Page:United States Statutes at Large Volume 18 Part 2a.djvu/90

 INTEREST AND USUBY. 85 the service rendered, for which his cm lo er is i ‘. that he holds the owner responsible, andpthse ownerlb(t'6tlib§{htiildl]dlg],sh:ll $:7-s` 1, v 16, P- be liable for the claim, but not to exceed the amount due from him to the employer at the time of notice, or subsequently which may be recovered in an action. ’ Sec. 710. Whenever any sub-contractor, journeyman, or laborer shall Amount recovreeover any such claim from the owner of the building, the same may be md ¤l¤Y b° ¤ ¤°°· set off by the owner in any_action brought against him by the person "-—..'*°· who otherwise would be entitled to recover the same under the contract. md-» *-2- LIENS UPON PERSONAL PROPERTY POB WORK DONE. Sec. 711. Any person, having possession of the same, who shall make, Lions upon poralter, repair, or bestow any labor on any article of personal property, at ¤<>¤¤l l•¤‘<>P<¤¤'*»¥- the requeslrof the owner or lawful_ possessor thereof, shall have alien on such property so made, altered, or repaired, or upon which labor has 17, s. 12,,v. 11, pl been bestowed, for his just and reasonable charges for the labor he has 378- performcd and the materials he has furnished; and such person may hold and retain possession of the same until such just and reasonable charges shall be paid; but if possession pass from such person by his consent, the lien shall cease. Sec. 712. The provisions of the preceding section shall not interfere 81>¤•=i¤l *8*66* with any special agreement of the parties. ¤¤¤*¤- Ibid., s. 13. CHAPTER TWENTY-ONE INTEREST AKD USURY. soo. ssa 713. Rate of interest allowed. i 716. Recovery, when interest unlawfully 714. Special contracts; limit.taken. 715. Unlawful contracts; forfeiture. 717. Banking laws not changed. Sec. 713. The rate of interest upon judgments or decrees, and upon Rate of interest the loan or forbearance of any money, goods, or things in action, shall continue to be six dollars upon one hundred dollars for one year, and 22 April, 1870, o. after that rate for a greater or less sum, or for a longer or shorter time, 595*- as gh P- 91- except as provided in this chapter. K6,:,;,, 5 $:3* C. C., 385· Burr va. Burch, 5 Crunch, C. C., 506; Bradley va. McKee, 5 Crunch; C. C.,298; Bank of hietropolis va. Moore, 5 Crunch, C. U., 518; Hill ca. Scott, 5 Crunch, C. C., 523. Sec. 714. In all contracts made it shall be lawful for the parties to Src c iu_1 Mnstipulate or agree in writing that the rate of ten per centum per annum, *“‘°"'i l"'““· or any less sum, of interest shall be taken and paid upon every one hun- 22 April, 1870, o. dred dollars of money loaned, or in any manner due and owing from 59»¤·2» Y- 16.r- 91- any person or corporation in the District. Sec. 715. If any person or corporation shall contract to receive a Unlawful pon - greater rate of interest than ten per cent. upon any contract in writing, *”°*·“i f°’*`°'“'“`°- or six per cent. upon any verbal contract, such person or corporation shall Ibid,, ,, s, forfeit the whole of the interest so contracted to be received, and shall be entitled only to recover the principal sum due to such person or corporation. Sec. 716. If any person or corporation within the District shall directly _ Recovery, when or indirectly take or receive any greater amount of interest than is pro- }¤H**°:*k ¤¤l•"· vided for in this chapter, upon any contract or agreement whatever, it .`!L°°1.i. shall be lawful for the person, or his personal representative, or the cor- Ibid., s. 4. poration paying thesame, to sue for and recover all the interest paid upon d°§;3gl°1 °3r:f:£· any such contract or agreement from the person or his personal repre- C_c_,9g, Ohm.,.; sentatives, or from the corporation receiving such unlawful interest ; but Decatur, 4 Crsuon, the suit to recover back such interest shall be brought within one year C. 0., 461. after such unlawful interest shall have been paid or taken.. Sec. 717. Nothing in this chapter shall be construed to change the Banking laws general laws in force in relation to banking associations organized under the provisions of Title LXII, of the Revised Statutes, **NArroNAL ,9*2 é¤¤¤l%l87gi¤· BANKs.” [soo n s. u. s., 94 sm, ms.1 " * " ’v' ’P' ‘