writing setting forth the nature of his claim, the time when the same arose, the manner in which it originated, and the amount of such lien or incumbrance; and may annex thereto an affidavit made by himself or his agent or attorney, that the said statement is correct, and the claim just and true, and file the same in the office of the auditor. 2 Hun, 449. Auditor's duty. § 2. It shall be the duty of the said auditor, on the receipt of the said statement, to file the same in his office, and to enter the substance in a book to be provided for that purpose, and the amount, if any, claimed to be due, which book shall always during office hours be open for the inspection of all persons desiring to examine the same. Preference of liens. § 3. All claims and liens by chattel mortgage, a statement of which shall be filed as herein provided, shall from the time of such filing have preference and priority over all other claims and liens, in the same manner and to the like extent of claims and liens arising on chattel mortgages filed and entered in towns where the mortgagor resides, but shall not have any priority over existing liens and claims. 35 Barb., 337. Fees for filing. § 4. The auditor shall charge for filing the said statement and making the entry thereof as herein provided, the sum of fifty cents, and he shall not be obliged to file or enter the same until such sum is paid. Statement evidence. § 5. Any statement made and filed as herein provided, and copies thereof duly certified by the auditor in the manner required by law, may be read and used as evidence in all courts of justice. L. 1864, Chap. 412 –An act to amend an act entited “An act to provide for the registry of liens and incumbrances upon boats navigating the canals in this state," passed April fifteenth, eighteen hundred and fifty-eight. Mortgages to be filed in canal department.* SECTION 1. Hereafter any person having any lien or incumbrance on any canal boat, steam tug, scow, or other craft navigating the canals of this state, by a chattel mortgage, shall file the same, or a true copy thereof, in the office of the auditor of the canal department. Mortgages not filed become void. § 2. Hereafter every mortgage or conveyance intended to operate as a mortgage of any canal boat, steam tug, scow or other craft navigating the canals of this state, together with the appurtenances belonging thereto and used in navigating such craft, hereafter made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the property mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the previous section of this act. 34 Hun, 167; rev'd 107 N. Y., 83. Annual filing. § 3. Every mortgage filed in pursuance of this act shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or morgagees in good faith, after the expiration of one year from the filing thereof, unless within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed as directed in the first section of this act. Auditor shall record mortgages. § 4. It shall be the duty of the said auditor on the receipt of the mortgage, or copy thereof, to cause every such instrument to * See L. 1883, ch. 69, abolishing the office of auditor, ante, p. 510. be respectively numbered, the time of receiving the same to be endorsed thereon, and the substance thereof to be entered in a book provided for that purpose, entering alphabetically the names of all the parties to such instrument, with the number endorsed thereon opposite to each name; which entry shall be repeated in the index alphabetically under the name of every party thereto, also indexing the name of each boat mortgaged, with the number of the mortgage opposite to each; which book of mortgages and index shall always, during office hours, be open for the inspection of all persons desiring to examine the same. When preferred liens. § 5. All claims and liens by chattel mortgage which shall be filed as herein provided, shall, from the time of such filing, have preference and priority over all other claims and liens, but shall not have any priority over existing claims and liens. Certified copies, evidence. § 6. A copy of any such original instrument, or of any copy thereof, so filed as aforesaid, including any statement made in pursuance of this act, certified by the auditor or his deputy, may be read and used as evidence in all courts of justice, but only of the fact that such instrument or copy and statement was received and filed according to the endorsement of the register thereon, and of no other fact; and in all cases the original endorsement by the clerk, or register made in pursuance of this act, upon such instrument and copy, shall be received in evidence of the facts stated in such endorsement. Fees of auditor. § 7. The auditor aforesaid shall designate a clerk, who shall act as register, and the auditor shall be entitled to receive the following fees for services under this act, for the use of the state; for filing each instrument or copy and entering the same in a book as aforesaid, twenty-five cents; for searching for each paper, twenty cents; and the like fees for certified copies of such instruments or copies, as are allowed under existing laws to be charged by the auditor for copies and certificates of record kept in the canal department; and the said auditor shall not be obliged to file or enter, or cause to be filed or entered, any mortgage or copy thereof, until the fee provided under this section is paid. Change of names of boats and hailing places. § 8. The auditor aforesaid shall not grant permission to change the name or hailing place of any canal-boat, steam-tug, scow or other craft navigating the canals of this state, upon which there is an existing lien or mortgage filed in the canal department, unless it shall be necessary to make the name or hailing place conform to the United States custom-house regulations, by reason of a change of name on the canal, after having been registered at the custom-house; and any boat, steam-tug, scow, or other craft found navigating the canals of this state, the registered name or hailing place of which shall have been changed without the written permission of the auditor of the canal department, shall, upon due proof thereof, pay a fine not less than fifty nor more than three hundred dollars. L. 1879, Chap. 171—An act to provide for discharging chattel mortgages. How discharged of record. SECTION 1. Whenever any mortgagor, or any person obtaining title to mortgaged property, shall present to any recorder, county or town clerk, in whose office a chattel mortgage executed by said mortgagor on such property may be filed, a certificate from the mortgagee therein named, or the holder or owner thereof, that such mortgage is paid or satisfied, it shall be. the duty of such recorder or either of the clerks above mentioned, to file such certificate in his office and discharge such mortgage, by writing in the book kept by such recorder or either of such clerks, and opposite the entry therein of such mortgage, the word "discharged" with the date thereof. L. 1887, Chap. 528—An act in relation to the registry of boats navigating the canals of this state. Comptroller's duties transferred to superintendent of public works. SECTION 1. All the powers and duties of the comptroller in relation to the registry of boats navigating the canals of this state, and to the changing of the registered names of such boats, are hereby transferred tc and made incumbent upon the superintendent of public works. TITLE 3. Six per cent to be terest. TITLE III. Of the Interest of Money. SEC. 1. Rate of interest to continue at seven [six] per cent. 2. Prohibition against taking greater interest. 3. Persons paying greater interest may recover it back in one year. 5. Contracts, etc., for greater rate, void. 6. Offenders compelled to answer bills of discovery. 7. Discovery and return of excess, to exonerate from further penalty. 8. Party filing bill not to pay interest on sum loaned; nor to pay principal. 9. How months and days to be considered in casting interest. 10. Interest to be calculated by the year, when no time for that purpose is stated. SECTION 1. The rate of interest upon the loan or forbearance of rate of in any money, goods, or things in action shall 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 shorter time. But nothing herein contained shall be so construed as to in any way affect any contract or obligation made before the passage of this act. [Thus amended by [772] Greater in hibited. L. 1879, ch. 538.] 12 N. Y., 223; 8 N. Y., 148; 3 N. Y., 502; 32 Barb, 559; 31 Barb, 255; 22 Barb., 118; 17 Barb., 454; 16 Barb., 531; 13 Barb., 343; 11 Barb., 80; 4 Hill, 224; Hill & Denio, 65; 9 Abb., 124; 1 Duer, 369; 1 Wend., 555; 22 How. Pr. R., 5; 20 How. Pr. R., 519; 16 How. Pr. R., 508; 15 How. Pr. R., 29; 7 Johns. Ch. R., 69; 6 Johns. Ch. R., 95, 313; 5 Johns. Ch. R., 134; 3 Johns. Ch. R., 395; 2 Johns. Ch. R., 182; 1 Johns. Ch. R., 537; 40 Barb., 155; 51 N. Y., 48; 15 Hun, 359; 5 Daly, 361; 14 W. D., 92; 16 W. D., 21, 33, 231, 362'; 22 W. D., 195; 21 J. & S., 43; Hun, 129; 30 Hun, 201; 31 Hun, 558; 41 Hun, 47; 81 N. Y., 298; 87 N. Y., 50, 430; 89 N. Y., 412; 90 N. Y., 303, 549, 644; 91 N. Y., 43, 199, 324; 92 N. Y., 34; 93 N. Y., 656; 94 N. Y., 354, 641; 95 N. Y., 428; 34 Hun, 192; 84 N. Y., 471; 86 N. Y., 401; 26 Hun, 104, 546; 105 N. Y., 670. [1 R. L., 64, §§ 1 and 2.] § 2. No person or corporation shall, directly or indirectly, take or terest pro receive in money, goods or things in action, or in any other way, any greater sum or greater value, for the loan or forbearance of any money, goods or things in action, than is above described. Excess paid may be recov. ered back in one year. 21 N. Y., 219, 531; 14 N. Y., 94; 12 N. Y., 229; 9 N. Y., 243; 7 N Y., 328, 367; 5 N. Y., 186, 317; 3 N. Y., 355; 13 Barb., 343; 5 Barb., 42; 2 Barb., 56; 1 Barb., 434, 632; 4 Hill, 211, 224; 1 Denio, 133; 3 Wend., 62; 2 Edw.. 272; 35 N. Y., 494; 51 N Y., 43; 33 N. Y., 61, 83; 33 N. Y., 614; 32 N. Y., 165; 58 N. Y., 308; 50 N. Y., 437; 58 N. Y., 659; 55 N. Y., 621; 4 T. & C., 424; 5 Daly, 304; 65 Barb., 30; 3 T. & C., 511; 5 Daly, 497; 54 N. Y., 630, 647; 6 Hun, 46; 12 Hr.n, 598; 55 How. Pr. R., 19; id., 393; 63 N. Y., 619; 69 N. Y., 248; 65 N. Y., 522; 16 Hun, 307; 52 How. Pr. R., 387; 66 N. Y., 214, 62 N. Y., 344; 14 Hun, 537; 53 How. Pr. R., 319; 5 Abb. N. C., 198 15 Hun, 51; 6 Hun, 233; 74 N. Y., 607; 66 N Y., 446; id., 554; 12 Hun. 574; 70 N. Y., 239; 68 N. Y., 396; 74 N. Y, 516; id., 329; 79 N. Y., 224; 8 Abb. N. C., 390; 77 N. Y., 615; 20 Hun, 153; 22 Hun, 15; id., 164; 80 N. Y., 198; 81 N. Y., 15; id., 352; id., 363; id., 567; 89 N. Y., 270. [The same ] § 3. Every person who, for any such loan or forbearance, shall pay or deliver any greater sum or value than is above allowed to be received, and his personal representatives, may recover in an action against the person who shall have taken or received the same, and his personal representatives, the amount of the money so paid or 50 N. Y., 49; 51 N. Y., 48; 1 Bosw., 163; 7 Bosw., 168, 567; 46 Barb., 22; 3 Hun, 347; [The same.] TITLE 3. be recov overseers § 4. If such suit be not brought within the said one year, and When to prosecuted with effect, then the said sum may be sued for and ered by recovered with costs, at any time within three years after the said of the one year, by any overseer of the poor of the town where such pay- pr. ment may have been made, or by any county superintendent of the 49;50 N. Y., poor of the county, in which the payment may have been made. poor, &c. 49; 1 Bosw., 163. for greater § 5. All bonds, bills, notes, assurances, conveyances, all other con- Contracts tracts or securities whatsoever (except bottomry and respondentia sums void. bonds and contracts), and all deposits of goods or other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured or agreed to be reserved or taken, any greater sum, or greater value, for the loan or forbearance of any money, goods or other things in action, than is above prescribed, shall be void; but this act shall not affect such paper as has been made and transferred previous to the time it shall take effect. [Thus amended by L. 1837, ch. 430.] 51 N. Y., 48; 43 N. Y., 197; 20 Barb., 687; 10 Paige, 76, 580; 9 Paige, 197, 226; 1 Sandf compelled to discover. 28 Hun, 7. § 6. Every person offending against the provisions of this title, Offenders shall be compelled to answer on oath any bill that may be exhibited against him in the court of chancery, for the discovery of any sum of money, goods or things in action so taken, accepted or received, in violation of the foregoing provisions, or either of them. [1 R. L., 64, § 4.] further penalty. § 7. Every person who shall discover and repay or return the Discovery, money, goods, or other things so taken, accepted or received, or the to bar value thereof, shall be acquitted and discharged from any other or further forfeiture, penalty or punishment, which he may have incurred, by taking or receiving the money, goods or other thing so discovered and repaid, or returned, as aforesaid. Borrower filing bill to pay not on sums loaned. § 8. Whenever any borrower of any money, goods or things in action, shall file a bill in chancery for a discovery of the money, goods or things in action, taken or received, in violation of either of the foregoing provisions, it shall not be necessary for him to pay, or [773] offer to pay, any interest whatever on the sum or thing loaned; nor principal shall any court of equity require or compel the payment or deposit, 30 Barbe of the principal sum, or any part thereof, as a condition of granting 6277 Hill, Not to pay borrowed. 393; 11 relief, to the borrower, in any case of a usurious loan forbidden by Wend., 39; this chapter. TITLE 3. 10 Paige, 588; 3 Paige, 531, 2 T. & C., Hun, 369; 91 Months and days, how to be 543; Cl. Ch., 482; 10 Wend., 113; 2 N. Y., 131; 6 N. Y., 107; 49 N. Y., 373; 37 N. Y., 454; § 9. For the purpose of calculating interest, a month shall be considered the twelfth part of a year, and as consisting of thirty days; reckoned and interest for any number of days, less than a month, shall be estimated by the proportion which such number of days shall bear to thirty. How interest to be in certain cases. § 10. Whenever, in any statute, act, deed, written or verbal concalculated tract, or in any public or private instrument whatever, 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 the words "per annum" or "by the year," had been added to such Wend., 360; rate. 7 Paige, 600; 6 Paige, 161; 611; 24 112 3 Hill, 564; 4 Hill, 35, 119, 468, 567; 5 Hill, 523, 547, 608. L. 1837, Chap. 430– An act to prevent usury. [Section 1 amends part 2, ch. 4, title 3, § 5, of the Revised Statutes ] Plaintiff may be examined. § 2. Whenever in an action at law the defendant shall plead or give notice of the defence of usury, and shall verify the truth of his plea or notice by affidavit, he may, for the purpose of proving the usury, call and examine the plaintiff as a witness, in the same manner as other witnesses may be called and examined. 2 Denio, 159; 6 Hill, 223; 5 Hill, 523, 548, 608; Hill, 35, 567; 3 Hill, 564; 7 Paige, 598. Offenders may be compelled to answer. § 3. Every person offending against the provisions of the said title, or of this act, may be compelled to answer on oath any bill that shall be exhibited against him, in the court of chancery, for relief, or discovery, or both. 1 E. D. Smith, 7; 6 Paige, 627. Offer to pay principal and interest. § 4. Whenever any borrower of money, goods or things in action, shall file a bill in chancery for relief or discovery, or both, against any violation of the provisions of the said title or of this act, it shall not be necessary for him to pay or offer to pay any interest or principal on the sum or thing loaned; nor shall any court of chancery require or compel the payment or deposit of the principal sum or interest, or any portion thereof, as a condition of granting relief or compelling or discovering to the borrower in any case, usurious loans forbidden by said title or by this act. 49 N. Y., 373; 37 N. Y., 454; 14 N. Y., 131; 3 N. Y., 499; 1 N. Y., 278; 30 Barb., 627; 14 Barb., 144; 1 Barb., 278; 3 Paige, 528; 7 Hill, 391; 91 N. Y., 535. Power of court of chancery. § 5. Whenever it shall satisfactorily appear by the admissions of the defendant, or by proof, that any bond, bill, note, assurance, pledge, conveyance, contract, security, or any evidence of debt, has been taken |