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

nrm or corporation. or any agent officer. OF other
Representatives 81 any person. association Of per-
sons, hrm or cooperation wiiluiy violating the
progasion8 OF section a Of this Act shall forfeit the
eniira interest 80 charged. or contracted 90 be
charged or reserved. and only the actual principal
sum q such ususious contract can be enforced IN
any Court IN this State. either az Law IN equity.
and when said usurious interest Is taken or re
served. or has been paid then and in that event
the person. associAtion OF persona firm OF corpora
either directly or Indirectly. such usurious inter
est. shall forfeit 90 the party from whom such
usurious interest has been reserved taken or ex-
acted IN any way. double the amount Of interest
reserved. taken or ENACTED: Provided, however
That this shall not apply % bona tide sndorsee
OF trAnseree q neeotiable paper purchased before
appear upon its face. OF that the said Endorse
transzeree shall have had actual notice Of the
same before the purchase OF such paper. but IN
such event double the amount Of such usurious
interest may be recovered after payment. by
action against the party originally sxaeting the
sams, m any Court o. competent jurisdiction N
vided in Section Z. OF this Act
Sec. 4. This Act shall not be 20 construed as to
Up sSs SS Se sy % .en
brought before the Court 10 be reasonable and
Just Tor legal services rendered in enforcing non
Provsdsd. That no attorney fee shSil be allowed
In any court OF Justice OF the Peace Tor sum
excceding ave dollars. ProYded. further. That
this Act shall not be CONSTRUED 80 rs 10 prohibit
mortgages from contracting for collecting pre-
Tniurs Tor insurance actually issued on the Prop
srty mortgagcd. with the usual loss payable or
mortgage clause attached thereto.
Sec. >. Any person. asscclation OF per-
sons. firm or corporation, Or the agent.
officer or Other representatives OF any per-
son. asscciatlon Of persons nrn OF co,Pcr ora,
fully and knowingly charge or accept any sum
81 money greater than the sum Of money loaned.
and an additional suia Of nsoney equal 20 t~cnty-
eipai sum loaned. by any contract. con-
tnvanee or device whatever. directly OF
soaas .s:A. ny interest. Dssass sSis Of ny
article. assignment Of salary wages inspection
ices or other fees or otherwise. or for fcrbearns
% enforce tia collection Of such Moneys OF other
wise, shall forfeif the entire sum. both she prin
cipai and interest % The party charged such usu-
fscus interest. and shall be deemed guilty Of mis-
than one hundred dolars. OF be imprisoned IN tina
county jail not more than ninety days. both. IN
the discrrtion OF the Court.
Sod. 9. Every person, association OF persons
hrm or corporation. or the agent, officer. or othei
rspresentative Of any rerson. associatioa ot per
ssa.. upou y sssSrsy sSs Whenever me so&roSs
either principal oTiassrsst, Immediately 1oon such
ssipt dated q the das :, q such payment. which
receipt shall state the amount paid and sor wha
such payment u made. II such payment is TO
state. n the sum 20 paid Is 20 be Applied 20 tn
esymeas 81 the prineipai sam borrowed. INC e
eetpe shall % stats; AL such reeeipts hall b
einn OF persons. firm or corporation. or the agent
officer OF other representative Of the perapn. assn
citation Of persons, firm or corporation % WHOM
such money u paid. Whoever refuses, upon ee
mand. 90 give reesipt eomplynx With tbs re
qairements Of this section shall forfeit the cntir
&Dterust upon said principal sum to the borrower
Soc. y. That Il shall be the duty Of every mort
Eagee accepting mortgage on personal property
o. security Tor the repayment o( n loan ot mOnel
lesa than one hunded collars 70 cAase 10 he state,
In such mortgage. separately AMI distinctly. tn
several amounts seeurot ~ prsneiDal interest am
fees and any mortgage Ntlfuliy violating In
provisions Of this Secti0n shall forfeit all inteses
and fees secured by such mortgARe. and he en-
titled 30 recover only the principal sum.
Sec. q. The provisions Of Sections and o
this Act shali not apply 10 chartered banks. stat
o. National. or 10 trust companies.
Soc. 9. All laws and parts OF laws in conhie
with this Act Re. and the are hereby. re
pealed.
Approved June 70. 1919