Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-07-29
Page Eight

arm or corporation. OF any AGENT. officer. OF other
representative OF any pcrson, associaiapn 81 PR
provs,ons OF section OF this Aes shaI forfeit the
entire interest 10 changed or CONTRACTED 20 be
charged or reserved. and only the actual principal
sum Of such usurious contract can he enforced m
any Court m tins State. either az law o. equity,
and when said usurlous interest 10 taken or re
served. or has bern pad then and On that event
ton Who has taken or reserved, or has been paid.
either directly indirectly, such usurous inter
est. shall forfeit 70 the party from whom such
usuricus intcfes, has been reserved. taken or en-.
acted IN any gay double the amount OF interest -
reserved. taken or enacted. Provided, hove
That this shall not apply % bona hde sndOrsee
maturity. unlsss the usurous character should
appear upon its face OF that the said endorse OF
transferce shall have had actual notice OF the
same before the purchase OF such paper but an
such event Double the amount Of such usurioBs
interest may be recovered after payment. by
action against the party originally ekaeting the
sane. in any Court OF c0mpetent jurisdiction m
this STATE together With an attorneys fee as BRO
vided IN Section 4, OF this Act.
Sec. q. This Act shall not be 20 construed a. 10
prevent provision for the payment OF such attor-
ney's fees as the Court may determine N eases
brought before the Court 20 be reasonable and
just tor legal services rendered. IN enforcing non
usurlous contracts. either at Law OF IN equity:
Provided. That no attorneys Zee shall be allowed
IN any court Of Justice Ot the Peace Tor sum
excceding I'VE dollars. Provided further. That
mortgages from contracting for or collecting pre-
NUNS for insurance actually issued on the prop
srty naortgased. With nc Usual, usual loss payable or
Sec. 3. Any person, ASsccistson OF per"
sons. frn or corporation, or che agent.
Officer or other representatives Of any per
ton lendias money in this State who shall wi
fuy and Knowingly charge or accept anv sum
az money greater than the st,sn Of money loaned.
i've psr csntum per annum uoon the pri;i-
eipAl sum loaned. by any eontraet. oon-
trivance or device whatever. directly or
count. exchange. interest. pretended sale Of any
article assignment Of salary or wages. inspection
ices or other fses or otherwise. OF tor torsArins
% enforce the coilectiou Of sIich moneys other
wise, skall forfeit the entire sum. both the prin
cipal and interest. 90 the party charged such usu
rous interest. and shall be deesn1d guilty Of mis-
than one hundred dollars. or I've impstsoned IN the
county iasl not more than ninety days. OF both. IN
che discretion Of the Court.
Sec. q. Every perSon, association OF persons.
firm corporation. OF the agent. ofheeg. OF other
representative OF any rerson. associatior nf per
STATE upoa security hail. shsnsves ths borrower
either principal orintsTest. tmnsdiAtsly 1pOn such
ssos eassS q he ssss q such ssS%sS, wseh
receipt saAn state the amount PAID and sOr what
such paymest Is male. II such payment is for
state. II the sum paid q % be applied 10 the
esirt shall 30 stats. All such Feoeipas shall be
duly and properly signed by the person, Associa-
ton Of persons. 6rm or corporRtso0 or he aaeGt.
ocer or other representative o. the person. aaso-
citation Of oers0ns. Arm or corporation N whom
such money 10 paid Whoever refuses. upon de-
mand. % give . receipt complying With the 70
Quirements Of this Section shall iuSfeie the entire
Interest upoa said pFincipai sum to the borrower
Sec. y. That u shaIi be tho duty Of every mort
gagee Accepting mortgages on pefponal property
as security Cor the repayment II . ican o. money
less than one hunded collars 10 20 he stated
i'm nzch mortgage. separately and distinctly. the
several AMOUNTS secura3 ~ prncipal interest," and
fees, and any mortgages Ntfully violating the
pruyisiona OF this SECTION shall forfeit AL interest
and fees secured by ssch mortgase and he en-
tftled % recover only the VriRcsral sam-
500. q. The provisions 81 sections and oi
this Act shall not apply 20 chartered banks State
o. National. or 20 trust companies,
Sec. y. An laws and parts OF laws IN coaAics
With this Act he. ard the are hereby re-
pcaAed
Approved June %. IS9S