The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-13
HOUSE MIL 20. 10.

chapter OF tic Cole OF West Virginia in
relation TO money and interest.
BE il enacted By The Legisdtnre'of IFca FIR
giaia, That the Goth chapter oil the Code
Of West Virginia be amended and re-.
enacted so US 10 read as follows:
SIC. !. The money Of account OF this
State shall be the dollar, cont and mill,
all accounts In public alIuirs shall be 50
kept.
SIC. .. No writing shall he invalid, nor
the force OF any amount or entry be i'm
paired, because a sum Of money isexpress-
ed therein otherwise than, in tho said
money Of account.
SIC. >. In any suit for n sum OF money
expressed in any foreign currency or other.
wise than in the money Of account OF this
State the jury, if there be one impaneletl
for any other purpose, aud II not, the
court shall ascertain the value in the said
money OF account OF the sumsO expressed,
making such allowance for tho difference
Of exchange US shall be Just; and tho
judgment or decree may either DO for what
may be so ascertNined, or for the sum OF
money expressed as aforesaid TO he dis.
charged by the sum 50. ascertaincd.
SIC. 1. Legal interest shall be atthe rate
OF six dollars upon one hundred dollars
for year, and proportlonably for great.
or or q less sum, or for longer or shorter
time, and no person, upon any contract,
shall take for the loan or forbearance OF
money or other things above the value OF
such rate.
SIC. 8. All contracts aud ASSURANCES
made directly or indirectly for the loan or
lorbearance OF money or other thing at a
greater rate than is allowed by law shall
be void rs to the interest agreed 10 DO paid
and no further.
SEC. Q. Any defendant may plead in gon.
eral terms that tho contract or agreement
on which the action is brought was for the
payment OF interest at a greater ratio than
Ia allowed by law, 10 which plea the plain.
tilt shall reply generally, but may give in
evidence, upon the issue made up thereon,
any matter which could be given in eyi.
dence undera special replication; under
tho plea aforesaid, the defendant may give
III evidence any fact showing, or tending
to show, that the contract or assurance, or
other writingupon which the action was
brought, was for an usurious Considera.
ton.
SIC. I. ANY borrower OF money, or
other thing, may exhibit q bill in equity
against the lender and compel him to dis.
cover, on oath, the money or thing really
lent, and all bargains, contracts or shifts
relative to such loan and the interest or
consideration Of the same; and II it nm.
pear that more than lawful interest was re-
served, the lender shall recover only his
principal money or other thing without
interest, and pay the costs OF suit.
SIC. 4. II any EXCESS beyond the lawful
interest DO paid in any case, the person
paying tho same may, in o suit brought
within one year thereafter, recover II from
the person with whom the contract was
made, or TO whom the assurance was
given; and it may DO so recovered from
tho said person notwithstanding the pay
ment OF the excess be made to his cndor.
ser or assignee,
SIC. 0. Any Judgment creditor who an.
prehends that he is in danger OF loss 6y
reason OF usurious dealings on the part Of
his debtor, may exhibit his bill Of eduilv.
verified by affidavit against tho party with
whom tue dealings were had, and compel
him to discover, on oath, all bargains, con-.
trlcis or shifts relative 10 such dealings;
aud il II appear that more than legal In.
Lerest has been received, the same shall
bo applied to the satisfaction OF the plain.
tilI-s demand, Such bill shall be filed
within five years after tho receipt of the
Illegal Interest.
Sic, 10: Upon n bill, requiring no dis.
covery Of the defendant, but praying an
injunction to prevent tho sale Of nronertv
conveyed to secure the payment 81 d sum
81 money or other thing borrowed nj usu.
rious interest, tho Court shall cause nm
sslle to he made and tried at It's bar liz a
Jury to try whether or not tho transaction
DO usutious; on the trial OF such isSue.
neither the bill nor the answer shall be
given in evidence. II the Jury find The
nnsaction Usurious, then the same relief
shall be given, as il the party claiming
Under the conveyance had resorted 10 the
Court to make his claim available. But
he Court may grant new trials as in other
:ascS.
SEE. II. ANY person owing any such
lcbt or liability may tender the owner
lnfNOf the nFiNNtnaI sum tlnn anil 70 sof.1 |