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search for such article suspected to be so offered for sale, and to make return of his doings, with samples of said suspected articles, to said judge, who shall cause said samples to be tested by competent persons other than the inspectors.
& 9. It shall be the duty of the judge of each county court in the Commonwealth of Kentucky to appoint inspectors in their respective counties to carry out the provisions in the above law, who shall take an oath faithfully, and to the best of their ability, to discharge the duties of their office.
& 10. All oils shall be tested as follows: First-The water-bath should have sufficient water in it to rise two thirds up the side of the oil cup.
Second-Fill the oil cup with oil to within one eighth of an inch of the top.
Fourth—Use an alcohol lamp, the tube of which should not exceed three sixteenths of an inch in diameter. The wick must not (come) above the top of the tube, and the flame not exceed three eighths of an inch in height.
Fifth--Before lighting the lamp, test the oil by bringing a lighted match in contact with the surface of the oil. If the oil does not ignite, light the lamp and slowly heat the oil, moving the lighted match across the surface of the oil, at each degree the thermometer rises. If the oil should flash (that is, a little gas burn on the surface and go out again), remove the lamp and watch it closely; it is near its igniting point. If the thermometer does not rise after the lamp has been removed, replace the lamp. As soon as it ignites, or permanently burns, the degree indicated by the thermometer is the test of the oil. The flame that is moved across the surface of the oil should not exceed that of an ordinary match.
& 11. All acts or parts of acts passed by the General Assembly of the State of Kentucky, that conflict with the provisions of this act, are hereby repealed. $ 12. The above act shall take effect from and after its passage.
Approved March 21, 1870. An Act to amend an act, entitled "An act to regulate the sale and storage of illuminating oils made from
coal, petroleum, and other bituminous substances,", approved March 26, 1870. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That section three (3) of an act, entitled "An act to regulate the sale and storage of illuminating oils made from coal, petroleum, or other bituminous substances, and for the better protection of life and property," approved March 21, 1870, be, and the same is hereby, amended by adding to said section the following: “And all and every person or persons engaged in selling, exposing to sale, or offering to sell such oil, oils, or illuminating substances in this Commonwealth, who shall fail, neglect, or refuse to permit any legally appointed inspector to inspect said oil, oils, or illuminating substances, when application is made for that purpose by such inspection, shall for each resusal, failure, or neglect to allow inspection, be punished by a fine of not less than fifty dollars, and not exceeding one hundred dollars, to be recovered by indictment in any court having jurisdiction of the offense.”
2. All fines or forseitures which may accrue and be collected for a violation of this act shall be paid by the officer collecting the same to the trustee of the jury fund of the county in which said offense was committed.
& 3. That section six of the act aforesaid, to which this is an amendment, be, and the same is, amended by striking out in said section these words: “requiring his services," and inserting in lieu thereof the following: “for whom his services shall be rendered.” 24. This act to take effect sixty days from and after its passage.
Approved February 24, 1873, An Act to amend the title of an act, entitled "An act to amend an act, entitled 'An act to regulate the sale and storage of illuminating oils made from coal, petroleum, and other bituminous substances,'” approved February 24th, 1873.
1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the title of an act, entitled "An act to amend an act, entitled 'An act to regulate the sale and storage of iluminating oils made from coal, petroleum, and other bituminous substances,'” approved March 26th, 1870, passed at the present session of the General Assembly, and approved February 24th, 1873, be, and the same is hereby, so amended as to read : “An act to amend an act, entitled 'An act to regulate the sale and storage of illuminating oils made from coal, petroleum, and other bituminous substances,'” approved March 21st, 1870, so as to conform to the date of the act as stated in the body of said amending act. 2. This act shall take effect from its passage.
Approved March 8, 1873. GEN. STAT.-36
INTEREST AND USURY.
ART. 1. Interest at six per cent., and how calculated-What judgments bear
interest-Discount by Banks.
Contracts for a greater rate, except as
Interest at six per cent., and how calculated—What judgments
bear interest-Discount by Banks.
§ 1. Legal interest, unless otherwise contracted for in 2 R. S., 63. writing, shall be at the rate of six dollars upon one hundSix per cent.
red dollars for a year, and at the same rate for a greater or less sum, and for a longer or shorter time.
§ 2. All contracts and assurances made, directly or indi
rectly, for the loan or forbearance of money or other thing, herein at a greater rate than legal interest, except as hereinafter provided, void.
provided, shall be void for the excess over the legal interest. The amount loaned, with legal interest, may be recovered on any such contract or assurance; but if the lender refuse, before suit brought, a tender of the principal, with legal interest, he shall pay the costs of any suit brought on such
contract or assurance.(a) (a) All agreements made by a debtor, that he will not claim the usury he has promised to pay, or a release to accomplish the same object indirectly, are void. The releasor has nothing to release until he pays the usury. (Browning vs. Thompson, 13 B. M., 389.)
2. To enable a corporation to recover ten per cent. for the non-payment of stock subscribed as called for, it must be shown that the requisitions of the charter have been pursued. (Francas vs. Francas, 18 B. M., 61.)
3. Interest should not be decreed against a personal representative, directed to invest a legacy, until he had a reasonable opportunity to do so, unless he is shown to have realized interest on it. (Kyle vs. Taylor, 2 Metcalfe, 49-50.)
4. A contract for the sale and purchase of a tract of land at the price of two thousand dollars, payable in two years, with interest, payable half yearly, at eight per cent. per annum, is not usurious. (Boswell vs. Clarkson, 1 Ž. 7. M., 47; Towsey vs. Robinson, 1 Metcalfe, 664.)
5. It cannot be presumed from the mere giving of a credit on a note, given for eight per cent. interest, that it had been paid at that rate. (Hicks vs. Shouse, 17 B. M., 488.)
6. If a residuary devisee receives notes of the executor containing usury, and these be given up and a new note taken, the debtor does not thereby lose his right to have the usury purged from the new note. (Smith vs. Broyles, 15 B. M., 466.)
7. If the obligor in a note authorizes the obligee to raise money to pay the note, he will not be responsible for usurious interest paid, although he may have authorized it. ( Morton, &C., vs. Legrand, 2 Littell, 326.)
8. The act of 1862 (Myers' Supplement, 292) has no other effect than to reduce the period within which action to recover usury must be commenced to one year. It does not deprive the borrower of the right to treat payments of usury as payments on the principal and legal interest as long as the debt remains unpaid, nor give him a right of action to recover back such payment until the entire debt is paid. (Ellis vs. Brannin, i Duvall, 49.)
$ 3. A court of equity may grant relief for any such ex- Court of equity
may grant relief. cess of interest, and to that end compel the necessary discovery from the lender or forbearer.(a)
$ 4. Such excess of interest may be recovered from the Usury paid to aslender or forbearer, although the payment thereof was made to his assignee.(6) $ 5. Partial payment on a debt bearing interest shall be Payments - how
applied. first applied to the extinguishment of the interest then due.(c)
$ 6. A judgment, except for malicious prosecution, libel, Certain judge slander, or injury to the person, shall bear legal interest from terest. its date. A judgment may be for the principal and accrued interest; but if rendered for accruing interest, it shall bear interest only according to its terms. (d) $7. Any indebtedness incurred, or evidenced by judg- Interest on for
eign judgments. ment rendered out of the State, shall be presumed, unless
9. Interest should be allowed on cash advances, not as a matter of discretion in the jury or court, but as matter of legal damages. (Field vs. Burnam, 3 Bush, 518.)
10. Rent after it is due shall carry interest like other liabilities originating in contract. (Section, 3, article 2, chapter 56, Revised Statutes; Moore vs. Calvert, 6 Bush, 356.)
11. Ordinarily, in States where a conventional rate of interest may be stipulated for, the rate provided by statute prevails after the maturity of the debt. Unless the conventional rate is contracted to be paid after maturity, that rate ceases at maturity in most of those States. (Gray vs. Briscoe, 6 Bush, 687.)
12. The note being payable one day after date, it is scarcely reasonable to suppose the parties intended to restrict the stipulated rate of interest to the maturity of the contract, but we must conclude that they intended it to continue until the debt should be paid. (Ibid.)
13. A borrowed of G legal-tender U. S. Treasury notes, and agreed to pay their nominal amount in gold, with usurious interest. Held— That to the extent of the difference between the value of the currency when loaned and gold, the obligation must be considered as an evasion of the usury laws. (Glass vs. Abbott, 6 Bush, 622.)
14. “I promise to pay to the trustees of the Kentucky B. E. S., or order, five hundred dollars, for value received. This is a donation which shall be binding and due when the sum of seventy-five thousand dollars shall be obtained in cash, or promissory notes given for like purposes, and it shall be paid at my death.”.
Held— That the above obligation commenced to draw interest at the death of the obligor. ( Carr's executor vs. Dudley, &C., 8 Bush, 269.)
(a) One who has permitted judgment at law by default on a debt embracing usury, may, after he has paid the debt, maintain an action in equity to recover back the usury, although he knew when the judgment was rendered that the usury was embraced in it. (Ross vs. Ross, 3 Metcalfe, 276; Pierce vs. Hendricks, 3 Littell, 109; Campbell vs. M1Gill, 4 7. 7. M., 89; 4 Mon., 488; Scott vs. Shropshire, 2 Duvall, 153.)
(6) If a debtor gives to an assignee of his creditor a new note for the debt embracing the usury, his right to have a deduction is gone, but he may recover it back from the assignor. (Breckinridge vs. Churchill, 3 7. 7. M., 12; Stone vs. Connell, i Duvall, 56.)
(c) So long as a debt exists, usurious interest must be first applied to the discharge of the legal interest and then the principal; and no right of action for the usurious interest exists until the debt is discharged, and limitation does not begin to run until the debt is discharged. (Ellis vs. Brannin, i Duvall, 50; Stone vs. McConnell, i Duvall, 56; Martin vs. Martin, 12 B. M., 304.)
2. The several payments should be so applied at their dates as first to discharge the interest which had already accrued on the debt. (Riddle, &c., vs. Lewis, 7 Bush, 193.)
(d) Decretal orders, as well as judgments, draw interest from their date, by virtue of section 6, chapter 52, of the Revised Statutes. (Commonwealth for Peters vs. Bosley, 5 Bush, 221.)
the contrary be shown, to bear like interest as if it had been incurred, or the judgment, rendered in this Commonwealth.
§ 8. Once in each month, and oftener if thought proper, Acts 1858, 83; 2 the rates of exchange at which all bills shall be purchased
S.. Banks to fix rates shall be fixed by all incorporated banks and institutions
authorized to deal in such paper, and the same entered upon the proceedings of the board, designating the difference, if any be made, on account of the time the bill has to run, a copy whereof shall be posted in some conspicuous place in the public room of the bank. If the rates of exchange be fixed by a branch bank, the same shall not be entered on its records, or acted upon by it until corrected, if needful, and approved by the principal bank. Any alteration made in the rates of exchange shall, before acted upon, be noted on the copy posted in the public room. All bank officers shall, in all respects, conform to the rates of exchange so fixed.
$ 9. Each banking institution shall transmit monthly to the Governor copies of its rates of exchange for his information, and for the information of the General Assembly.
Ten per cent. lawful if contract
$ 1. It shall be lawfal for all persons to contract, by memActs 1871, 61. orandum in writing, signed by the party or parties chargea
ble thereon, and not otherwise, to pay or receive any rate ed for in writing. of interest for the loan or forbearance of money
may be agreed on by the parties to such contract, greater than six and not exceeding ten dollars upon one hundred dollars for a year; and at the same rate for a greater or less sum, and for a longer or shorter time.
§ 2. Judgments rendered upon any contract in writing for If no rate of in- the payment of money shall bear the same lawful rate of on, then six per interest which is provided by such contract; but upon con
tracts in which no rate of interest is agreed upon, the judgment shall bear six per cent. per annum.
$ 3. After the death of the payor or obligor of a contract In case of the for the loan or forbearance of money at a higher rate of inor obligor. terest than six per centum per annum, such contract after
maturity, and any judgment rendered thereon, shall bear six per centum per annum; but if there are two or more payors or obligors, the provisions of this section shall not affect the
denth of payor
liability of the survivor or survivors to pay the agreed interest.
$ 4. If any rate of interest, exceeding the rate author- Penalty. ized by the first section of this article, shall be intentionally charged, the whole interest shall be forfeited; and if the lender in such usurious contract refuse, before suit brought, a tender of the principal without interest, he may, in any suit brought on such contract or assurance, recover the principal, but shall pay the costs of such suit.
$ 5. Nothing in this chapter shall be construed to author- Not to be conize any bank or other incorporated institution to charge a izing bank, &c., greater amount, including exchange and discount, than ten than ten per cent. per cent. per annum on any bill, bond, note, or other obligation discounted or purchased by it.
JAIL AND JAILERS.
Duties of Failers. § 1. The jailer of each county shall, before he enters upon Oath and bond of
jailers. the duties of his office, in addition to the oaths prescribed by the Constitution, be sworn to diligently and impartially execute the same, and he must execute bond to the Commonwealth in the county court of the county in which he is elected, with good surety, to be approved by the court, in substance as follows:
“We, A B, jailer of county, and C D and E F, his Form of bond. sureties, do hereby covenant and agree with the Commonwealth of Kentucky, that the said A B shall well and truly execute and do and perform every duty and act as jailer aforesaid, which is or may be required by law, during his continuance in office; and that he will, in proper time, pay over to the persons entitled thereto any money which may come to his hands as jailer. This — day of
Which bond shall be attested by the clerk, and may be put in suit from time to time, by any person injured by the