edged & recorded. davit to be re limited partnership allowed. the business, the place or places at which the same is to be transacted, and the duration of the partnership. One or more of the general partners shall verify by affidavit the truth of the statement as to the amount paid in by any special partner. § 4. Such statement and affidavit shall be acknowledged To be acknowl or proved before and recorded by the clerk of the county court of any county or counties in which the place or places of business is or are situated, in the same manner as deeds Statement & affi- are acknowledged, proved, and recorded. No limited partcorded before nership shall be deemed to be formed or allowed until such record is made, nor until such statement shall have been published once a week for four successive weeks, in a newspaper printed in each of the places where the business is to be carried on, if there be any such paper published there; and if not, then in the newspaper published in the place nearest thereto. If any part of such statement be false, the special shall be liable as general partners. partnership dissolved. $5. The partnership shall be deemed to be dissolved when When limited there is a change in the partners, in the nature of their business, or a withdrawal of capital, or a diminution thereof, otherwise than by a loss in business, or the defraying of such personal expenses of living as may have been originally agreed for; and if the partnership be thereafter carried on, and such act done with the knowledge of any special partner, it shall, as to him, be deemed a general partnership. Renewals or continuance of. Firm name. § 6. Every renewal or continuance of a limited partnership shall be made, recorded, and published in the same manner as is required for the original statement, except that there need not be any repayment of the cash capital advanced by the special partners. § 7. The business shall be conducted under a firm name, composed exclusively of the name or names of some or all of the general partners, without the addition of the word "company," or any equivalent term. If the name of any special partner be used by the firm with his consent, or if he make any contract or transact any business for the firm, as agent or otherwise, he shall be deemed a general partner. But he may examine the condition of its affairs, and advise as to conducting its business, without so becoming a general partner. capital. § 8. If the whole or part of the capital advanced by a Withdrawal of special partner be withdrawn by him, he shall be responsible to creditors therefor, with interest from time of withdrawal. § 9. If the partnership become insolvent, no special partner shall be paid as a creditor of the firm, or receive the benefit of any lien in his favor as such, until all the other creditors of the firm are satisfied. Rights of credit ors if firm insol vent. among partners 10. No sale, transfer, or charge upon the property or No preference effects of the firm, or any member thereof, made for the valid. purpose of giving a preference or priority to one over others of his or its creditors, shall be valid against its creditors, if made when he or the firm is insolvent, or in contemplation of insolvency. advertised. § 11. No dissolution of a limited partnership, otherwise Dissolution to be than by its terms, or the operation of law, shall take place, unless the same be advertised in the manner herein prescribed by its formation. § 12. The general partners shall sue and be sued, as if they were the only partners, except in cases where the special partner is liable as general partner, when he may be sued with the others, or, if judgment has been obtained against them, he may be sued separately. § 13. Special shall be liable as general partners, unless the firm keeps up, at each of its places of business, a plain and legible sign, giving the style of the firm, with also the words "Limited Partners." General partners sued. only to sue or be A sign with the words "Limited CHAPTER 83. PATROLS. Appointment and Duties of 1. County courts may, once in each year, divide their respective counties into as many districts as the public peace and good order of society may require, and appoint in each district a company of patrols, to consist of one captain and not exceeding three men, to continue in service twelve months, unless removed by the county court for neglect of duty or improper conduct. None but discreet and sober men shall be appointed patrols; they shall take an oath before a justice of the peace faithfully, impartially, and dili 2 R. S., 196. Patrols to be ap pointed by the County court in each year. gently to perform the duties of patrols. But patrols shall have jurisdiction co-extensive with the whole county. § 2. The county court shall prescribe the number of hours Hours of service. in each month the said company shall be on duty in their bounds. § 3. Patrols shall visit all suspected places and places of to be visited by. unlawful assemblies within their respective precincts. Suspected places county levy. § 4. Patrols shall each be paid by order of the county Paid out of the court, out of the county levy, a sum not exceeding one dollar for each ten hours they may have been purposely engaged in the performance of their duties. At the court of claims for the county patrols shall present their claims for services, specifying the number of hours each has been engaged, and verified by the oath of the patrol, upon which the court shall fix the amount to be paid. Acts 1853, 54. Who shall be CHAPTER 84. PEDDLERS. Duties of Tax on license-Penalties-Duties of Clerks and other officers Fees. § 1. All itinerant persons vending goods, wares, and merchandise, clocks, jewelry, gold, silver, or plated ware, spectadeemed a peddler cles, drugs, nostrums, perfumes, or any other thing; or any person or persons who shall, under color of bona fide merchants, take up a temporary residence in any one of the counties, towns, or cities of this Commonwealth, for the purpose of disposing of their goods, wares, and merchandise, of whatsoever kind, either at auction or retail, shall be deemed peddlers. dling without li cense. § 2. Any person offering to sell or peddle any of the Penalty for ped- above enumerated articles, or other things, as herein contemplated, without first obtaining a license so to do, as before prescribed, shall be deemed guilty of a misdemeanor; but this section shall not apply to merchants or their agents selling by sample. § 3. Nothing herein contained shall affect any local laws cities and towns. in relation to cities or towns. Local laws of the Acts 1857, 73. License to peddle -by whom & to whom granted. § 4. It shall be lawful for the county courts of this Com monwealth to grant a citizen of the United States a license to peddle in the State at large or in any one or more of the counties of this State, upon the applicant paying a tax on such license as follows: for the State at large, one hundred Extent thereof. dollars per annum; for one or more counties, sixty-five cents for each one hundred voters in the county or counties named in the license, for a license to peddle three months in any such county or counties. § 5. Before any such license shall be granted, the applicant shall prove in open court, by at least two credible witnesses, that he is of good moral character; all of which, together with a description of the applicant, shall be entered of record upon the orders of the court; and thereupon, the court, by its order, shall direct its clerk to issue a license to the applicant, in which the orders of the court and a description of the applicant shall be embraced, and the seal of the court affixed, for which the applicant shall pay a tax of fifty cents, and to the clerk a fee of one dollar and fifty cents. Character of ap plicant shown to court, & descripembraced in the tion of the man grant. License to be shown to each county clerk. § 6. Before peddling in any county other than that in which the license is granted, the peddler shall present his license to the clerk of such other county, who, upon being satisfied of its genuineness, shall indorse the word "genuine' thereon, and affix his official signature thereto. A failure so to present the license shall subject the peddler to the same penalty as though he had peddled without a license. for examining the license and making the indorsement, the Genuineness inclerk shall be entitled to a fee of twenty-five cents. And $7. No peddler's license shall be transferable, or give authority to but one person to peddle under it; and no one obtaining a license shall peddle or sell goods or merchandise. of any kind or description, by an agent or clerk, or in any other way than in his own proper person, all of which shall be set forth in the license. dorsed by him. 8. If any person shall violate the provisions of this Penalty. chapter, he shall be fined one hundred dollars, and in default of payment, shall be imprisoned not less than fifty nor more than one hundred days, in the jail of the county where the offense was committed. One fourth of the fines collected under this act shall go to the county attorney. The county judge, or a justice of the peace, and the circuit court, shall have jurisdiction of all violations of this chapter. $9. Cases arising under this chapter shall be tried forth- Summary trial. with, giving reasonable time to the Commonwealth and accused to make preparation for trial. GEN. STAT.-44 panying peddlers § 10. No person shall accompany any peddler, with the Persons accom- purpose of assisting him, unless he has proved a good charmrst prove character in some county court in this Commonwealth, and has with him a certificate thereof, which he shall exhibit on the application of any of the officers named in this chapter; a failure to do so shall be prima facie evidence that he has acter. Acts 1855, 54. Officers to see this chapter complied with. tracts, &c. none. § II. It shall be the duty of county judges and clerks, sheriffs, jailers, constables, justices of the peace, police judges and town marshals, mayors, city judges and marshals, policemen and county attorneys, to see that this chapter is complied with; and to this end power is given them to demand of all persons peddling or assisting a peddler the production of their license or certificate; and on failure to produce the same, this fact shall be evidence against such person that they have no license or certificate. § 12. If any citizen of this State desires to sell and disPeddling books, tribute books, pamphlets, tracts, or papers, the county clerk of the county in which such citizen resides shall give him a license, under the county seal, for such purposes, upon being satisfied that the applicant is a man of good moral characHe shall pay the clerk for the license and seal one dolMinisters of the lar. But ministers of the gospel, in good standing with the denomination to which they belong, may sell and distribute books, pamphlets, tracts, or papers, without license. Gospel. ter. § 13. It shall be lawful for any person to peddle in this What articles State tinware, stoneware, tar, turpentine, and lamp-black, may be peddled without license. without license. * *NOTE.-See Revenue, article 3, section 6. An Act to further amend the laws in relation to peddlers. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, No person shall be deemed a peddler within the meaning of any law of this Commonwealth because of the selling by him, in any way, of agricultural implements, sewing machines, or portable mills. 2. This act shall take effect and be in force from and after its passage. Approved March 7, 1873. |