Proviso.

Owners not removing tobac

Co.

To be advertised.

And sold.

Costs and fees paid.

removed without an order from the inspector, as aforesaid, shall forfeit double the value of the tobacco so delivered or suffered to be removed, to be recovered by the inspector for the benefit of the owner of such tobac co: Provided, that there shall be no tobacco inspected in a private ware-house, where there is a public one erected in the same county, and prepared for the reception and inspection of tobacco; Provided, also, that it shall be lawful for any citzen of this state, who wishes to export tobacco without inspection, to do so, any law to the contrary notwithstanding.

SEC. 22. if the owner of any tobacco, deposited in any ware-house, shall suffer the same to remain there for a longer time than two years, without paying the fees for storage and keeping the same, it shall and may be lawful for the inspector or keeper of the ware-house to advertise the same, either in some newspaper, the nearest printed in the state, or by setting up six advertisements in writing, in the most public places in the county, for six weeks previous, fairly to expose and sell the same for the best price that can be had in cash, and the overplus, if any, after paying all fees and costs, to be Balance return- returned to the owner, if called for within five years from the day of sale; if not called for, the same to go to the county and if any person shall suffer any property Other property other than tobacco to remain in any ware-house estabremaining more lished under this act, or any public or private ware-house now established, or which may hereafter be estabished, for a longer term of time than fifteen months, from the time of depositing the same, without paying the fees for storage, the keeper or inspector may, in like manner, advertise and sell the same, for what the same will bring in cash; and the surplus, if any, to be paid over to the owner, or county as above stated. This act to be in force from and after the passage thereof.

ed to the

owners.

than fifteen months may be sold.

APPROVED, January 12, 1829.

IN FORCE, APRIL 2, 1833.

rest.

INTEREST.

AN ACT to regulate the interest of Money.

SEC. 1. Be it enacted by the people of the state of Illinois Rate of inte- represented in the General Assembly, That the rate of interest upon the loan or forbearance of any money, goods, or things in action, shall continue to be six dollars upon one hundred dollars for one year, and after that rate for

a greater or less sum, or for a longer or a shorter time: Provided, that when the parties expressly agree upon an

amount of interest, not exceeding the rate of twelve per . .6.166.7.174 centum per annum, it shall be legal, any thing in this section to the contrary, notwithstanding; and the several courts in this state are hereby required to give judgment accordingly.

15 John. 374

of interest than

SEc. 2. No person or corporation shall, directly or indirectly, accept or receive in money, goods, discounts, or No greater rate things in action, or in any other way, any greater sum, or is above allowgreater value for the loan, forbearance, or disconnt of ed shall be reany money, goods, or things in action, than as above deceived. scribed.

In cases of

usury.

SEC. 3. Whenever, in any action brought on any contract or assurance, for the payment of money, or any other thing, it shall appear to the court before which such action shall be tried, by the pleading on the case, D. J.6.174 and on application of the defendant, that a greater rate of interest shall have been directly or indirectly reserved, discounted, or taken, than is allowed by this act, the defendant shall recover his full costs, and the plaintiff Defendant shall forfeit three-fold the amount of the whole interest shall recover full costs. reserved, discounted, or taken, and shall have judgment, and execution for the balance only, which may remain due upon said contract or assurance, after deducting threefold the amount of said interest, one third part of 2h194 which shall be paid to the defendant, and the remaining two thirds shall be paid into the county treasury of the county in which such suit shall have been instituted.

shall be institu

party.

SEC. 4. That if any person or corporation, shall, di- Where suit rectly or indirectly, contract to accept or receive in mo-ted on a usiney, goods, discounts, or things in action, any greater rious contract sum or greater value, for the loan, forbearance, or dis- by a person not count of any money, goods, or things in action, than is a contracting prescribed by this act, he, she, or they shall forfeit and pay to the person suing for the same, threefold the amount of the whole interest so contracted, to be reserved, discounted, or taken: Provided, said suit be not commenced by either of the contracting parties; and if so, then the amount so recovered shall be paid into the Where by a county treasury of the county where such suit shall have party. been instituted.

SEC.

Sec. 5. Every person, who for any such loan, discount, 20. Rep. 292

ous interest has

or forbearance, shall pay or deliver any greater sum or Where usurivalue than is above allowed to be received, and his per-been allowed sonal representatives may recover in an action against the representathe person who shall have taken or received the same, tives of the and his personal representatives threefold the amount of person so pay

ing it may sue. the money so paid, or value delivered above the rate aforesaid, either by an action of debt in any court having jurisdiction thereof, or by bill in chancery in the circuit court, which court is hereby anthorized to try the same: Provided, said action shall be brought, or bill filed within two years from the time when the right thereto accrued. SEC. 6. In the trial of any action wherein it shall appear by the pleadings, that the fact of usury shall be put in issue, it shall be lawful for the debtor, the creditor being alive, to become a witness, and his testimony shall be received as evidence, and the creditor, if he shall offer his testimony, shall be received as a witness, together with any other legal evidence that may be introduced by either party.

Evidence.

SEC 7. This act to take effect from and after the first day of April next.

APPROVED, February 28th, 1833,

IN FORCE
MARCH 2, 1819

of six per cent.

AN ACT regulating the interest of Money.

SEC. I. Be it enacted by the people of the state of IlliInterest allow-nois, represented in the General Assembly, That creditors, ed at the rate (except as hereinafter excepted,) shall be allowed to receive at the rate of six per centum per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, on any judgment recovered before any court or magistrate authorized to enter up the same, within this state from the day

D.J.G. 98.167 of signing judgment until the effects be sold, or satisfacBure R. $2

tion of such judgment be made, likewise on money lent, on money due on the settlement of accounts from the day of liquidating accounts between the parties, and ascertaining the balance, on money received to the use of another, and retained without the owner's knowledge, and on money withheld by an unreasonable and vexatious delay of payment: Provided always, that nothing in this act contained, shall be so construed as to limit the rate of interest, for the payment of which an express contract hath been made: And provided, also, that no bank or monied institution shall have the right to demand or receive a greater or higher rate of interest than six per centum per annum and all and every species of contract made by any bank or monied institution, by which a greater or higher rate

of interest shall be stipulated to be paid, shall be and the same is hereby declared to be fraudulent and wholly void.

APPROVED, March 2, 1819.

INSOLVENT DEBTORS.

AN ACT for the relief of Insolvent Debtors.

In force June

1, 1829. SEC. 1. Be it enacted by the people of the state of Illinois, Debtors rerepresented in the General Assembly, That whenever any liver property, fusing to dedebtor shall refuse to surrender his or her estate, lands, ca. sa. may tenements, goods, or chattels, for the satisfaction of any issue. execution which may be issued against the property of

any such debtor, it shall and may be lawful for the plain-BR.284 tiff in such execution, or his or her attorney or agent, to make affidavit of such fact before any justice of the peace of the county; and upon filing such affidavit with the clerk of the court from which the execution issued, or with the justice of the peace who issued such execution, it shall be lawful for such clerk, or justice of the peace, as the case may be, to issue a ca. sa. against the body of such defendant in execution.

bate.

SEC. 2. The judges of probate, in the several counties Jurisdiction of in this state, shall have the sole power, in the first instance, judges of proto hear and determine all applications for discharge from imprisonment for debt under this act.

SEC. 3. When any person shall be arrested for debt on Persons desiexecution, or on original process, for the purpose of being rous may be held to bail, and shall be desirous of releasing his or her fore judges of conveyed bebody from such arrest or imprisonment, by delivering up probate. his or her property, it shall be the duty of the sheriff, or other officer having the custody of such debtor, to convey him or her before the judge of probate of the county in which such arrest is made.

dule.

SEC. 4. It shall be the duty of the judge of probate, Who shall rebefore whom any such debtor shall be brought as afore- quire a schesaid, to require of such debtor a full, fair, and complete schedule of all his or her estate, real or personal, inclu- Of property. ding money, notes, bonds, bills, obligations, and contracts for money, or property of any and every description, or kind, name, or nature whatsoever, together with a true and perfect account of all the debts which he or she shall and debts, or may be owing at the time, which schedule shall be subscribed by the debtor; who shall also take the follow

and subscribe

oath.

Debtor to make ing oath or affirmation, to wit: "I do solemnly swear (or affirm, as the case may be) that the schedule now delivered, and by me subscribed, contains, to the best of my knowledge and belief, a full, true, and perfect account and discovery of all the estate, lands, tenements, hereditaments, goods, chattels, and effects, unto me in any wise belonging, and such debts as are unto me owing, or unto any person or persons for me, or in trust for me, and of all securities and contracts whereby any money may become due or payable, or any advantage or benefit accrue to me, or to my use, or to any person or persons for me, or in trust for me; that I have not lands, money, or any other estate, real or personal, in possession, reversion, or remainder, which is not set forth in this schedule; nor have I, at any day or time, directly or indirectly, sold, lessened in value, or otherwise disposed of, all or any part of my lands, money, goods, stock, debts, securities, contracts, or estate, whereby to secure the same, or to receive, or expect to receive, any profit or advantage therefrom, to defraud any creditor, or creditors, to whom I am indebted in any wise whatsoever; and also, that this schedule contains a true and perfect account of all the debts which I owe to any and every person whatsoever." Which oath, or affirmation, shall be subscribed by the Which shall be debtor, and certified by the judge, as may all oaths, or certified by the affirmations, which it may be necessary for him to adjudge. minister in the discharge of the duties assigned him by this act.

Creditors may contest.

Examination may be adjourned.

Upon giving bond.

Assignee may

SEC. 5. Any creditor of such debtor shall have the right to appear before the judge of probate, and contest the truth of such schedule; and may for that purpose call such witnesses as he or she shall deem necessary; and the judge shall issue subpenas, and compel the attendance of witnesses, in the same manner as the judges of the circuit courts do in term time.

SEC. 6. The judges shall have power to adjourn or continue the examination of any such debtor to any convenient time, not exceeding thirty days, upon the said debtor giving security for his appearance, and also for the surrender of all the goods, chattels, and estate mentioned in his schedule, at the day or time to which such examination may stand continued or adjourned.

SEC. 7. If, after full investigation and fair examination be appointed. of the debtor and the witnesses, if any, it shall appear to the judge-that the proceedings on the part of the said debtor are fair, just, and honest, it shall be the duty of the judge to name some fit person to act as assignee of the said debtor; and such debtor shall immediately, by