Year: 1867

Ter such executions, regard shall be had to tho
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.


Fifth: 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
tiOn shall not be enforced.


Sirth: ALI advances of moneys, subsistence,
implements, and fertilizers, loaned, used, en-
ployed, 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; wa
ges for labor performed in the production of the
crops shall be lien ON the crop, and payment of
the amount due for such wages shall be enforced
by the like remedies provided to secure advances
of money aad other means for the cultivation of
the soil.


Seve,M: In all sales of property and execution
by order of any court there shall be reserved out
of the property of any defendant who has fami-
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
ly to the benefit of tamilies-that is to say, pa
rent or parents and child or children-in other CO.
ses the exemption shall extend only to clothing,
implements of trade or other employment usu-
ally followed by the defendant, of the value of
$780, The exemption hereby made shall not be
waived or defeated by the act of the defendant.-
The exempted property of the defendant shall
be ascertained by the Sheriff or other officer en-
forcing the execution who shall specifically de-
scribe the same, and make a report thereof in
each case to the Court.


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


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


Tenth In suits brought to recover debts
known as actions er cOntrdctu bail, as heretofore
authorized, shall not be demanded by the suitor
nor taken by the sheriff other officer serving
the process in suits for trespass, libel, wrongful
conversion of property, and other cases, known
as actions lclictO ball. heretofore authorized,
may be demanded and taken. The prohibition
of bail in cases er cORtTdctu shall not extend to
persons about to leave the State, but the fact of
intention must be clearly established by proof.


Eleventh.: In criminal proceedings the usual re-
cognZances shall be required and taken by the
proper civil officers heretofore authorized by law
to take the same, provided that upon complaint
being made to any magistrate or other person
authorized by law to issue warrant for breach
of the peace or any criminal oHense it shall be the
duty of such magistrate or officer to issue his
warrant on the recognizance OF the complaint to
prosecute without requiring him to give security
on such recogniZance.


Tt0elfth: The practice of carrying deadly weap-
ons except by officers and soldiers in the militia
nf no L.
The concealment of such weapons on the person
will be deemed an aggravation of the offense.
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 person carrying or concealing deadly
attempt to take the life of the injured person.


Thirteenth: The order heretofore issued in this
military department prohibiting the punishment
of crimes and offenses by whipping, manning,
branding, stocks, pillory, or other corporal pun
ishment is in force and will be obcycd by all
persons.


tain cases of burglary and larceny imposed by
the existing laws of the provisional governments
in this military district, is abolished. ANY person
convicted of burglary of larceny, when the
property stolen is of the value of S95, of assault
and battery with intent to kill, of assault with
deadly weapon, shall be deemed guilty of felo-
nv. and shall be punished by Imprisonment at
hard labor for term not exceeding ten years nor
less than two years. in the discretion of the court
having JurlSQlcIlOn tQcreOl. Larceny, WucH tuc
value thereof is less than S25, shall be punished
by Imprisonment at hard labor for term not ex'
ceeding one year in the discretion of the court.


Fifteenth: The Governors of North and South
Carolina shall have authority within their juris-
dictions respectively to reprieve or pardon any
person convicted and sentenced by civil court,
and to remit fines and penalties.


Sixteenth: Nothing in this order shall be con-
srued to restrain or prevent the operation of pro-
ceedings in bankruptcy in accordance with the
acts of Congress in such cases made and provided
for with the collection of any tax, impost excise
or charge levied by authority of the United
States or of the provisional governments of North
and South Carolina; but no Imprisonment for
over due taxes shall be allowed, nor shall this Or
der or any law of the provisional governments of
North and South Carolina operate to deny to mi
children children coming of age OIL their
representatives, nor to suspend as to them any
right of action, remedy or proceeding against ex-
ecutors administrators, trustees, guardians, mas
tiers, or clerks of equity courts or other officers
persons holding fduciary relation to the per-
sons or the subject of the action or proceeding


Se0enteenM: Any law ordinance heretofore in
force in North or South Carolina inconsistent
with the provisions of this General Order is here
by suspended and declared inoperative.


By command of MajorGen. D. E. Sickles.


j. W. CLOUS, Capt


3Sth U. s. Infantry, A. D. c. d A. A. A. G.