon therecognizance of the complaint 10
prosecute without requiring him to give security
on such recogniZance.


XII. The practice of carrying deadly weap
ons, except by officers and soldiers in the militia
ry service of the United States is prohibited
The concealment of such weapons on the person
will be deemed an aggravation of the offense. A
violation of this order will render the offender
amenable to trial and punishment by military
commission. Whenever wounding or killing
shall result from the use OF such weapons, proof
that the party carried or concealed deadly
weapon shall be deemed evidence of felonlous
attempt to take the life of the injured person,


XIII. The orders heretofore issued in thls
military department prohibiting the punishment
of crimes and offenses by whipping manning
branding, stocks, pillory other corporal punish
ment are in force and will beobeycd by all persons


XIV. The punishment of death in Ger
tain cases of burglary and larceny imposed Dy
the existing laws of the provisional governments
in this military district, is abolished. Any person
convicted OF burglary or of larceny, when tne
property stolen is of the value Of assault and
battery with intent to kill, of any assault with