(单词翻译:单击)
USURPER1, government. One who assumes the right of government by force, contrary to and in violation2 of the constitution of the country. Toull. Dr. Civ. n. 32. Vide Tyranny,
USURY3, contracts. The illegal profit which is required and received by the lender of a sum of money from the borrower for its use. In a more extended and improper4 sense, it is the receipt of any profit whatever for the use of money: it is only in the first of these senses that usury will be here considered.
2. To constitute a usurious contract the following are the requisites5: 1. A loan express or implied. 2. An agreement that the money lent shall be returned at all events. 3. Not only that the money lent shall be returned, but that for such loan a greater interest than that fixed6 by law shall be paid.
3. - 1. There must be a loan in contemplation of the parties; 7 Pet. S. C. Rep. 109, 1 Clarke R. 252; and if there be a loan, however disguised, the contract will be usurious, if it be so in other respects. Where a loan was made of depreciated7 bank notes to be repaid in sound funds, to enable the borrower to pay a debt he owed dollar for dollar, it was considered as not being usur-ious. 1 Meigs, R. 585. The bona fide sale of a note, bond or other security at a greater discount than would amount to legal interest, is not per se, a loan, although the note may be endorsed8 by the seller, and he remains9 responsible. 9 Pet. S. C. Rep. 103; 1 Clarke, R. 30. But, if a note, bond; or other security be made with a view to evade10 the laws of usury, and afterwards sold for a less amount than the interest, the transaction will be considered a loan; 2 Johns. Cas. 60; 3 Johns. Cas. 66; 15 Johns. R. 44 2 Dall. 92; 12 Serg. & Rawle, 46 and a sale of a man's own note, endorsed by himself, will, be considered a loan. lt is a general rule that a contract, which, in its inception11, is unaffected by usury, can never be invalidated by any subsequent usurious transaction. 7 Pet. S. C. Rep. 109. On the contrary, when the contract was originally usurious, and there is a substitution by a new contract, the latter will generally be considered usurious. 15 Mass. R. 96.
4. - 2. There must be a contract for the return of the money at all events; for if the return of the principal with interest, or of the principal only, depend upon a contingency12, there can be no usury; but if the contingency extend only to interest, and the principal be beyond the reach of hazard, the lender will be guilty of usury, if he received interest beyond the amount allowed by law. As the principal is put to hazard in insurances, annuities13 and bottomry, the parties may charge and receive greater interest than is allowed by law in common cases, and the transaction will not be usurious.
5. - 3. To constitute usury the borrower must not only be obliged to return the principal at all events, but more than lawful14 interest: this part of the agreement must be made with full consent and knowledge of the contracting parties. 3 Bos. & Pull, 154. When the contract is made in a foreign country the rate of interest allowed by the laws of that country may be charged, and it will not be usurious, although greater than the amount fixed by law in this. Story, Confl. of Laws, §292. Vide, generally, Com. Dig. h. t.; Bac. Ab. h. t.; 8 Com. Dig. h. t.; Lilly's Reg. h. t.; Dane's Ab. h. t.; Petersdorff's Ab. h. t.; Vin. Ab. h. t.; 2 Bl. Com. 454; Comyn on Usury, passim; 1 Pt. S. C Rep. Index, h. t.; 1 Supp. to Yes. jr. 307, 337; Yelv. 47; 1 Ves. jr. 527; 1 Saund 295, note 1; Poth. h. t.; and the article Anatocism; Interest.
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usurper
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n. 篡夺者, 僭取者 | |
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2
violation
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n.违反(行为),违背(行为),侵犯 | |
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usury
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n.高利贷 | |
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improper
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adj.不适当的,不合适的,不正确的,不合礼仪的 | |
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requisites
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n.必要的事物( requisite的名词复数 ) | |
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fixed
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adj.固定的,不变的,准备好的;(计算机)固定的 | |
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depreciated
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v.贬值,跌价,减价( depreciate的过去式和过去分词 );贬低,蔑视,轻视 | |
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endorsed
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vt.& vi.endorse的过去式或过去分词形式v.赞同( endorse的过去式和过去分词 );在(尤指支票的)背面签字;在(文件的)背面写评论;在广告上说本人使用并赞同某产品 | |
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remains
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n.剩余物,残留物;遗体,遗迹 | |
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evade
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vt.逃避,回避;避开,躲避 | |
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inception
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n.开端,开始,取得学位 | |
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contingency
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n.意外事件,可能性 | |
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annuities
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n.养老金;年金( annuity的名词复数 );(每年的)养老金;年金保险;年金保险投资 | |
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lawful
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adj.法律许可的,守法的,合法的 | |
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