The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1864-12-24
An Act to Enable the Courts to Enforce
g the Specific Performance of
Contracts.

Contracts.
Be It enacted By the Legislative Assembly Of
the Territory Of Idaho, as fottoos
SECTION l. In an action upon contract,
express or implied, for the direct payment of
money or currency, the Judgment, whether
the same be by default or after verdict or
upon the decision of the Courtor thereport
of a referee, shall follow the contract and be
made payable in the kind OF money or cur
rency stipulated for therein, or understood by
the terms thereof. PRoyIDED, that whenever
written contract to pay '.Gold Coin" or its
equivalent in gold dust, or bars, be not per-
formed according TO the terms Of said con-
tract whether by promisory note or other
wise, it shall thereafter, ct the option of the
party entitled to the benefit thereof, be
deemed and held to be contract to pay gold
coin only, within the meaning of this Act,
and may be enforced accordingly.
SEC g. In an action for the recovery of
unliquidated damages, the Court, jury or
referee who shall assess the same shall esti-
mate the amount thereof, either in gold or
silver coin Of the United States, or in United
States legal tender paper currency, at the
option of the party prosecuting for the recoV
cry of such damages, and the Judgment there
for shall be made payable in the kind of
money or currency in which such damages
shall have been estimated.
SEC. 3. An execution to enforce judg
ment for a specified kind of money, shall re-
quire the Sheriff to satisfy the same in the
kind of money or currency specified in such
Judgment, and in case of levy and sale ofthe
property ofthe judgment DEBTOR be shall re-
fuse payment from any purchaser at such
sale, in any other kind of money than that
specified in the execution. The Sheriff shall
pay over according to law the kind of money
recovered on such execution, and in case Of
neglect or refusal so to do, he shall be liable
on his official bond to the judgment creditor
IN three times the amount of the money col
lected. 5El69 a
| Sec 4. The certificate of sale of real
property on an execution to enforce judg-
ment for a specified kind Of money, shall
state the kind OF money recovered on such
sale, and the notice of sale shall specify the
kind Of money in which bids may be made
at such sale which shall be the same as that
specified in the judgment, and the Sheriff
shall state in his returns the kind of money
received
Sec. s. The purchaser at a sale of real
property, on execution for specified kind of
money, shall be entitled to receive from the
redemptioner, and the redemptioners from
each other, the kind of money specified in the
certificate of sale, before Il redemption OF
such property can be had.
SEC. This Act shall take effect and be
in force, from and after its approval by the
Governor.
Passed the House Nov. 26, 1864.
ALEX. BbAKGLY,
Speaker of the House of Representatives.
Passed the Council Nov. %, 1864.
JOHN CUMMINGS,
President of the Council.
/ Approved Dec 3rd, A. D 1864.
CALEB LYON OF LY0NSDALE,
The Governor Of Idaho.
ga true Copy"
Attest,
SILAs D. COCHRAN,
Acting Secretary Of the Territory.