1845.

LAWS OF MARYLAND.

CHAP. 352.

Passed Mar.
10, 1846.

CHAPTER 352.

A supplement to an act entitled, an act against Excessive
Usury.

Person to set
out the sum
fully with in-
terest.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That in any suit or action hereafter to be
brought in any court of law or equity in this State, upon
any bond, mortgage, bill obligatory, bill of exchange,
promissory note, or other evidence of debt, or upon any
contract, agreement or assurance, whether the same re-
late to the loan of any monies or tobacco, wares, mer-
chandise, or other commodities, in which any person or
persons shall seek to avail him, her or themselves, of the
provisions of the act of Assembly, passed at September
session, seventeen hundred and four, entitled, an act
against excessive usury, it shall be incumbent on such,
person or persons specially to plead the same, and in
such plea to state and set out the sums, both principal
and interest, actually and fairly due upon such bond, mort-
gage, bill obligatory, bill of exchange, promissory note,
or other evidence of debt, contract, or agreement or assur-
ance, estimating the principal debt actually loaned or
contracted for, with interest thereupon, at the rate of six
per cent, per annum.

Jury to ascer-
tain, &c.

SEC. 2. And be it enacted, That upon the trial of any
issue or issues upon such plea in any court of law in
this State, it shall be the fluty of the jury to ascertain
the amount of such principal and interest due upon said
bond, mortgage, bill obligatory, bill of exchange, pro-
missory note, or other evidence of debt, contract, agree-
ment or assurance, as aforesaid, and to render their ver-
dict for the same, upon which said verdict it shall be the
duty of the said court to render judgment in favor of the
plaintiff or plaintiffs in said action.

Chancellor to
ascertain.

SEC. 3. And be it enacted, That upon the trial of any
such issue in the court of chancery, or in the county
courts, sitting as courts of equity, in this State, it shall
be the duty of the Chancellor, and of the judge or judges
of said courts respectively, to ascertain the amount of
principal and interest due as aforesaid, and to decree ac-
cordingly.

Plaintiffs ad-
judged to pay
costs.

SEC. 4. And be it enacted, That if at the time of plead-
ing as aforesaid, or upon the trial of the issue thereupon,
the defendant or defendants shall lender to the plaintiff
or plaintiffs in said suit or action, the sum alledged to be
due as aforesaid, and the costs which may have accrued