The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-05-11

| Provided, however, That this shall not
| apply to a bona hde sudorsee or
| transferee of negotiable paper pur-
| chased before maturity, unless the
usuriOus character should appear up
on its face, or that the said endorsee
| or transferee shall have had actual
notice of the same before the pur-
chase of such paper; but in such
event double the amount Of such usur-
| iOus interest may be recovered after
payment by action against the party
originally eXacting the same. in any
court of competent jurisdiction in
this state.
Section f. This act shall not be so
construed as &c prevent provision for
the payment of such attorneys Gees
as the court may determine in cases
brought before the court 70 be req
sonable and just for legal services
rendered in enforcing nOn-usurious
contracts, either at law Or in equity.
Provided, That no attorneys fee shall
De- allowed in any court of a Justice
OF the peace for a sum exceeding
five dollars.
Section D Any person. association
OF persons, firm or corporation. or the
agent, officer or other representative
o. any person, association of per
sons, firm or cOrpOratian lending
money ~ t1iS state, who shall Wi
Iuily charge or accept any sum OF
money greater than the sum of m5uey
loaned, and an additional sum D:
Z CHey equal to twenty-five per Ger
tTm per annUm upon the PRINCIPAL
slim loaned, by any contract. c0nt.I-
.d7ce or device Whatever. directly Or
indirectly, by way of commissions.
discounts, exchange, interest. pre-
tended sale of any article. inspectiOn
fees. or other fees, or for fOrbeariu-
% enforce the collection of such
moneys or otherwise. snail forfeit the
entire sum both of principal and inter-
est, TO the party charged such usur.
lOus interest, and shall DC deemed
guilty OF a misdemeanor, and on con
viction be fined not more than one
hundred dollars, or be imprisoned IN.
the county jail not more than ninety
days, or both, in the discretion o. the
court
Section O. Every person. association
OF persons, firm or corporation. or the
agent, oflcer. or other representative
OF any person, association of Der-
sons, firm or corporation, lending
money in this. state upon security.
SHALL whenever tIe borrower of sucn
money makes payment of any money.
dlately upon such payment being
made, give to said borrower a receipt
dated of the date of such payment.
which shall state the amount paid
and for what such payment is made.
IT such payment is for interest on
the sum borrowed. the receipt shall
state for how long sucl interest is
paid. II the sum so paid is to be ap- |
phed 10 the payment of the principal |
sum borrowed, the receipt shall SO |
state All such receipts shall be duly |
and properly signed by the person, !
association of persons. firm or corpo-
ration, or the agent, officer or other |
representative of the person. associa-
tlon o. persons, firm or corporation
to whom such money is paid. Upon
the wilful failure, neglect or refusal |
TO comply with the requirements of |
fniS section, the entire interest upou
said principal sum shall be forfeited
to the borrower.
Section Z. That it shall be the ,Iutv
or every mortgage accepting a mort
gage as security for the repayment |
Of loan of money. to cause TO be
stated in such mortgage separately
and distinctly, the several amounts
secured as principal. interest and
fees. and any MORTGAGE wiIfully VIC
latiDg the provisions Of this section
shall forfeit all interest and fees Sc
cured by such mortgage and be en-
titled to recover only the principal
sum.
Section s. All laws and parts OF
laws In conflict with this act be and
the same are hereby repealed