194 ASSIGNMENT OF CHOSES IN ACTION. [ART 8
1906, ch. 399.
12. Proof of said service, as provided for in the preceding section,
shall be by an admission thereof in writing by the person, firm or cor-
poration, his, their or its agent on the original assignment, which
admission of service shall also be entered by said justice of the peace
upon his docket within two days thereafter.
Ibid.
13. In addition to said acknowledgment to be made by said assignor,
he or she, as the case may be, shall make affidavit that he or she has not
paid, and will not, directly or indirectly, pay more than the legal rate
of six per centum per annum on any sum borrowed, or permit a deduc-
tion from said sum so loaned to him or her at the time of said loan,
or any time thereafter, of more than a sum equivalent to six per centum
per annum for the time said loan is made.
Ibid.
14. The term "assignment," as used in sections 11 to 17, shall
include every assignment, transfer, sale, pledge, mortgage or hypotheca-
tion, however made or attempted, of the wages or salary of any person,
or of any interest therein.
Ibid.
15. Whenever any assignment of the wages or salary of any person
or persons shall be given as security for a loan tainted with usury, or
shall be given to secure the payment or fulfillment of a usurious con
tract or the payment of the principal or interest of a usurious debt, such
assignment shall be absolutely void.
As to interest and usury, see art. 49.
Ibid.
16. Every assignment of wages to be earned in whole or in part
more than six (6) months from and after the making of such assign-
ment, shall be absolutely void.
Ibid.
17. Whenever any person, firm or corporation shall bring, or threaten
to bring any action or suit to enforce any assignment of wages or salary
which has not been duly executed, acknowledged, sworn to and served
upon the employer in conformity with the provisions of sections 11 to
17, or which is declared invalid by the provisions of sections 11 to 17,
courts of equity shall have full power, upon the application either of
the assignor of such wages or salary, or of the person, firm or corpora-
tion from whom such wages or salary is, or is to become due, to per-
petually enjoin the threatened or attempted enforcement of any such
assignment; and the fact that the complainant has a complete and ade-
quate remedy at law shall constitute no defense to the maintenance of
a suit in equity for the purpose aforesaid.
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