AN ACT to revise the law in relation to the rate of interest, and to repeal certain acts therein named. [Approved May 24, 1879. In force July 1, 1879. L. 1879, p. 184.]

*1. On loan or forbearance of money, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the rate of interest upon the loan or forbearance of any money, goods, or thing in action, shall continue to be six dollars ($6) upon one hundred ($100) dollars for one year, and after that rate for a greater or less sum, or for a longer or shorter time, except as herein provided.

[R. S. 1845, p. 294, § 1; Stokes v. Frazier, 72 Ill. 428; Barker v. International Bank, 80 Ill. 96; Haworth v. Huling, 87 Ill. 23; Convey v. Sheldon, 1 Brad 555; Ford v. Hixon, 49 Ill. 142; Madison Co. v. Bartlett, 1 Scam. 70; Pekin v. Reynolds, 31 Ill. 530: City of Chicago v. People, 56 Ill. 334: Co. of Pike v. Hosford, 11 Ill. 170; Walker v. Kimball, 22 Ill. 537; Storr v. Richmond, 30 Ill. 276; Etuyre v. McDaniel, 28 Ill. 202; Taylor v. Coffing, 18 Ill. 429; McFadden v. Fortier, 20 Ill. 509; Hunter v. Hatch, 45 Ill. 184; Leonard v. Villars, 23 Ill. 380; Baker v. Scott, 62 Ill. 88; Story v. Livingston, 13 Peters (U. S.), 359.

2. Creditors shall be allowed

*2. On money after due, etc. to receive at the rate of six (6) per centum per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing; on money lent or advanced for the use of another, on money due on the settlement of account 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 knowl edge, and on money withheld by an unreasonable and vexatious delay of payment.

[R S. 1845, p. 294, § 2: Daniels v. Osborn, 75 Ill, 615: Dobbins v. Higgins, 78 Ill. 440 Stearns v. Sweet, 78 Ill. 446; Chapman v. Burt, 77 Ill. 337; Edgmon v. Ashelby, 76 Ill. 162: Cease v. Cockle, 76 Ill. 484: Becker v. Becker, 79 Ill. 532: Chicago v. Allcock, 86 Ill. 384: Heiman v. Schroeder, 74 . 159: Illinois C. R. R. Co. v Cobb, etc.. 72 Ill. 149; Knickerbocker Ins. Co. v. Gould, 80 Ill. 388: Moltman v. Williamson, 69 Ill. 423; Clark v. Dutton, 60 Ill. 521: Tucker v. Page, 60 Ill. 182; Scroggs v. Cunningham. 81 Ill. 113;Warren v. Tyler, 81 Ill. 15; City of Chicago v. Barbiau, 80 Ill. 482; Bedell v. Janney, 4 Gilm. 193; Tindall v. Meeker, 1 Scam 137; Lurton v, Gill. iam, 1 Scam. 577: Bishop Hill, etc., v. Edgerton, 26 Ill. 54; Flake v. Carson, 33 III, 518; Casey v. Carver, 42 Ill. 225; Underhill v. Graff, 48 Ill. 202; LaSalle v. Simmons,

5 Gilm. 513; Bourland v. Peoria, 16 !ll. 546; Higgs v. French, 16'Il. 343; Walker v. Haddock, 14 Ill. 399 White v. Walker, 31 Ill. 424; Sammis v. Clark, 13 Ill. 547; Rayburn v. Day, 27 Ill. 47; iitt v. Allen, 13 Ill. 592; Ayres v. Metcalf, 39 Ill. 307; Turner v. Dawson, 50 III. 85; Noyes v. McLaflin, 62 Ill 474; Cook v. South Park, etc., 61 Ill. 115; Snell v. Warner, 58 Ill. 42; Aldrich v. Dunham, 16 Ill. 403; Myers v. Walker, 24 . 137; Newlan v. Schafer, 38 Ill. 379; City of Chicago v. Wheeler, 25 Ill. 478; Davis v. Kenaga, 51 Ill. 170; Pekin v. Reynolds, 31 II. 529; Ford v. Hixon, 49 Ill. 142; Derby v. Gage, 38 l. 27; Robbins v. I aswell, 58 Ill. 203; King v. Hamilton, 16 . 190; Taylor v. Coffing, 18 I 422; Johnson v. Hartshorne, 52 . Y. 173; Knapp v Marshall, 56 Ill. 362; Miles v. Wheeler, 43 Ill. 123; Kinney v. Knoebel, 51 Ill. 114; Ex'rs of Rowan v. Kirkpatrick, 14 Ill. 1o; Bond v. Lockwood, 33. Ill. 212; Hurd v. Goodrich, 59 Ill. 450; Claycomb v. Munger, 51 Ill. 374; Brady v. Spurk, 27 Ill. 478; Watson v. Wolverton, 41 Ill. 241; Haiding v. Larkin, 41 Ill. 414; Wead v. Larkin, 49 Ill. 99; Major v. Dunnevant. 25 Ill 262; Slenter v. Wallbaum, 45 Ill. 43; Chicago, etc., R. R. Co. v. Ames, 40 Ill. 249: Bradley v. Geiselman, 22 Ill. 494; Nor. T. Co. v. Sellick, 52 Ill. 250; Dole v. Omstead, 41 Íll. 344.

*3. On judgment, award, report, verdict. § 3. Judgments recovered before any court or magistrate shall draw interest at the rate of six (6) per centum per annum, from the date of the same until satisfied. When judgment is entered upon any award, report or verdict, interest shall be computed at the rate aforesaid, from the time when made or rendered to the time of rendering judgment upon the same, and made a part of the judgment.

[R. S. 1845, P. 294, 2: Barker v. Int. Bank of Chicago, 8 Ill. 96; Haas v. Ch. Building Society, 80 Ill. 248: Moss v. McCall, 75 Ill. 190; Lombard v. Ch. Sinai Congregation, 75 Ill. 271: Western U. R. R. Co. v. Smith, 75 Ill. 496: Deenis v. Deenis. 79 Ill. 74; Race v. Sullivan, 1 Brad. 94: Etuyre v. McDaniel, 28 Ill. 201; T. P. & W. Ry. Co. v. Johnson, 74 III. 83; Mason v. Eakle, Breese, 83; Aldrich v. Sharp, 3 Scam. 263 White v. Haffaker, 27 Ill. 351; Wayman v. Cochrane, 35 Ill. 155; Wayman v. Crozier, 35 Ill. 156.

*4. Eight per cent. may be contracted for. § 4. In all written contracts it shall be lawful for the parties to stipulate or agree that eight (8) per cent. per annum, or any less sum of interest, shall be taken and paid upon every one hundred ($100) dollars of money loaned, or in any manner due and owing from any person or corporation to any other person or corporation in this State, and after that rate for a greater or less sum, or for a longer or shorter time, except as herein provided. [L. 1849, p. 98, § 1; L. 1857, p. 45, §1; Warren v. Tyler, 81 Ill. 18: Ballinger v. Bourland, 87 Ill. 513: Gramer v. Joder, 65 Ill. 314; Goodwin v. Goodwin, 65 III. 498: Bradford v. Hoiles, 66 Ill. 518; Hamill v. Mason, 51 Ill. 488; Austin v. Bainter, 50 Ill. 308; Kinsey v. Nisley, 23 Ill. 505; Seegar v. Seegar, 19 Ill. 121; Farwell v. Meyer, 35 Ill. 40; Parmelee v. Lawrence, 44 1. 415; Hunter v. Hatch, 45 Ill. 178; Parmelee v. Lawrence, 48 Ill. 331; Drake v. Latham, 50 Ill. 273; Herring v. Woodhull, 29 Ill. 93 Nichols v. Stewart, 21 Ill. 106; McGill v. Ware, 4 Scam, 21; Matthias v. Cook, 31 Ill. 83; Convey v. Sheldon, 1 Brad. 555.

*5. No greater rate shall be contracted for. § 5. No person or corporation shall directly or indirectly, accept or receive, in money, goods, discounts, or thing in action, or in any other way, any greater sum or greater value for the loan, forbearance or discount of any money, goods or thing in action, than as above prescribed,

73

[R. S. 1845, p. 295, 83: Downey v. Beach, 78 Ill. 53; Wilson v. Kirby, 88 Ill. 566; Withrow y. Briggs, 67 Ill. 96; Bane v. Gridley, 67 Ill. 388; Puterbaugh v. Farrell, Ill. 213; Mitchell v. Lyman, 77 Ill. 526; Reinbach v. Crabtree, 77 Ill. 182; McGill v. Ware, 4 Scam. 21; Delano v. Rood, 1 Gilm. 697; Shirley v. Wilty, 19 Ill. 625: Ferguson v. Sutphen, 3 Gilm. 547; Bishop v. Williams, 18 Ill. 101; Davis v. Hopkins, 15 Ill. 519; Earll v. Mitchell, 22 Ill. 530; Nickerson v. Babcock, 23 Ill. 561; Osborn v

McCowan, 25 Ill. 218; Davis v. Rider, 53 Ill. 416; Delano v. Rood, 1 Gilm. 690; Gould v. Bishop Hill, etc., 35 Ill. 324; Saylor v. Daniels, 37 Ill. 331: King v. Cush man, 41 I. 31; Pike v. Crist, 62 Ill. 461; Hewitt v. Dement, 57 Ill. 500; Gates v. Hackethal, 57 Ill. 534; Lawrence v. Cowles, 13 Ill. 579; Smith v. Whitaker, 23 Ill. 367; Cooper y Nock, 27 Ill. 301; Scott v. Lloyd, 9 Peters (U. S.), 418; Tiernan v. Hinman, 16 lll. 400; Blair v. Chamblin, 39 Ill. 522; Malcomb v. Allen, 49 N. Y. 448; Bennett v. Stevenson, 53 N. Y. 508; Safford v. Vail, 22 III. 327; Loveland v. Ritter, 50 Ill. 54 House v. Davis, 60 III, 367; Carter v. Moses, 39 Ill. 539; Valentine v. Fish, 45 I. 462; Henderson v. Bellew, 45 Ill. 322; Tompkins v. Hill, 28 11. 519: Perkins v. Conant, 29 Ill. 184; Manny v. Stockton, 34 Ill, 306; Saylor v. Daniels, 37 111. 331; Hadden v. Innes, 24 Ill 381; Farwell v. Meyer, 35 Ill. 42; Booker v. Anderson, 35 Ill. 68; Woodworth v. Huntoon, 40 II. 132; Fleming v. Jencks, 22 Ill. 475; Reynolds v. Payer, 22 Ill. 660; Norton v. M. L., etc., Co., 28 Ill. 313; Smith v. Powell, 50 Ill. 21; Ramsey v. Perley, 34 Ill. 504; Lucas v. Spencer, 27 I. 15; Peddicord v. Connard, 85 III 102.

*6. Penalty for contracting for more than eight per cent. 6. If any person or corporation in this State shall contract to receive a greater rate of interest or discount than eight (8) per cent. upon any contract, verbal or written, such person or corporation shall forfeit the whole of said interest so contracted to be received, and shall be entitled only to recover the principal sum due to such person or corporation; and all contracts executed after this act shall take effect, which shall provide for interest or compensation at a greater rate than herein specified, on account of non-payment at maturity, shall be deemed usurious, and only the principal sum due thereon shall be recoverable.

[L. 1857, P. 46, § 3; Reinback v. Crabtree, 77 I. 182; Mitchell v. Lyman, 77 III. 525; Driscoll v. Tannock, 76 Ill. 154; Tooke v. Newman, 75 Ill. 215; Peddicord v. Connard, 85 Ill 102: Sonner v. Smith, 89 Ill. 123; McGill v. Ware, 4 Scam, 21; Goodrich v. Reynolds, 31 Ill. 491; Hamill v. Mason, 51 Ill. 488; Stevenson v. Unkefer, 14 Ill. 103: Partlow v. Williams, 19 Ill. 132; Hefner v. Vandolah, 62 Ill. 483; Heacock v. Swartwout, 28 Ill. 298: Maps v. Sharp, 32 Ill. 14; Snyder v. Griswold, 37 Ill. 223; Cushman v. Sutphen, 42 Ill. 260; Hawhe v. Snydaker, 86 Ill. 197.

*7. Usury must be pleaded. $7. The defense of usury shall not be allowed in any suit, unless the person relying upon such [*615] defense shall set up the same by plea, or file in the cause a notice in writing, stating that he intends to defend against the contract sued upon or set off, on the ground that the contract is usurious.

[Puterbaugh v. Farrell, 73 Ill. 213; Hamill v. Mason, 51 Ill. 488; Murray v. Crocker, 1 Scam. 212; Smith v. Whitaker, 23 Ill. 367; Hancock v. Hodgson, 3 Scam. 330: Moir v. Harrington, 22 Ill. 40; Saylor v. Daniels, 37 Ill. 331; Durham v. Tucker, 40 Ill. 519; Hemenway v. Cropsey, 37 Ill 357; Stockham v. Munson, 28 Ill. 51; Frank v. Morris, 57 Ill. 138; Partiow v. Williams, 19 Ill. 132; Bates v. Bulkley, 2 Gilm. 389; Nichols v. Stewart, 21 11, 106; Safford v. Vail, 22 Ill. 327; Adams v. Robertson, 37 Ill. 45; Conkling v. Underhill, 3 Scam. 388; Hawhe v. Snydaker, 86 Ill. 200.

*8. When contracts between citizens of this and other States governed by the laws of this State - penalty. § 8. When any written contract, wherever payable, shall be made in this State, or between citizens or corporations of this State, or a citizen or corporation of this State, and a citizen or corporation of any other State, territory or country, (or shall be secured by mortgage or trust deed on lands in this State), such contract may bear any rate of interest allowed by law, to be taken or contracted for by persons or corporations in this State, or which is or may be allowed by law on any contract for money due or owing in this State: Provided, however, that such rate of interest shall not exceed eight per cent. per annum, and if any such person or

corporation shall contract to receive a greater rate of interest or discount than eight per cent. upon any such contract, such person or corporation shall forfeit the whole of said interest so contracted to be received, and shall be entitled only to recover the principal sum due to such person or corporation.

[Phinney v. Baldwin, 16 Ill. 108; Palmer v. Marshall, 60 Ill. 289; Barnes v. Whitaker, 22 III. 606; Prince v. Lamb, Breese, 379; Warren v. McCarthy, 25 Ill. 95; Hall v. Kimball, 58 Ill. 58; McAllister v. Smith, 17 Ill. 328; Adams v. Robertson, 37 Ill. 45; Sherman v. Gassett, 4 Gilm. 521; Forsythe v. Baxter, 2 Scam. 9; Deene v. Crume, 46 Ill. 73.

*9. Construction. 9. Whenever, in any statute, act, deed, written or verbal, contract, or in any public or private instrument what. ever, any certain rate of interest is or shall be mentioned, and no period of time is stated for which such rate is to be calculated, interest shall be calculated at the rate mentioned, by the year, in the same manner as if "per annum" or "by the year had been added to the rate.

[Griffith v. Furry, 30 Ill. 251; Etuyre v. McDaniel, 28 Ill. 201.

*10. Computation of time. 1o. In all computations of time, and of interest and discounts, a month shall be considered to mean a calendar month, and a year shall consist of twelve calendar months; and in computations of interest or discount for any number of days less than a month, a day shall be considered a thirtieth part of a month, and interest or discount shall be computed for such fractional parts of a month upon the ratio which such number of days shall bear to thirty.

*11. Corporations not to plead usury. § 11. No corporation shall hereafter interpose the defense of usury in any action.

[Hurd v. Marple, 2 Brad. 402; Hartford Ins. Co. v. Hadden, 28 Ill. 260; Am. R. R. Co. v. Miles, 52 Ill. 174.

*12. Repeal. $ 12. That an act entitled, "An act to revise the law in relation to the rate of interest," approved March 25, 1874, and an act entitled "An act to amend section eight (8) of an act entitled "an act to revise the law in relation to the rate of interest," approved March 25th, A. D. 1874, approved March 3, 1875, be and the same are hereby repealed. But this section shall not be construed, so as to affect any rights that may have accrued or suits that may be pending when it shall take effect.

[Hurd v. Marple, 2 Brad. 402.

GAS COMPANIES TO PAY.

AN ACT to compel gas companies to pay interest on deposits made by parties at the request of such companies. [Approved May 29, 1879. In force July 1, 1879. L 1879, p. 186.]

*13. Gas companies to pay interest on deposits. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all gas companies, persons or associations engaged in manufacturing gas for public or private use in this State, who shall require any person, corporation or association of persons to deposit any sum or sums of money with such gas company, person or association,

so furnishing gas, for any purpose, whatever, such company, person or association with whom such money may be deposited shall pay to the party making such deposit, annually, interest on such deposit at the rate of five (5) per cent. per annum.

AN ACT to revise the law in relation to jails and jailers. [Approved March 3, 1874.

In force July 1, 1874.]

1. Jail. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be kept and maintained, in good and sufficient condition and repair, a common jail in each county within this State, at the permanent seat of justice for such county.

[R. S. 1845, P. 296, § 1; Andrews v. Knox County, 70 Ill. 65.

2. Sheriff jailer. § 2. The sheriff of each county in this State shall be the keeper of the jail of the county, and have the custody of all prisoners in such jail. [R. S. 1845, p. 296, § 2.

3. Assistant jailer. § 3. He may appoint an assistant jailer under him, and remove him at pleasure, for whose conduct he shall be responsible.

[R. S. 1845, p. 296, § 3; Seibert v. Logan Co., 63 Ill. 155; Union County v. Patton, 63 Ill. 458.

4. To receive and confine prisoners. § 4. The keeper of the jail shall receive and confine in such jail, until discharged by due course of law, all persons who shall be committed to such jail by any competent authority. [R. S. 1845, p. 296, § 3.