Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1858-06-05

ed shall be- fled in the Office Of the
CLERK of the District Court Of thecoun-
ty in which the principal place Of bust
ness of the partnership shall be, situa-
ted, and shall also be recorded by him
at large in a book to be kept for that
purpose, open to public inspection. II
the partnership shall have places of bu-
siness in different counties, a transcript
of the certificate and of the acknowl-
edgment thereof, certified by the Clerk
i'm whose office it shall be filed, under
his official seal, shall be filed and re-
corded in like manner in the Office Of
the Clerk Of the District Court of eve
ry such county. ss.safia'hg 70 sai
81. At the time Of filing the orig
inal certificate, with the evidence of
the acknowledgement thereof, as before
directed, an affidavit Of one or more of
the general partners shall befled in the
same office, stating that the sums spe-
ci6c in the certificate to have been con-
tributed by each Of the special partners
to the common stock, have been actu-
ally and in good faith paid in cash
IS. No such partnership shall be
deemed to have been formed until GER
tifcate shall have been made, acknowl-
edged, filed and recorded, nor until an
affidavit shall have been fled, as above
directed, and if any false statement be
made in such certificate or affidavit, all
the persons interested in such partner
ship shall be liable for all the engage
ments thereof as general partners.
50. The partners shall publish the
terms Of the partnership when register
ed, for at least SIX weeks Immediately
after such registry in two newspapers
to be designated by the Clerk of the
District Court of the county in which
such registry shall be made, and to be
published in the Senatorial District in
which their business shall be carried Oh,
and if such publication be not made the
partnership shallssbe deemed general.
$40. Athdavits Of the publication
Of such notice by the printers of the
newspapers in which the same shall be
published, may be fled with the Clerk
of the District Court directing the same,
and shall be evidence Of the facts
therein contained. za1 s.r
S11. Every renewal or continuance
of such partnership beyond the time
originally fixed for its duration, shall
be certified. acknowledged and recorded,
and an affidavit of a general partner be
made and fled, and notice be given, in
the manner herein required for its orig
inal formation, and every such partner
ship which shall be otherwise renewed
or continued, shall be deemed gener-
al partnership, r.. -.g.-r W., 80
II. Every alteration which shall
be made in the names Of the partners,
in the nature of the business, or in the
capital or shares thereof, or in any 9TH
err matter specified in the original GER
shall be deemed dissolution
Of the partnership, and every such part
nership, which shall in any manner be
carried on after any sush alteration
shall have been made, shall be deemed
a general partnership, according to the
provisions Of the last section.
s 10. The business Of the partner
ship shall be conducted under firm,
in which the names Of the general part
ners only shall be inserted, without the
addition Of the word Company" or
any other general term, and if the name
Of any special partner shall be used in
such firm, with his priority, he shall be
deemed general partner.
S14. Suits in relation to the bust
ness Of the partnership may be brought
and conducted by and against the gen.
cral partners in the same manner as if
it were no special partnership.
9 -. No part Of the sum which any
special partner shall have contributed
to the capital stock, shall be Withdrawn
by him or paid or transferred to him,
in the shape Of dividends, profits or
otherwise, at any time during the con-
tinuance of the partnership, but any
partner may annually receive lawful in
terest on the sum so contributed by
him, if the payment Of such interest
shall not reduce the original amount Of
such capital, and if after the payment
of such interest and profits shall remain
to be divided, he may also receive his
portion Of such profits. ..-- -.,-..
5 l6. If it shall appear that by the
payment of interest or profits to any
partner the original capital has been re-
duced, the partner receiving the same
shall be bound to restore the amount
necessary to make good his share Of
capital, with interest.
5 IT, A special partner may from
time to time examine into the state and
progress Of the partnership concerns,
and may advise as to their management,
but he shall not transact any business
on account Of the partnership, nor be
for that purpose as agent, at
torney or otherwise. If he shall inter-
fere, contrary to these provisions, he
shall be deemed general partner.
Si18. The general partners shall be
liable to account to each other, and to
the special partners, for their manage
ment Of the concern, both in law and
equity, as other partners now are by
law. &3g II
) 10. Every partner who shall be
guilty Of any fraud in the affairs of the
partnership, shall be liable civilly to the
party injured to the extent Of his dam
age, and shall also be liable to an in
dictment for misdemeanor, punisha-
III l. - - :