Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1859-04-01

CONGRESSIONAL ELEcTIoNs. Elections
for members of Congress arc to be held
in the course of this year as follows:-
Connecticut and Rhode Island elect early
in April; in Virginia on the fourth
Thursday of May; on the first Monday
of August in Alabama, Kentucky, and
Texas; on first Thursday of August in
Tennessee; on second Thursday of Au-
gust in North Carolina; on first Monday
of October in Georgia and Mississippi;
on second Tuesday of October in Mime
sofa; on first Monday Of October in
Louisiana; and on first Wednesday Of
November in Maryland.
THE UsURY LAWS or MARYLAND The
Court of Appeals of Maryland has re-
Gently made an important decision in
relation to the usury laws of the State
In the case of Dill as Elicott. the Uni
ted States District Court for Maryland
decided that if the usury was proved the
whole debt was forfeited. Ia a similar
case, that Of Banded Is. Isaac, Judge
Marshall, Of the Court Of Common Pleas
made a contrary decision, he holding
that usury only worked forfeiture of
the amount of interest usuriously CHARGED
On this an appeal was taken, and the
Court Of Appeals sustans Judge Mar
shall, on these grounds:
-. We hold that the 10th section of
the 81 article Of the Constitution does
net, Of itself, make void in whole con-
tract demanding Or exacting more than
six per cent. 1t merely fixes the legal
rate of interest.
"2. That it is for the Legislature, by
torfeitures and penalties, to make the
contract void, either in whole or in part,
as to it may seem best, and, by penalties,
punish the party or parties making such
a contract.
80. That until the Legislature shall,
"by lar, provide the necessary forfeit
ures and penalties the act Of 1915, Oh.
352, remains il force.
d" We hold the act of 1915, with the
exception Of its 9Th and 9th sections, to
be nothing more than an act relating to
the ren'edy-that is to say, it prescribes
the mode IN which the party seeking to
avoid any part of a contract, on the
ground Of usury, shall bring such de-
fence TO the notice Of the court. Until
he does bring such defence to the notice
Of the court, in legal contemplation, it
has no existence. If, however. it should
be deemed eXpedient to adopt any other
mode, it is for the Legislature to pro-
vide it.
From these it follows that the iudg-
ment Of the Court of Common Pleas
must be affirmed, until the Legislature
shall otherwise order, an action may be
maintained on contract on which was
demanded or taken more than six per
cent. interest: aud if the defendant de-
sires to rid himself of liability for the
excess beyond the six per cent. he must
specially plead and set out what is actu-
ally and fairly due on the contract: un-
less he does 50 be will be responsible TO
the extent Of the face Of the contract"
A NEW DEPoT or TIE UNDgRGnorNp
RAILRoAD.--An Association composed Of
the colored people Of Canada West, the
object Of which is to erect depot at
Sandwich, for the reception of passcn-
gers over the Underground Railroad from
the slave States, and the more efficiently
to aid those who prefer freedom to slave
~ in their efforts to reach Canada. has
been formed The association. which is
to be called the Agricultural, Mechani-
cal and Educational Association Of Cana
da Vest" is composed principally s,f
those who, for several years, have been
conductors and depot agents Of the I'm
foreground Railroad.
They have procured at Sandwich thirty
acres Of ground, on which they desire to
build houses for the use Of those lust
arrived from slavery, until they can pro-
cure employment. They have also open
ed free school for their benefit, which
Is now in prosperous operation. Lewis
Clark, the George Harris" Of Uncle
Toms Cabin, is one Of the general and
travelling agents Of this Association. -
Dctroi Adrertiscr.
RI The Havana correspondent Of
the Savannah Republican SAYS that a
cargo Of Africans, nine hundred and
eighty in number had hecn cartured Is,