Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-25

DIN OF mem 10 the c8p1t81, 00S We D0mb3r Oh
= SPECIAL partners shall In No paYtnersAip sxSsea
SIC D. ana be IL JxrfAer enacted, That per.
.ens desiroes OF forming .ucA partnerships
which snall contain the name or firm under
which such partnership 10 70 ~ coudu cced the
general nature Of the business intended to be
transacted; the names OF all the general and
special partners interested therein, iisrin
ing which are general and which are spec al
partners. and their respective places OF resi-
partner shall have contributed to the corn m on
stock, the period At which the parSnershipis 20
commence, and the period At which IL Is TO ter
min ate.
SIC. T. And be IL further enacted That the
certificate shall be scknowIedg by thesev eral
persons signing the same before q notary public
or Judge OF any court in the District of Co.
lumoia, and such Acknowledgements shall be
mace ana cernfed in the same man ner as the
acknowledgements of deeds of land, and when so
aeknowledsed and certified shall be filed in the
ofiice of the clerk of the supreme court Of the
District of Columbia, and shall be recorded by
him at large in a book kept for THAI purpose,
open TO public inspection.
SEC. 5. And be further enacted. That AZ the
time OF fling the original certificate, with the
evidence OF the ack now led gmep t thereof as be-
fore directed, an affidavit of one or more OF the
general partners shall also be fled ID ere with in
The same once, stating that the sums specified
IN the certificate to have been contributed by
each Of the special partners to the common
stock have been actually and In good faith paid
in cash. .
SEC. 6. And be itftrthey enacted That no such
partnership shall be deemed to have been
formed until a certifisate shall have been made
acknowledged, filed, and recorded, nor until an
affidavit shall have been made and filed as
above directed; and il any false statement
(pot the result Of accident or mistake) shall be
made in such certificate or affidavit all IN e
persons interes ed in such partnership shall
be liable for all the engagements thereof as geA-
eral partners.
SEC. ?. And be it further enacted, That the
partners shall publish the terms of the part.
nership, when registered, three times q wee X
for AT least four weeks, Immediately after sucn
registry, in two newspapers to be designated
by the clerk Of the court In which such regis
try shall be made, the first publication to an.
pear within one week after the registry, and
If such publication be not made the partner
chip shall De deemed general The affidayits
OF the publication of such notice by the ed
i ,s or publishers OF the newspaper: in which
filed with the clerk directing the same and
shall be prIma facie evidence OF the facts
therein contained; the affidavit Of any one ed.
ltor or publisher or each newspaper being suf-
hcIent.
SEC. g. And be it further enacted. That every
renewal or continuance OF such partnership
beyond the time originally fxed for its dura-
ton shall be certified, ackno wledged and re.
corded, and an affidavit Of a general partner
be made and flied, and notice be given in the
manner herein required for its original forma-
ton; and every such partnership which shall
be otherwise renewed and continued shall be
deemed general partnership.
enacted. 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
otner matter specified in the original certif-
cate, shall be deemed dissoluti ton of the part
nersn1p ana every such partnership which
ohall in any manner be Carried on after any
such Iteration shall have been made shall be
deemed general partnership, unless renewed
as special partnership, under the pro visions
of the last p receding section.
SIC. 10. And be IL further enacted, That the
re htv,v, -
under the name Of any one or more of the gen
eral partners, and with or without the addi-
ton OF the word Co. or company, as the par
ties may determine; and in any action or suit
10 be brought on any contract or engagement
OF the partnership, or to enforce any liability
OF the same, the general partner or partners
whose name or names shall be used in said
firm or business shall be the only necessary
defendants: and any judgment or decree re-
covered against said defendant or defendan Is
shall b ave the same legal effe CT and operation
and execution thereon shall be enforced and
nave like effect against the partnership assets
as II the Judgment or decree had been recoy.
cred against the general partners.
SIC. IL. And Be IL further enacted, That if the
name OF any special partner shall be used ia
the firm with his privity he shall be deemed
general partner, and the general partners
only shall transact the business; and IL a
special partner shall interfere, contrary to
this provision, he shall be deemed a general
partner, but he may from time TO time exam.
inc INTO the state and progress Of the partner
ship concerns and advise as to their manage.
ment.
SEC. 12. And be it further enacted, That no part
have contributed TO the capital stock shall be
Withdrawn by him or paid or transferred TO
him in the shape OF DIVIDENDS, profits, or other
wise, during the continuance of the partner.
ship, but any partner may annually receive
lawful interest on the sum so contributed by
MIN II the payment Of such interest shall not
reouce the original amount or such capitaI:
and II, after payment Of such interest, and
profits shall remain to be divided he may also
receive his portion OF such profits.
SEC 10 And be Il further enacted That if it
shall appear that. by the payment OF interest
or profits TO any special partner, the original
capital has been reduced, the partner receiving
tne same snalI be bound to restore the amount
necessary TO make good his share Of capital
with interest," on being notified thereof.
SEC IA. And be ii further enacted. That eyery
sale. assignment, or transfer OF any property or
effects of such partnership, or Of any general
partner, made by such partnership or general
partner when insolvent or in CONTEMPLATION of
insolvency, CT after or in contemplation Of the
insolvency OF any general partner, with the
intent OF giving preference TO any creditor of
such partnership or insolvent partner and
every judgment confessed, lien created, or
security given BY such partnership or general
partner under the like circumstances and with
like intent, shall be void as against the creditors
OF such partnership.
SEC. Is. And be 1t further enacted, That eyerv
special partner who shall violate any of the
provisions of the last two sections, or who
snail concur in or assent to any such violation
W INC OF Dy any individual DART.
ner, shall be liable as q general partner
SEC 10. ind te itfurther enacted, That in case
ofthe insolvency or bankruptcy Of the pan
nership, no special partner shall, under any
circumstances, be allowed to claim as a credi
tor until the claims Of all the other creditors
OF the partnership shall be satisfied
SIC. IL. and be IL further enacted, That ali
SUITS respecting the business of the partnership
snail be brought by and against the general
partners only, except in those case in which
provision is hereinbefore made that special
partners shall be deemed general partners ard
special partnerships general partnerships
when all persons so becoming general part
mere may be joined with those originally gem
eral partners in any suit brought against uch
partnerships, and except also, the case pro.
vlded for In section number ten.
SIC. 10. And be IL further enacted, That it, in
any case or suit brought against general and
special partners, and at the trial Of the canse
IL snail appear that the special partners or any
OF them are not liable TO the writ of the plain.
I'm, the court NAV proceed TO judgment or de-
cree against The partners who NAV appear 70
De liable, In the same manner as If such part.
ners were the only parties defendants to the
writ, excepting that the partners who may be
deemed not liable shall recover their legal costs
against the PLAINTIFF; and if creditors shall
have recovered judgment or obtained de.
cree against general partners only. and shall
afterwards discover that special partners ar