1. Interest may be charged or deducted at the rate of six per centum per annum, and the same may be calculated according the standard laid down in Rowlett's Tables. to 2. No plea of usury shall be available against any legal or equitable assignee or holder of any bond, bill obligatory, bill of exchange, promissory note, or other negotiable instrument, where such assignee or indorsee or holder shall have received the same for a bonâ fide and legal consideration, without notice of any usury in the creation or subsequent assignment thereof. Art. 95, s. 1. 29 Md. 473; 45 J. 44; 10 G. & J. 300. Id. s. 2. 1824, c. 200. usury not 4 H. & J. 507. 1704, c. 69, s. 1. What deemed 24 d. 62; usury. 3. If any person shall exact, directly or indirectly, for loan of Id. s. 3. any money, goods, or chattels, to be paid in money above the value of six dollars for the forbearance of one hundred dollars for one year, and so after that rate for a greater or lesser sum, or for a longer or shorter time, he shall be deemed guilty of usury. 30 Md. 485. 1845, c. 352, s. 4. 27 Md. 362; 35 4. Any person guilty of usury shall forfeit all the excess above Id. s. 4. the real sum or value of the goods and chattels, actually lent or Penalty. advanced, and the legal interest on such sum or value, which for- Ma. 262: 36 Md. feiture shall inure to the benefit of any defendant who shall plead 75, 86; 45 Md. usury and prove the same. 181; 38 Md. 1, 546; 47 Md. 391. 1845, c. 352, s. 1. state. What plaintiff 5. Every plea of usury shall state the sum of money or the value Id. §. 5. of the goods and chattels lent or advanced, with the time at which What plea' shall the same was so lent or advanced, and the plaintiff shall be entitled to recover the sum of money or the value of the goods and chattels actually lent or advanced, with legal interest from the time the same was so lent or advanced. to recover. 9 Gill. 137, 302. of action when debt discharged. 45 Md. 546; 47 Md. 395. 6. Provided, however, that nothing in the preceding sections of 1976, c. 358. this article shall be so construed as to make usury a cause of action Usury no cause in any case where the bond, bill obligatory, promissory note, bill of exchange, or other evidence of indebtedness, has been redeemed or settled for by the obligor or obligors, in money or other valuable consideration, except that of a renewal in whole or in part of the original indebtedness, but this section shall not apply to any cases of claims or suits now instituted by assignees in bankruptcy. Art. 32, s. 1. 1812, c. 135, s. 1. ognized as ARTICLE XXXVII. 1. What coins recognized as currency. CURRENCY. 2. In what accounts to be kept, etc., and pro- 3. In what judgments, decrees, etc. 4. Who may issue notes for circulation. 5. Who may not; penalty. 6. Penalty on person licensed, for circulating. 7. Who exempt from penalty. 8. Law to be construed liberally. 9. Penalty for circulating notes of banks of other States less than five dollars. 10. Penalty, how disposed of. 11. Offender to be committed on non-payment. 1. The species of coins which have been and which may be What coins rec- struck at the mint of the United States, and the rates of foreign coins as have been or shall be severally regulated and established by Congress, shall be taken and recognized as the currency of this State. currency. 25 Md. 146, 575; 26 Md. 8:29 Md. 483; 33 Md. 500. Id. s. 2. 1812, c. 135, s. 2. In what accounts to be kept in, and proceedings in court. 25 Md. 146. Id. s. 3. c. 5. 2. All accounts in this State shall be expressed in dollars and cents, and all accounts in the public offices and all proceedings in the courts of this State shall be kept and had in conformity with this regulation. 3. All judgments and decrees in suits and actions to be rendered 1812, c. 155,853 and passed in any court of law or equity, or by any justice of the peace in this State, and all penalties, fines, and forfeitures shall be rendered, given, made, or imposed in dollars and cents. In what, judg ments, decrees, etc. 26 Md. 8. 21; 29 Md. 483. 4. No person or association of persons, or corporation, except the banks of this State, shall issue or put in circulation any promis Sory note, order, bill, evidence of debt, or other paper security, and any person so offending shall forfeit and pay twenty dollars for each offence. 5. No person or association of persons shall pay out, pass, or circulate any such promissory note, bill, order, evidence of debt, or other paper security, under the penalty of twenty dollars for each offence. 6. No ordinary keeper, trader, or retailer, or other person who buys and sells under a license issued under the laws of this State, shall issue, pay out, or receive any such bill, note, order, evidence of debt, or paper security as are referred to in the two preceding sections, upon pain of forfeiting his license, and no new license shall be granted to any person convicted of violating this section. 7. No person shall be liable to the penalties imposed in the preceding sections of this article who can show that the note or evidence of debt he issued, passed, or received, was a real bonâ fide evidence of debt, and not intended to circulate as money, nor shall anything contained in the said sections apply to the issues of the banks of this State, or to the lawful issues of banks chartered by another State, District, or Territory. 8. The preceding sections of this article in relation to the issuing or circulating of promissory notes, orders, bills, evidences of debt, and other paper securities, shall receive a liberal interpretation to suppress the mischief, and any note, bill, order, or other writing designed or used as money or currency, shall be considered a paper security within the meaning of the said sections, and the forfeitures imposed in said sections shall be recovered before a justice of the peace as small debts, one-half to the informer and the other half to the State. in 1818, c. 191; 1841, c. 302; 1842, c. 251, s. 4; 1844, c. 111; 1852, c. 235, s. 1. Penalty for circulating notes of banks of other States less than five dollars. 9. It shall not be lawful for any person, firm, or association of Id. s. 9. persons, corporation, or body politic, to pay out, circulate, or receive 1820, c. 150, s. 1; in payment of any debt, any bank note, promissory note, or other 1823, c. 147; obligation payable to bearer, or indorsed in blank or to bearer, or any other note, token, scrip, or device whatsoever, devised or tended for circulation as currency, issued without the limits of this State, of a less denomination than five dollars, under a penalty of five dollars for each offence, to be recovered by an action of debt in the name of the State before any justice of the peace of the State; and it shall not be lawful for any bank, savings institution, corporation, or body politic of this State, or for any person or association of persons, to make, issue, or pay out any note or device of the nature and character described in this section of a less denomination than five dollars, under the penalty prescribed in this section for each offence, and to be recovered in the same manner. 10. One-half of the penalty recovered in any case under the preceding section shall go to the informer, and the residue shall be paid to the collector of county or city taxes, for the use of the county or city where the same may be prosecuted for; and in all cases the informer shall be a competent witness. 11. If any person against whom any judgment may be rendered for the penalty provided by the ninth section of this article shall not immediately pay the same and the costs of the prosecution, or give security satisfactory to the justice rendering the judgment for the payment, he shall be committed to prison, there to remain until the same shall be paid, or until the expiration of ten days from the date of the commitment, whichever shall first occur. a. s. 10. 1852, c. 235, s. 2. Penalty, how disposed of. Ia. s. 11. 1852, c. 235, s. 3. Offender to be committed on non-payment. TITLE XXII. Maritime Regulations. ARTICLE 38. SEAMEN. ARTICLE 39. PILOTS. Art. 85, s. 1. 1856, c. 198, s. 1. Penalty for harboring, secreting or persuading to desert. Id. s. 2. 1856, c. 198, s. 2. Warrant for search. Seaman to be delivered to master of vessel. Id. s. 4. ARTICLE XXXVIII. SEAMEN. 1. Penalty for harboring, secreting, or per- 5. Master of vessel may arrest. 2. Warrant for search; seamen to be delivered 3. Keeper of a boarding-house, etc., going on 4. Penalty. 6. Party charged to prove permission to board. 7. When pay of seamen to be reduced. 8. Copy of articles evidence of seamen having signed. 9. Testimony of master or other transient person, how taken; proviso. 1. Any person, either on shipboard or on shore, who shall harbor or secrete, or who shall in any way assist in harboring or secreting, a seaman who shall have signed shipping articles to proceed on a voyage, or who shall persuade, or in any manner cause such seaman to desert or disregard the articles which he has signed, shall on conviction be punished by a fine and imprisonment, at the discretion of the judge who tries the case; the fine to be not less than fifty dollars, nor more than three hundred dollars, and the imprisonment to be not less than one month, nor more than six months. 2. Any justice of the peace may, on complaint on oath being made by the master of a vessel, or some person in his behalf, that a seaman or boy apprenticed has deserted from his vessel, and that he is harbored, secreted, or detained, issue a warrant under his hand and seal to cause search to be made in any place wherein the said seaman or apprentice is supposed to be harbored or secreted, and shall cause such seaman or apprentice when found to be delivered to the master of the vessel to which he belonged, or the person acting in his behalf. 3. Any master or keeper of a boarding or lodging-house for seamen, any servant, agent, or other person in their employment, broker, shipping-master, or other person engaged in the business of without permis- procuring and furnishing seamen for vessels, who shall go on board misdemeanor. of any vessel in any of the harbors of this State without having sion, guilty of a previously obtained permission of the master or other person having charge of the vessel, shall be deemed guilty of a misdemeanor. 1856, c. 198, s. 5. 4. The class of persons above named, on conviction for unlawfully Id. s. 5. going on board a vessel, shall be fined not less than fifty nor more Penalty. than three hundred dollars, and be imprisoned not less than one month, nor more than six months, at the discretion of the judge who tries the case. 1856, c. 198, s. 6. may arrest. 5. Any master or person in charge of a vessel shall have power Id. s. 6. to seize and arrest on board his vessel any of the class of persons Master of vessel above mentioned who are prohibited from going on board of any vessel in this State, and to take them before any justice of the peace to be dealt with according to law. to 6. At the trial of any person for going on board a vessel without permission first had and obtained, it shall be incumbent on him prove that he had received permission to enter; in default of his proving this, he shall be considered as having entered without permission, and found guilty accordingly. Id. s. 7. 1856, c. 198, s. 7. to prove permission to board. Id. s. 8. 1856, c. 198, s. 8. When pay of 7. If any person shall ship as a first-class or ordinary seaman, and upon trial prove to be incapable of performing the duties of the situation for which he shipped, his pay shall be reduced to the pay reduced. of that grade for which he shall have been found competent. seaman to be 1856, c. 198, s. 9. 8. A copy of the articles of any vessel, authenticated by the Ia. s. 9. affidavit of the captain, sworn to before any justice of the peace or Copy of articles notary public, shall be admissible in evidence to prove the fact that evidence of seaany seaman whose name appears subscribed thereto has actually signed. signed said article. man having Id. s. 10. Testimony of case, transient per 9. When the testimony of any master of a vessel, or other transient person, shall be deemed by a justice of the peace before whom a prosecution is commenced, to be necessary at the trial of the such justice of the peace shall have power, after five days' notice to son, how taken, the party accused, to summon such witnesses before a justice of the peace to give evidence in the same manner as if examined in open court; the accused having the right to cross-examine the witness; the evidence shall be certified and sealed up by the justice of the peace, and shall be used on the trial of the case; provided the party Proviso. prosecuting makes oath that the witness whose examination has been taken is not at the time of the trial within the jurisdiction of this State. |