Page:United States Statutes at Large Volume 31.djvu/585

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900., 533 and after deducting all the lawful charges of the finder as aforesaid, and the fees of the marshal or deputy marshal, which shall be the same as upcgn a sale on an execution, the remaining proceeds of such sale shall deposited with the clerk of the district court; and if the owner of the propertg sold, or his legal representatives, shall not, within one year after e money shall have been so deposited with the clerk of. the district court, furnish satisfactoi * evidence to the district judge of the ownership of such propert the amount so deposited wit the clerk of thedistrict court shall ge paid into the Treasury of the United Sgtes. ·h H k ‘ P It f I 1 EG. 254. any persons a take u, ee , or use any estra with- °""‘ ." °' '°‘“' out complying with the provisions of Ilzhis dbde he shall be liable to a mg mm pmmm penalty of double the value of such estra , to be sued for and recovered in the district court at the suit of tllye United States; and it is herebymade the duty of the district attorney to prosecute an action against such offender for the violation of the provisions of this code w en the same shall be within his personal knowledge -or when complaint in writing, under oath, be filed with him alleging the violation of this code. CHAPTER TWENTY-: EVEN. or rN*rEEEs·r AND UsU1zY. ggc. f Sec. N 5. i rate o interest. 260. Iort or and mort e ma r a ‘ 256.  interest not to be taken. j whldi shall pay gig, whdn.gme 257. May recover usurious interest paid. 261. Assessment, howmade in such cases. 258. Illegal interest, contract for. 259. Assignee of usurious contract may ’ recover amount paid for same. Sec. 255. The rate of interest in the district shall be eight. per {mal me of intercentum per annum, and no more, on all moneys after the same become °s‘ due; on judgments and decrees for the payment of money; on money received to the use of another and retained beyond a reasonable time without the owner’s consent, expressed or implied, or on money due _upon the settlement of matured accounts from the day the balance is ascertained; on money due or to become due where there is a contract to pay interest and no rate specified. But on contracts interest at the rate of twelve dper centum maydbe charged by express agreement of the parties, an no more. Sec. 256. No person shall, directly or indirectly, receive in money, Illegal interest me goods, oijathings in action, or in any other manner, any greater sum “’b° *“k°“‘ or value  the loan or use of money, or upon contract founded upon any bargain, sale, or loan of wares, merchandise, goods, chattels, lands, and tenements, than in this chapter prescribed. Sec. 257. If usurious interest, as defined by the preceding sections, Myst r<=q_<:v¤r(j¤¤¤¤¤· shall hereafter be received or collected the person or persons paying °°° ° °r° Pm ' the same, or their legal representatives, may, by action brought in any court of competent jurisdiction, within two years after suc paly- ment, recover from the person, firm, or corporation receiving the same double the amount of the interest so received or collected. · Sec. 258. If it shall xéascertained in any action brought on any Il1e;.·¤1i¤wres¤.c<»¤· contract that a rate of i rest has been contracted for reater than is "°’°° °”‘ authorized by this chapter, either directly or indirecgy, in money, property, or other valuable thing, or that any gift or donation of money, property, or other valuab e thing has been made or promised to be made to a lender or creditor, or to any person for him, directly or indirectly, either b the borrower or debtor, or an person for him, the design of which is to obtain for money so loaned? or for debts due or to become due, a rate of interest reater than that specitied by the provisions of this chapter, the same shall be deemed to be usurious