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the township in which the mortgager resides. Such record is valid for a year only.

In Michigan, filed with the town clerk, and holds for one year only, unless, within thirty days before the expiration. of the year, affidavit is made of the mortgagee's interest in the mortgaged property.

In Indiana, proved or acknowledged, and recorded in the county recorder's office within ten days.

In Illinois, acknowledged and recorded in the office of the county recorder. The mortgage must expressly provide for the possession of the property to remain with the mortgager. It is valid for two years.

In Missouri and Iowa, the mortgage must be acknowledged and recorded as deeds of land; in Iowa, within ten days.

In Wisconsin, a copy must be filed in the office of the town clerk where the mortgager resides, or, if he does not reside in the state, in the town where the property is at the time of executing the mortgage.

In Minnesota, a copy is filed in the office of the county register of deeds; or, if the mortgager is a non-resident of the territory, in the office of the register of the county in which the property is at the time of executing the mortgage.

In California, no mortgage of personal property is valid against other persons than the parties thereto, unless the mortgagee takes the property into his possession.

In those states in which there is no special law on the subject, the question of the validity of a chattel mortgage against third persons, when the property remains with the mortgager, is attended with uncertainty, depending upon the conflicting decisions of the courts.

CHAPTER LIV.

§ 11. Special laws have been passed in nearly all the states for the security of persons performing labor in the construction or repair of buildings, machinery, vessels, &c., and for furnishing materials for the same. They are called mechanics' lien laws. They give to contractors and masterbuilders a lien upon the structures, and upon the lots attached to them, until their claims shall be satisfied. The laws of the different states differ much in their details.

The several periods for which these liens continue, vary from thirty days to several years, at the expiration of which period they cease, unless proceedings are commenced for enforcing them; which is done by attaching the property, or by bringing a suit, or by applying to the proper courts for authority to sell the property, as the one or the other mode of proceeding is prescribed by the law of the state. In most of the states, a lien of this kind does not hold unless the contract is in writing; in many of them they must also be recorded; and in a few, the filing of them is suffi cient. In some states, sub-contractors and journeymen obtain the benefit of this law, by notifying the owner of the premises of their claims against their employers; in which case the owner may pay the journeymen, and retain the same on settlement with the contractor. Or a sub-contractor or a journeyman may, in some states, create a lien upon the premises, by giving written notice to the proprie tor of his intention to furnish materials or perform labor on the building. Liens upon ships or other vessels are usually to be enforced within a few days after the liens shall have accrued.

CHAPTER LVIII.

§ 10. In Maine and Vermont, the legal rate of interest is six per cent. If more is agreed to be taken, only legal interest can be recovered. Usurious interest paid may be recovered back.

In New Hampshire and Massachusetts, the rate is six per cent. The party taking more forfeits three times the amount unlawfully taken.

In Rhode Island, the rate is six per cent. On a usurious contract, the principal and lawful interest can be recovered.

In Connecticut, six per cent. On a usurious contract, only the principal can be recovered. Persons taking usury, forfeit the whole of the interest, one-half to the prosecutor, the other half to the state treasury.

In New York, seven per cent. Contracts whereby a higher rate is reserved, are void. If, however, the principal and interest have been paid, only the excess can be afterwards recovered. Corporations can not set up the defense of usury in this state.

In New Jersey, six per cent. Usurious contracts are void. Persons taking more than the legal rate, forfeit the whole value of the subject matter of the contract, one-half to the state, and one-half to the prosecutor. In Hudson and Essex counties and the city of Paterson, the legal rate is seven per cent., if one or both of the parties reside therein.

In Pennsylvania, six per cent.

Usurious interest can not be recovered; and if paid, may be recovered back.

In Delaware, six per cent. For taking more, the whole debt is liable to forfeiture, one-half to the state, and onehalf to the prosecutor,

In Maryland, six per cent. If more is taken, only the excess over the legal rate can be recovered.

In Virginia, six per cent. Contracts for a greater rate are void; and a penalty is incurred of double the amount of the debt, one-half to the informer.

In North Carolina, six per cent. Contracts reserving a higher rate are void; and the party exacting it is liable to a forfeiture of twice the amount of the debt, one-half to the state, and one-half to the prosecutor.

In South Carolina and Georgia, seven per cent. If more is reserved, the entire interest is forfeited.

In Florida, six per cent., but may be eight by agreement. Usury is punishable by indictment and loss of the whole interest.

In Alabama, eight per cent. In usurious contracts, the principal only can be recovered.

In Mississippi, six per cent. ; for the bona fide use of money, eight per cent. Any rate not exceeding ten per cent. may be taken by agreement in writing. Only simple interest can be recovered when a higher rate is reserved than is allowed by law.

In Louisiana, the legal rate is fire per cent. ; but may be eight by agreement. Bank interest is six per cent. For usury, the entire interest is forfeited.

In Texas, the legal rate is eight per cent.; but as high as twelve may be taken by agreement. If more is reserved than the law allows, no interest can be recovered.

In Arkansas, six per cent.; but any rate not exceeding ten per cent. may be contracted for. Usurious contracts are void.

In Tennessee, six per cent. For exacting more, a person may be fined not less than the amount unlawfully taken.

In Kentucky, six per cent. The usurious excess is void. In Ohio, six per cent. ; but any rate not exceeding ten per cent. may be taken on written agreement. If more is reserved, the excess is void.

In Michigan, seven per cent. Any rate not higher than ten per cent. may be agreed upon for a loan of money. Excess beyond these rates is void.

In Indiana, six per cent. A higher rate can not be recovered; and if paid, may be recovered back.

In Illinois, six per cent. ; for money loaned, it may be ten per cent. Only the legal rates are collectable.

In Missouri, six per cent. ; ten may be agreed upon. A person taking usury, forfeits ten per cent., to be paid for the benefit of the common school fund.

In Iowa, six per cent.; by agreement may be ten. Illegal interest paid, may be recovered.

In Wisconsin, seven per cent.; may be twelve by written agreement. A person paying more than legal rates, may recover treble the amount paid.

In Minnesota, seven per cent. Any rate may be taken by agreement.

In California, ten per cent. Parties may contract for any rate on money due, or to become due, on any contract.

SYNOPSIS OF THE STATE CONSTITUTIONS.

ΜΑΙΝΕ

THE District of Maine, formerly belonging to the state of Massachusetts, adopted in Convention, October 29, 1819, a constitution, preparatory to admission into the Union as a state, and was admitted as such, March 15, 1820. The constitution has received few alterations, among the more important of which are a change in the term of judicial of ficers from the term during good behavior, to the term of seven years, and a change of election of representatives in the legislature by a majority of votes, to election by plurality, or by the highest number of votes.

Electors. Every male citizen of the United States, of the age of twenty-one years, and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having had an established residence in the state three months next preceding the election, is an elector for governor, senators, and representatives. Persons in the military, naval, or marine service of the United States, and students in seminaries, do not acquire a legal residence in any town. Electors, except in cases of crime, are privileged from arrest on the days of election, during attendance at, going to, and returning therefrom; and are exempt from military duty on such days, except in time of war or public danger.

Legislature. The house of representatives consists of one hundred and fifty-one members, apportioned among the several counties according to population. Each town having 1,500 inhabitants, may elect one representative; a town having 3,750 inhabitants elects two representatives; a town having 6,750, elects three; a town having 10,500, elects four; a town having 15,000, elects five; a town having 20,250, elects six; a town having 26,250, elects seven. If the number of 1,500 shall at any time be too large or too small to apportion all the representatives to any county, it is to be so increased or diminished as to give the number of representatives according to the above

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