Page:United States Statutes at Large Volume 31.djvu/1430

1378 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. b,,Q'}l,’§,‘§§_i“”°¥°S"° Sec. 1182. UNLAWFUL INTEREST TO BE oRnD1TmD.—In any action _ brought upon any contract for the payment of money with interest at a rate forbidden b law, as aforesaid, any payments of interest that may have been madre 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 nomore than the ba ance found due after deducting and properly crediting the excess of interest so paid ; but no bona ii e 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. ,,§S"“*°“" °’ p"" Sec. 1183. TEsT1MoNY or PARTIES.—·`fVh€H€\'€T 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. d,j§§g§g§§“f8'“q“‘ Sec. 1184. J UDGMENTS Fon LIQUIDATED DEBT.——In an action in the supreme court of the District to recover a liquidated debt on which interest is ayable by contract or by law or usage the judgment for the plaintiiip shall include interest on the rincipal debt from the time when it was due and payable, at the rate Exed by the contract, if any, until paid. aé,‘;f1gm°“““°’ °’““' 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 plaintiif. In an action to recover damages for a wrong the judgment for the plaintiff shall bear interest. Ojuigggggwm msgffg Sec. 1186. JUDGMENT 1N surrs on CONTRACTS MADE ELSEWHERE.—·- emewhere. 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 lawful, the judgment for the plaintiff shall include such contract interest to the date of the judgment and interest thereafter at the rate of six per centum per annum until paid. CHAPTER TIHRTY-FIVE. Jail. JAIL- W=¤d€¤- Sec. 1187. WARDEN.—ThG supreme court of the District shall have authority to appoint a suitable person to act as warden of the jail and to remove such officer whenever, in the opinion of the court, the public interests may reiguire his removal, and to Hll all vacancies which may occur. i Term °f°m°°- Sec. 1188. TERM or oFF1oE.——The warden shall hold office for the term of four years., unless sooner removed in accordance with the preceding section. · S“l‘*'Y· . Sec. 1189. SALARY.—·H€ shall receive an annual salary of eighteen hundred dollars, which shall include all fees and emoluments. B°“‘L Sec. 1190. BOND.—The warden shall, before entering upon his office, execute to the United States a bond for the faithful performance of the