Chap. 270.—An ACT to amend and re-enact the Ist and 2d sections of
the act passed 8d of March, 1866, entitled an act providing for the
Adjustment of Liabilities arising under Contracts or Wills made between
the Ist day of January, 1862, and the 10th day of April, 1865. ©

Passed February 28, 1867.

1. Be it enacted, That in any action or suit or other pro-
ceeding for the enforcement of any contract, express or 1m-
plied, made or entered into between the first day of January,
eighteen hundred and sixty-two, and the tenth day of April,
eighteen hundred and sixty-five, it shall be lawful for either
party to show by parol or other relevant testimony, what
was the true understanding and agreement of the parties
thereto, either express or to be implied, in respect to the
kind of currency in which the same was to be fulfilled or
performed, or with reference to which as a standard of value
it was made or entered into; and in an action at law, or suit
in equity, it shall not be necessary to plead the agreement
specially in order ‘to admit such evidence: provided, that
when the cause of action grows out of a sale, or renting or
hiring of property, whether real or personal, if the court, (or
where it is a jury case), the jury think that, under all the
circumstances, the fair value of the property sold, or the fair
rent or hire of it would be the most just measure of recovery
m the action, either of these principles may be adopted as
the measure of the recovery instead of the express terms of
the contract.

2. Whenever it shall appear that any such contract was
according to the true understanding and agreement of the
parties, to be fulfilled or performed in Confederate States
treasury notes, or was entered into with reference to such
notes as a standard of value, the same shall be liquidated and
settled by reducing the nominal amount due or payable
under such contract in Confederate States treasury notes to
its true value at the time they were respectively made and
entered into, or at such other time as may to the court, or
if it be a jury case, to the jury seem right in the particular
case; and upon the payment of the value so ascertained, the
party bound by such contract shall be forever discharged of
and from the same: provided, that in all cases where actual
payment has been mdde of any sum of such Confederate
States treasury notes, either in full or in part, of the amount
payable under such contract, the party by or for whom the
same was paid, shall have full credit for the nominal amount
so paid, and such payment shall not be reduced.

3. Thrs act shall be in force from its passage.