, 1865-02-03
The Specific Contract Law

OLYMPIA, Jan. II, 1865
EDS. STATESMAN Herewith I send you copy Of
the Specific Contract Law, and the vote upon its
passage. Mr.. Clymers amendment makes the law a
dead letter, SO think it will not be vetoed Gov.
Pickering left for Washington yesterday morning,
consequently Secretary Evans is now Acting Cover
nor, and as hois 'dsloyal" enough to think a man
he viii veto the bill However it cannot be Of any
force as it is The bill went to the Council and ely
mers amendment was stricken out. 1t was returned
to the house and the house refused to concur by the
following vote:
AYES Alexander, Downey Leighton, Lacy. Nc
Cav, Miller Of Island, McAlmond Miller of Kitsap,
Sheets, Tibbals, Webber-1l All Democrats.
NAYS-CTOsby, Clymer, Eldridge, Ford, Knight,
Lancaster, Rhoades, Ruddell, Reed, Watson, VALID
rip and Mr. Speaker-l2. All Republicans but Mr.
Dugan.
ABsENT-Brown, Bridges, Dwelley, Hays and
johnson. The three former would have voted Aye
The bill was then passed by the Council with the
amendment, as follows: O.P.L
AN ACT to enable Courts in Washington Territory
to enforce the Specific Performance Of Certain
Contracts.
SECTION l. BE 1t enacted By tie Legislative Asse05
big Of the Territory Of Wa'hjngton, That the sever
al Courts within this Territory in giving Judgment
decree written contract, for the payment or
delivery ofgold coin, legal tender notes, or any 9TH
er kird of lawful money specified IN such contract
and in giving judgment or decree for The recovery
! of money, by any person persons on deposit OF
as agent trustee otherwise for the use of another,
shall, if either party require it, adjudge and decree
that the principal sum so contracted or so received
and the interest thereon hut not the costs of suit
shall be paid in the kind of money specified in the
contract receipt certificate OF deposit other writ
ten memoranda. given by the party indebted or SO
! receiving, for the Of another
2 Territory,
in giving Judgment decree in action OF suit ol
the nOn-delivery failure to account for gold dust
received on deposit, or as an agent or trustee, OF
otherwise for the use Of another SHALL if either par
ty the action require t adjudge decree that the
damages assessed for such nOn-devery failure tc
account shall be paid in gold or silver coin of tho
| United States.
SEC 3. written contract TO pay gold coin or its
equivalent in gold dust, or gold or silver bars if not
performed according the stpulations thereof shal
thereafter be considered, deemed and adjudged tC
be contract to pay gold or silver coin only within
the meaning of this act and shall be enforced by al
courts of this Territory accordingly.
SEQ. 4. An execution to enforce judgment Of
decree for specified kind of mony, shall require the
sheriff to satisfy the same in the kind Of money o
currency specified in such judgment or decree; anC
in case Of levy and sale of property of the judgment
debtor, the sheriff shall refuse to receive from any
purchaser, at such sale, any other kind Of money
than that specified in such execution, and the sheriff
shall pay, according to law the kind Of money re
covered on such execution; andin case Of ncgec
bond to the judgment creditor, in three times thu
amount Of money collected on such execution.
SEC. s. The certificate Of sale Of real property
sold on execution, to enforce Judgment or decree
for a specified kind of money, shall state the kind o
money received on such sale and the notices o
such sale shall specify the kind Of money in whicl
bids may be made at such sale, which shall be thC
same as specified in the Judgment or decree, and th
sheriff shall state in his return the kind of money
received
SEC. 6. The purchaser at Sale of real property
for specified Kind Of money, shall be entitled to re
ceTe from the redemptiOner and redemptioner
from each other, the kind Of money specified in tn
certificate of sale PTOUidel, That no money shal
be received in satisfaction of judgment or decree
for specified kind Of money, or upon an execution
to enforce the same. other than the kind OF none.
specified in such judgment or decree Ind pr0Uide
furher That the gold ard silver coins Of the UnteC
States to the spective amounts for which they ar
by law legal tenders, shall he received at their nom
inal values in payment Of every such contract, o
liabilities, and OF such judgment or execution.
SEC. 7. This act shall apply to all written con
tracts hereafter made in this Territory. ~ Pro
ujded That this act shall mt be construed or e1ecU
ted TO cohtraVene Aeact Of Congress lohicb make
United States Treasury Notes Legal Tender in pay
neat Of all debts public and Pri9ate, except duties
imports and interest on the public debt.
SEo. s. All acts and parts of acts contrary to tn
provisions Of this act be ana the al hereby re
pealed.
SEC. g. This act to take effect and be in fore
from and after its passage.
. Z -
(s) That portion Of Section set IN !tsh;s Is th
obnoxious Clylnsr amendment.