Page:United States Statutes at Large Volume 31.djvu/1429

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1377 her husband which shall remain after payment of his just debts and claims against him, and no more.S. Sec. 1174. DEVISE or BDTH_ REALTY AND -1·ERsoNAL·rY.—If the will Qfvisevfbgrb really of the husband devise and bequeath a part of both real and personal °° pmma °*‘ estate to the wife, she shall renounce the whole er be otherwise barred of her right to both real and personal estate. ‘ Sec. 1175. DEVISE OF EITHER REALTY OR PERSONALTY.—If the will rcgiygg pggsgrjigvcr devise only a part of the real estate or bequeath only a part of the er- _ " sonal estate, the devise or bequest shall bar her of only the real) or personal estate, as the case may require: P7‘O’U‘?;(Z€d, never;/wZe.s·s,` That _{Q'gQ8‘;éSS,`, in mu if the devise of either real or personal estate, or of both, shall be or her lggulsharactc. expressly in lieu of her legal share of one or both she shall accord- . in ly be barred, unless she renounce as aforesaid. _ @EC. 1176. WHEN N6THING PASSED BY THE nEvIsE.——If, in effect, p,QQSg},°g;,,‘g§g§;,;§,$ nothing shall pass by such devise she shall not be thereby .barred, whether she shall or shall not renounce as aforesaid, it bein the intent hereof that a widow accepting or abiding by a devise in Ecu of 'her legal right shall be considered a purchaser with a fair consideration. Sec. 1177. HUSBAND LIABLE ron WIFE’S ACTS IN CERTAIN CASES.-é- W§€‘?gbjé§,Q§“§;§,,j§g Nothing in this chapter shall be construed to relieve the husband from cases. liability for the debts, contracts, or engagements which the wife may incur or enter into upon the credit of her Lusband, or as his agent, or for necessaries for herself or for his or their children; but as to all such cases his liability shall be or continue as at common law. CHAPIER THIRTY-FOUR. AND  Interest and usury. Sec. 1178. RATE OF INTEREsT.—The rate of interest in the District Rm 0* i¤¤¢¤‘¤¤¢- upon the loan or forbearance of any money, goods, or things in action, _ and the rate to be allowed in judgments and decrees, in the absence of express contract as to such rate of interest, shall be six dollars upon one hundred dollars for one year, and at that rate for a greater or ess sum or for a longer or shorter time. ‘ Sec. 1179. EXPRESS G01~frRAGTs.—'I`he parties to a bond, bill, prom- EXp‘°Ss°°““"°‘“· issory note, or other instrument of writing for the payment of money at any future time may contract therein for the payment of interest on the principal amount thereof at any rate not exceeding ten per centum per annum. · Sec. 1180. WHAT IS UsURY.——If any person or corporation shall W¤¤¢i¤¤¤¤¤Y- contract in the District, verbally, to pay a greater rate of interest than six per centum per annum, or shall contract, in ’writing, to pay a reater rate than ten per. centum per annum, such contract shall be geemed usurious,and shall be void as to the excess of said interest above the rate of six per centum per annum, as aforesaid, and the creditor to whom the principal debt is due shall only be entitled to recover said principal debt with, interest thereon at the rate of six per centum per annum. But no person, being a party to any contract for such unlawful interest, shall be liable to any penalty or forfeiture or criminal prosecution in consequence thereof. Sec. 1181. ACTION T0 RECOVER USURY 1>AID.———If any person or cor- mfjgiggidw mover poration in the District shall directly or indirectly take or receive any ` greater amount of interest than is herein declared to be lawful, whether 1n advance or not, the person or corporation paying the same shall be entitled to sue for and recover the amountof the unlawful interest so paid from the person or corporation receiving the same, provided said suit be begun within one year from the date of such payment. VOL xxxr-——87_