Year: 1867




year, many fanatics have been deprived OF shell
ter, many more need food and clothing, useful
implements and auxiliares of husbandry very
scarce; the laboring population in numerous To-
calities 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 inpovcr-
ished people the immediate collection OF all
claims. To suffer all this to go on without re-
straint remedy is to sacrifice the general good.
The rights of creditors shall be respected but the
appeals of want and suffering must be needed.
Moved by these considerations, the following reg
ulations are announced, and they will continue in
force with such modification as the occasion may
require until the civil governments OF the respec
tive States shall be established in accordance with
the requirements the Government OF thc United
States. The commanding General earnestly de-
sires and confidently believes that the observance
of these regulatio ard the co-operation of all
persons concerned in employing fairly and justly
the advantages still remaining to them, will miti
gate the distress now existing, and that the aven-
ues of industry, enterprise and organization thus
opened will contribute to the permanent welfare
and future happiness OF the people.


First Imprisonment for debt is prohibited,
less tt 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 de-
mand, and the proceedings now established in
North and South Carolina respectively, for the
trial and determining of such questions, may be
adopted


Second: Judgment or DEGREES for the payment
of money on causes of action arising between the
10Th OF December 1860, and the 18th of May, 1865.
shall not be enforced by execution against the
property or the person of the etendant. Pro-
ceedings 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.


Third: Sncritfs, coroners and constabes are
hereby directed to suspend for twelve calendar
months the sale of all property upon execution
of prncess on liabilities contracted prior to the
10Th of December, 1850, 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 corroborative testimo.
ny, al. .ge prove that the defendant is moving
or intends frauduently 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 accrung since the
18th day of May, 1865, shall not have been made
before the day of salt


Fourth: Judgments DEGREES entered or
rolled on causes of action arising subsequent to
the 18th day of May 1865. may be indorsed by
execution, against the property OF the defendant,
and in the application OF the money arising un-
der such executions, regard shall be had 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


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
DEGREES entered or enrolled for such causes OF ac
ton shall not be enforced.


Sirth: All advances of moneys, subsistence,
implements, and fertilizers, loaned used, EN-
ployed, required for the purpose of aiding tue
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 S, cure advances
of money aad other means for the cultivation oi
the soil.


.Serenth In all sales of property and execution
by order of any court there shall DC reserved out
of the property of any defendant who has fami-
ly dependent upon his or her labor dwelling
house and appurtenances and twenty 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 o.
$500 The homestead exemption shall inure on
ly to the benefit OF tamilies-that is to say, pa
rent or parents and child or childrcn-in other
ses the exemption shall extend only to clothing,
implements of trade or other employment usu-
ally followed BY the defendant of the value OF
S10O 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 report thereof In
each case to the Court.


Eig!tth: The currency of the United States de-
clared 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 ana refused .i
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 agri-
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 interfGred 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 cOntractu bail, as heretofore
authorized, shall not be demanded by the suitor
nor taken by the sheriff or other officer serving
The process in suits for pass, libel wrongful
conversion of property, and other cases, known
as actions delcto bail, heretofore authorized,
may be demanded and taken. The prohibition
of bail in cases contrGctat 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 offese it shall be the
duty of such magistrate or officer 10 issue his
warrant on the rccognizance of the complaint to
prosecute without requiring him to give security
on such recogniZance.


TLcelfth: The practice of carrying deadly we&p-
ons except by officers and soldiers in the militia
ry service Of the United States, is prohibited
The conceament of sIch weapons on the person
will be deemed an aggravaton of the offensc. A
violation of this order will render the offender
amenablc 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 conceallng deadly
weapon shall be deemed evidence of felonlous
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.


Fourteenth: The punishment of death in GER
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 or of larceny, when the
property stolen is of the value of s25, of assault
and battery with intent to kill, of assault with
deadly weapon, shall be deemed guilty of felo-
n.y. 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