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CHAPTER XXXIV.

INTEREST AND USURY.

Sec.1321; Cooper v. Trust Co., 37 L.

195 U. S., 322.

Sec. 1178. RATE OF INTEREST.—The rate of interest in R., 392; 33 D. c. the District upon the loan or forbearance of any money, c. App., 207; 18 goods, or things in action, and the rate to be allowed in Bo... Appar, 393judgments and decrees, in the absence of express contract 1 D. c. App., 20; as to such rate of interest, shall be six dollars upon one

hundred dollars for one year, and at that rate for a greater or less sum or for a longer or shorter time.

Sec. 1179. EXPRESS CONTRACTS.--The parties to bond, bill, promissory note, or other instrument of writing for the payment of money at any future time may contract therein for the payment of interest on the principal amount thereof at any rate not exceeding ten per centum

per annum. Ib.; R.S.D.C., Sec. 1180. WHAT IS USURY.-If any person or corporaSlocum, 30 D. ©: tion shall contract in the District, verbally, to pay a

greater rate of interest than six per centum per annum, App., 538

; 7D.C. or shall contract, in writing, to pay a greater rate than six App., 167.

per centum per annum, the creditor shall forfeit the whole of the interest so contracted to be received: Provided, That nothing in this chapter contained shall te held to repeal or affect the Act of Congress approved March second, eighteen hundred and eighty-nine, relating to pawnbrokers.--Act of June 30, 1902 (32 Stat., Part I,

714;

Brown

0.

App., 576; 31 D.C.
App., 434; 29 D.C.

p. 542).

(Repealed.) [Sec. 1180. WHAT IS USURY.-If any person or corporation shall contract in the District, verbally, to pay a greater rate of interest than six per centum per annum, or shall contract, in writing, to pay a greater rate than ten per centum per annum, such contract shall be deemed usurious, and shall be void as to the excess of said interest above the rate of six per centum per annum, as aforesaid, and the creditor to whom the principal debt is due shall only be entitled to recover said principal debt with interest thereon at the rate of six per centum per annum. But no person, being a party to any contract for such unlawful interest, shall be liable to any penalty or forfeiture or criminal prosecucution in consequence thereof.]

Sec. 1181. ACTION TO RECOVER USURY PAID.-If any cum, 30 D. C. App., 579; 31 D.C. person or corporation in the District shall directly or indiApp:, 438; 7 D.C: rectly take or receive any greater amount of interest than APP., 791;18D.C. is herein declared to be lawful, whether in advance or not, App, 293; R. D. C., 715. the person or corporation paying the same shall be en

titled to sue for and recover the amount of the unlawful interest so paid from the person or corporation receiving the same, provided said suit be begun within one year

from the date of such payment.

Brown v. Slo

sec. 1180.

Sec. 1182. UNLAWFUL INTEREST TO BE CREDITED.-In King . Curtin, any action brought upon any contract for the payment of 30 D.C. App., 576. money with interest at a rate forbidden by law, as aforesaid, any payments of interest that may have been made on account of said contract shall be deemed and taken to to be payments made on account of the principal debt, and judgment shall be rendered for no more than the balance found due after deducting and properly crediting the interest so paid; but no bona fide indorsee of negotiable paper purchased before due shall be affected by any usury exacted by any former holder of said paper unless he had notice of the usury before his purchase. — Act of June 30, 1902 (32 Stat., Part 1, p. 542.)

(Repealed.) [Sec. 1182. UNLAWFUL INTEREST TO BE CREDITED.-In any action brought upon any contract for the payment of money with interest at at a rate forbidden by law, as aforesaid, any payments of interest that may have been made on account of said contract in excess of the lawful interest shall be deemed and taken to be payments made on account of the principal debt, and judgment shall be rendered for no more than the balance found due after deducting and properly crediting the excess of interest so paid; but no bona fide indorsee of negotiable paper purchased before due shall be affected by any usury exacted by any former holder of said paper unless he had actual notice of the usury before his purchase.]

Sec. 1183. TESTIMONY OF PARTIES.—Whenever in any action to recover a debt the defendant shall claim that payments of unlawful interest on said debt have been made to said plaintiff or those under whom he claims, which the defendant is entitled to have credited on the principal of the debt, the plaintiff or the party who received said unlawful interest may be examined as a witness to prove the payment of the same, and shall not be excused from testifying in relation thereto, nor shall a creditor who is made defendant to a bill in equity exhibited against him for discovery as to payments of unlawful interest made to him be excused from answering as to the same. Sec. 1184. JUDGMENTS FOR LIQUIDATED DEBT.-In an d.

tapp., 20;'18 action in the supreme court of the District to recover a D.C. App., 293; 8 liquidated debt on which interest is payable by contract D. c. App., 515; or by law or usage the judgment for the plaintiff shall in- 195 U. 8., 322; R.

38 clude interest on the principal debt from the time when L. R., 473. it was due and payable, at the rate fixed by the contract, if any, until paid.

Sec. 1185. JUDGMENTS FOR DAMAGES.-In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only; but nothing herein shall forbid the jury, or the court, if the trial be by the court, from including interest as an element in the damages awarded, if necessary to fully compensate the plaintiff

. In an action to recover damages for a wrong the judgment for the plaintiff shall bear interest.

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Lockwood v. Sec. 1186. JUDGMENT IN SUITS ON CONTRACTS MADE
Lindsey, 6 D. C.
App., 396. ELSEWHERE.—In an action on a contract for the payment

of a higher rate of interest than is lawful in the District,
made or to be performed in any State or Territory of the
United States where such contract rate of interest is law-
ful, the judgment for the plaintiff shall include such con-
tract interest to the date of the judgment and interest
thereafter at the rate of six per centum per annum until
paid.

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CHAPTER XXXV.

JAIL,

Ofice abolished; anthority

Ib.

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Sec. 1187. WARDEN.—The supreme court of the District shall have authority to appoint a suitable person to transferred, con act as warden of the jail and to remove such officer when- Washington Asyever, in the opinion of the court, the public interests may March 3, 1911. require his removal, and to fill all vacancies which may occur.

Sec. 1188. TERM OF OFFICE. The warden shall hold office for the term of four years, unless sooner removed in accordance with the preceding section.

Sec. 1189. SALARY.-He shall receive an annual salary of two thousand dollars, which shall include all fees and emoluments.--Act of June 30, 1902 (32 Stat., Part 1, p.542).

(Repealed.) [Sec. 1189. SALARY.-He shall receive an annual salary of eighteen hundred dollars, which shall include all fees and emoluments.]

Sec. 1190. BOND.-The warden shall, before entering Ib. upon his oflice, execute to the United States a bond for the faithful performance of the duties thereof, in the penal sum of five thousand dollars, with sureties to be approved by some judge of the supreme court of the District.

Sec. 1191. POWERS AND DUTIES.—The warden shall Ib. have the exclusive supervision and control of the jail of the District and be accountable for the safe-keeping of all prisoners legally committed thereto, and shall have all the power and discharge all the duties legally exercised and discharged over said jail and the prisoners therein prior to the twenty-ninth day of February, eighteen hundred and sixty-four, by the marshal of the District.

Sec. 1192. EMPLOYMENT OF PRISONERS.—Persons sentenced to imprisonment in the jail may be employed at such labor and under such regulations as may be prescribed by the supreme court of the District and the ceeds thereof applied to defray the expenses of the trial and conviction of any such person.

Sec. 1193. COMMITMENT BY MARSHAL.—Nothing in the Ib. preceding sections of this chapter shall be construed to impair or interfere with the authority of the marshal of the District to commit persons to the jail or to produce them in open court or before any judicial oflicer when thereto required.

Sec. 1194. DELIVERY TO MARSHAL.-It shall be the Ib. duty of the warden to receive such prisoners and to deliver them to the marshal or his duly authorized deputy, on the written request of either, for the purpose of taking

Ib.

pro

Ib.

Ib.

them before any court or judicial officer, as provided in the preceding section.

Sec. 1195. SUBORDINATE OFFICERS.—The warden shall have authority to appoint such subordinate officers, guards, and employees as are necessary for the proper management and safe-keeping of prisoners, which may be authorized by law, subject to the approval of the chief justice of the supreme court of the District.

Sec. 1196. SUPREME COURT OF THE DISTRICT OF COLUMBIA TO MAKE RULES. - It shall be the duty of the supreme court of the District to make such rules for the government and discipline of the prisoners confined in the jail as shall be deemed necessary for the health, security, and the protection of such prisoners from cruel treatment by any person in charge thereof.

Sec. 1197. ANNUAL REPORT.-The warden shall annually, in the month of November, make a detailed report to the Attorney-General.

Sec. 1198. ÉXECUTION IN CAPITAL CASES.—Whenever any person confined in the jail is adjudged to suffer death, it shall be the duty of the warden to carry such judgment into execution.

Sec. 1199. MODE OF EXECUTION.—The manner of inflicting the punishment of death shall be by hanging.

Sec. 1200. PLACE OF EXECUTION.—Persons adjudged to suffer death shall be executed within the walls of the jail of the District, or within the yard or inclosure thereof, and not elsewhere.

Sec. 1201. OFFICERS TO ATTEND.-It shall be the duty of the warden or one of his deputies, with such officers of the prison, constables, and other peace officers as the warden or deputy may deem necessary and proper, to attend at such execution.

Sec. 1202. WHO MAY BE PRESENT.—The warden or his deputy shall invite the district attorney, the counsel of the prisoner, two or more physicians, and twelve respectable citizens to be present at every such execution, and at the request of the person to be executed shall also allow any of his near relatives and any ministers of the gospel (not more than three) to be present thereat.

Sec. 1203. WHO MAY NOT BE PRESENT.—No persons other than those mentioned in the two preceding sections, and no person whatever under the age of twenty

one years, shall be allowed to witness any such execution. R. S. D. C., 1081, Sec. 1204. SUBSISTENCE OF PRISONERS.—There shall &c.; R. S. U. s.;

be allowed and paid by the Attorney-General for the subsistence of prisoners in the custody of any marshal of the United States and the warden of the jail in the District of Columbia such sum as it reasonably and actually costs to subsist them. And it shall be the duty of the Attorney-General to prescribe such regulations for the government of the marshals and the warden of the jail in the District of Columbia in relation to their duties under this chapter as will enable him to determine the actual and reasonable expenses incurred.

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