The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-09

section 4 of this act.
Section 4. This act shall not be SO
construed as to prevent provision for
the payment o. such attorneys fees
as the court may determine in cases
brought before the court to be reason
able and Just for legal services render
ed in enforcing non-usurious con-
tracts, either at law or in equity;
Provided that no attorneys fee shall
be allowed in any court OF a justice
of the peace for a sum exceeding five
dollars; provided, further, that this
act shall not be construed so as to
prohibit mortgages from contracting
for or collecting premiums for insur-
ance actually issued on the property
mortgaged, with the usual loss pay
able or mortgage clause attached
thereto.
Section s. Any person, association
CT persons, firm or corporation, or the
agent, officer or other representative
o. any person, association OF persons
firm or corporation lending money in
this state, who shall wiltully anu
knowingly charge or accept any sum
of money greater than the sum OF
money loaned and an additional sum
of money equal to % per cent
UNI per annum upon the princlpal
sum loaned, by any contract, contriV-
ance or device whatever, directly or
Indirectly, by way OF commissions
discount, exchange, interest, pretend
ed sale of any article, assignment or
salary or wages, inspection ices OF
other fees, or otherwise, or for Tor
bearing to enforce the collection OF
such moneys or otherwise, shall for
felt the entire sum, both of principal
and interest, to the party charged
such usurious interest, and shall be
deemed guilty of a misdemeanor, and
on conviction be fined not more than
one hundred dollars, or be tmprison-
ed ii the county Jail not more than
ninety days, or both, in the discretion
of the court.
Section 6. Every person. a5Socla-
ton of persons, firm or corporation, or
the agent, officer or other representa-
tive % any person, association OF per
sens, firm or corporation, lending
money in this state upon security
shall, whenever the borrower of such
money makes payment of any money,
either principal or interest, immediate
Iy upon such payment being made,
give to said borrower a receipt, dat
ed OF the date of such payment, which
receipt snail state the amount paid,
and Ger what such payment Is male.
Tf such payment is for interest on
the sum borrowed, the receipt shall so
state If the sum so paid is to be ap-
Piled to. the payment of the principal
sum borrowed, the receipt shall so
state. All such receipts snail be duly
and properly signed by the person, as
sociation of persons, firm or corpora
ton, or the agent, officer or other
representative of the person, associa-
ton Of persons, firm or corporation
to whom such money is paid. Who
ever refuses upon demand to give a
re ceipt complying with the require
mepts of this section shall forfeit the
entire interest upon said principal
sum to the borrower
Section z. That it shall be the duty
OF every mortgage accepting a mort
gage on personal property as security
FOR the repayment of a loan of money
less than one hundred dollars TO
cause to be stated in such mortgage
separately and distinctly, the several
amounts secured as principal, inter
est and fees, and any MORTGAGE will
fully violating the provisions of THIS
section shall forfeit all interest and
fees secured by such mortgage, and
he entitled to recover only the prlnci-
PAL sum.
Section g. The provisions Of sec
tons and of this act shall not ap-
ply to chartered banks, state or ma
tional, or to trust companies.
Section 8. All laws and parts of
laws in conflict with this act be and
Bae.. same are hereby repealed.