Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1847-01-23
INTEREST BILL.

The following is the Bill regulating Ii.
terest, as passed by both Hodsess of the
Missouri Iegislature--to take effect after.
the 4ih day of July next
Be 1t enacted by The General Assembly Of
the State Of Missouri, as follo,os: y. f1c u
I. Creditors shalt be allowed to re-
per annum. for all moneys after they be-
come due, by an instrument of the debtor
in writing, for money lent, or money due
on settlement of accounts, from the day of
|liquidating the same and ascertaining the
balance, for money recovered for the use of
another, and obtaining without the owners
knowledge of the receipt, for money due
and withheld for Unreasonable and vexa-
tious delay of payment on settlements of
accounts, and for all other money due, or to
become due for the forbcarance of pay
meni whereof an express promise TO pay
interest has been made.
2. Interest shall be allowed on all
money due by judgement at law or decree
in equity, from the day Of rendering them
until satisfaction be made by payment, ac-
cord and satisfaction, or sale of property
according to the rates specified in the pre-
ceding section. ....-.
8. No person shall, directly or Indirect
ly, take for the use or loan of money, or
other commodity, above the rate Of inter-
est specified in the first section of this act,
for the forbeanance or use of 500, or the
value thereof for one year, and so after
those rates for a greater or less sum, or for
longer or shorter time. LIZ, ....'
5 4. If any suit shall hereafter be COM
menced upon any bond, note, mortgage,
speciality, agreement, contract, promise or
assurance whatever, which shall be made
within this State, the defendant may, under
the general issue, or if it be an action upon
a speciality, then under the plea of mon est
factum" show that a higher or greater rate
of interest than six per cent. per annum
was therein or thereby agreed for, or reeei
we'd or taken: and if the plea of the defen.
dant to any such suit shall be sustained by
the verdict Of jury, or the finding Of the
court, the court shall render; Judgment on
such verdict or finding for the real sum of
money or price of the commodity actually
lent, advanced or sold, after deducting from
the real sum of money or price of the com.
modify, as aforesaid, the amount of inter-
est contracted OF agreed for, received or
taken, over and above the interest, at the
rate of six per cent. per annum, and shall
render Judgment for interest on the real
sum of money or price Of the commodity
as aforesaid. after making the deduction as
aforesaid, at the rate Of six per cent. per
annum, upon which judgment the court
shall cause an order to be made, setting
apart the whole interest for the use of the
county, in which said suit may be brought.
for the, use of the Common Schools. and
the same. when collected, shall be paid over
accordingly. and go to and form part of
the Common School fund of said county,
and the defendant may recover his costs.
IS. Any person who shall agree to re-
ceive or take any higher or greater rate Of
interest than is specified in the act, shall
forfeit and pay to the county, for the use
Of Common Schools, the whole interest
agreed to be received or taken. to be recov.
l'ered before any Justice of the Peace or
Circuit Court having Jurisdiction as in an
ordinary action Of debt, upon information
of any citizen of the county; and the same
when collected. shall be paid over to the
proper officer Of the county in which such
action is brought and to go to and form
part of the Common School fund of that
county. F''
5 g. This act shall not be go construed as
to effect any contract relative to the Com.
mon School fund, hereafter made under the
provisions of an act, entitled "An Act to
provide for the organization, support, and
government of Common Schools" approx.
ed March 9th, 1915. But said School
fund may be loaned at any rate of interest
not exceeding ten per cent. per annum.
| ~. All acts and parts of acts which are
contrary to the provisions Of this act are
hereby repealed. " .. f..f ~.
This act to take effect and be in force
from and after the 4th day of July next.
Vote in the Senate on its final passage:
AYEs--Bean, Chiles, Ellison. Fonrnoy Gate.
wood, Hancock, Hudspelh, Jones of franklin,
Jones of Newton, Nickel, Norris, Owens, Polk,
Price, Priest, Rawlns OF Howard Stewart
Noes -Abernahy, Burns, Calhoun. Campbell,
King. Long, Lucas, Maughas. Miller Bryan,
Rollins of Boone, Shields, Wells White, vii.
ams, Wyait--16. ~. ~.
We published the vote in the House last week
THE TRIAL or THE VAN Ness CASE al
Washington has al last been brought to an
end. The case went off on the law points
raised before the Court, and not on the
merits, if we may Judge from the opinion
of the jury, as afterwards expressed The
correspondent of the Baltimore Sun fur
nislles the following dialogue between the
Court and an obstinate Juror in the case:
Mr.. EAsBY--I would ask, as the court has
instructed the jury that they must find for the
defendant be would like to know how the yer.