The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-28
TIrE UsURY hill
Pending Before lhe House Of Delegates {
West virginia.


Pending Before the House OF Delegates OF
West Virginia.
A bill 10 amend and re.enact the ninety.
sixth chapter OF the Code Of West Vir.
ginia In relation to money and interest:
Be It enacted by the Legislature Of West
Virginia; that the iitnety.sixth chapter Of
the Code OF West Virginia be amended
and re.enacted so as to read as follows:
Section /. The money Of account Of
this State shall DO tho dollar, cent and
mill, and all accounts In public affairs
shall be so kept
SIC. 9. No writing shall be invalid, nor
the force Of any amount or entry be I'm.
paired, because a sum Of money Is express
cd therein otherwise than In the said
money OF account.
SEC. Q. In any suit for a sum Of money
expressed In any foreign currency or
otherwise than in the money OF account Of
this State the jury, it'tbere be one impan.
eled for any other pGtpose, II not, the
court shall aseOTtaiRthe value in the said
money OF accouDt'of the sum so express.
cd, makinRlSSCh allowance for the dit.
ference OF exchange as shall he just; and
the judgment or decree maYcither be fol
what may DO so ascertaiEsSl, or for the sum
OF money expressed, AS aforesaid, TO be
discharged by the sum so ascertained.
Sec. 8. All contracts and assurances
made directly or indirectly for the loan OF
forbcarance Of money or other things at q
greater rate than Is allowed by law shall
be veid.
Sec. Q. Any defendent may plead in
general terms that tho contract or agree
lnent on which the action is brought was
for the payment OF interest at a greater
rate than isallowed bylaw,to which plea the
plaintitfshall reply generally, but there may
be given In evidence, upon the issue made
up thereon, any matter which could be
given in evidence under a special replica
ton; under the plea aforesaid, the defend
ant may give in evidence any fact showing
or tending to show, that the contract o.
assurance, or other writing upon which
the action was brought, was for an usu
rious consideration.
SIC. Z. Any borrower OF money, or otheI
thing, may exhibit q bill in equity agains
the lender and compel him to discover
on oath, the money or thing really lent
and all bargains, contracts or shifts rela
tive 10 such loan and the interest or con
sideration OF the same; and II II appea,
that more than lawful interest was receiy
ed, the lender shall recover only his prin
cipal money or other thing without inter
est, and pay the costs OF suit.
SIC. s. II any excess beyond the Lawful
interest be paid in any case, the person
paying the same may, in q suit brought
within one year thereafter, recover Il
from the person with whom the contract
was made, or to whom the assurance wa,
given; and it may be so recovered from
the said person Notwithstanding the paw
ment OF the excess DO made to his en-,
,lorser or assignee.
SEC. 4. Legal interest shall be at the
rate OF six dollars upon ono hundred dol
lars for year, and proportionably for Q
greater or less sum, or Tor a longer OF
shorter time, and no person, upon any con
tract, shall take for the loan or iorbearance
OF money or other thing above the value o.
such rate.
SIC. Q. Any Judgment creditor who ap,
prehends that no Is In danger Of loss by
reason OF usurious dealings on the part o.
his debtor, may exhibit his bill in equity
verified by affidavit against the party with
whom tho dealings we're had, and compel
him to discover, on oath all bargains, con,
traCts or shifts relative to such dealings;
and il it appear that more than legal in.
terest has been received, the excess above
that rate, or so much thereof as may be
necessary, shall be applied to the satisiac.
ton Of the Northumberland. Such bill
| shall he fled within five wears after the
receipt ofthe illegal interest.
SEC. 10. Upon bill, requiring no dis
covcry Of the defendant, but praying an
injunction to prevent tho sale OF property
conveyed to secure the payment Of a sun
Of money or other thing borrowed a
usurious interest, the Court shall cause ar
issue TO be made and tried at It's bur by {
jury to try whether or no the TRANSACTION
DO usuriouS, On tho trial OF such issue
neither the bill nor the answer shall b
given in evidence. II the jury find the
transaction usurious, then the same RELIEF
shall be given, rs II the party claiming un
der tho conveyance had resortol To the
Court to make his claim available. Butth
Court may grant now trialsasin other cases
SEC. II. liza person take, for the loan Of
forbearanCo Of money or other thing, in
terost at q greater rate than is allowed By
law, lie shall forfeit double the value d
such money or other thing, and the In
former shall have ono.hall OF what Is sc
forfeited: PWri,lcd, that the provisions O
this act shall not extend to any 'contrac
for the loan or forbearanCe Of none,
made before this act takes effect,