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ment thereof by endeavoring to get the same accepted and paid, and make his protest, as aforesaid, either for non-acceptance or nonpayment thereof.

Not to disremedy

charge

SEC. 14. Nothing herein contained shall extend to discharge any remedy that any person may have against the drawer, acceptor or against drawer. endorser of such bill.

IL., 8.

Protest good

ry be dead or absent.

1822, VI, 182,

SEC. 15. That whenever a Notary Public, who may have made protest for non-payment of any inland bill or promissory note, shall evidence if Notabe dead, or shall reside out of the district in which said bill or note is sued, his protest of said bill or note shall be received as sufficient evidence of notice in any action by any person whatsoever, against any of the parties to such bill or note.

22.

1 Hill, 177; 2

Spears, 643.

SEC. 16. That all bills of exchange, whether foreign or domestic, Days of grace. payable at sight, shall be entitled to the same days of grace as are allowed by law on bills of exchange payable on time.

1848, XI, 512, 1. 2 McC., 436.

Protested bill

to draw interest. 1786. IV. 741,

463, 22.

SEC. 17. That where any bill of exchange is or shall be drawn for the payment of any sum of money, for value received, and such bill shall be protested for non-acceptance or non-payment, the same $1; 1866, XIII, shall carry interest from the time such bill shall become due and payable, after the rate of seven per cent. per annum, until the money therein drawn for, together with damages and costs, be fully satisfied and paid.

Drawers and endorsers

or separately.

may

1786, IV, 741,

1 Bay., 461.

SEC. 18. That it shall and may be lawful for any person or persons having a right to demand any sum of money upon a protested be sued jo ntiy bill of exchange, to commence and prosecute an action for principal, damages and interest, against the drawers or endorsers jointly, $2, or against either of them separately, and judgment shall be given for such principal, damages and interest as aforesaid; and all creditors on protested bills of exchange, where the drawers or endorsers shall be dead, shall be upon an equality with bond creditors; any law, usage or custom, to the contrary notwithstanding.

Damages allowed upon cerprotested

bills.

Ib., ¿ 3. 2 Bay, 377; 1

SEC. 19. That all bills of exchange drawn upon persons resident within the United States, and out of this State, and returned pro- lowe tested, the damages of such protested bills shall be ten per cent. on the sum drawn for; and all bills in like manner drawn upon persons resident in any other part of North America, or within any of the Bay, 461. West India Islands, and protested, the damages shall be twelve and a half per cent.; and all bills drawn on persons resident in any other part of the world, being protested, the damages shall be fif teen per cent. on the sum mentioned in such bills respectively, and all charges incidental thereto, with lawful interest as aforesaid, until the same be paid.

Verdict for difference in change.

Ib., 24.

ex

SEC. 20. That in any action which shall be commenced for the recovery of any bill of exchange, or any debt due and made payable in any other country, wherein the plaintiff shall recover, the jury shall have power to find a verdict with such difference of exchange as shall be just and agreeable to the true difference of exchange; any law, usage or custom, to the contrary notwithstanding. SEC. 21. That all bills, or promissory notes, payable to order or bearer, which shall be issued by any individual or company, or body corporate, within this State, for any sum or sums under one dollar, shall be void; and any person or persons who shall pass, or attempt to pass, or receive any such bill in payment, shall be liable to be in1816, VI, 34, ¿1. dicted therefor, and, on conviction thereof, shall be fined not exceeding ten dollars.

Notes for less than one dollar

void.

Penalty such issue.

for

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Act of attorney

1. Act of agent good if principal be
dead, &c.

2. Notes passed by, &c., binding on estate; proviso.

SECTION 1. That if any agent, constituted by power of attorney good if principal or other authority, shall do any act for his principal, which would 1828, VI, 359, be lawful if such principal were living, the same shall be valid

be dead.

§ 1.

on estate.

Proviso.

and binding on the estate of said principal, although he or she may have died before such act was done: Provided, The party treating with such agent dealt bona fide, not knowing, at the time of the doing of such act, that such principal was dead.

SEC. 2. If any note or bill, whether filled up before or after Notes passed by, &c., binding having been signed or endorsed, shall be passed away after the death of such drawer or endorser, by an agent duly constituted in his or her lifetime, the same shall be valid and binding on his or her estate, in like manner as though he or she had not died before such passing away: Provided, The receiver of such note or bill received the same bona fide, without a knowledge of such death, and that the act of the agent would have been binding on the principal if it had been done before such death. The act to be done, either under the power of attorney or authority, or in relation to the bill See Chap. LV, or note, must be done within nine months after the death of the § 9. principal or of the drawer or endorser of such note or bill.

Limitation.

1b.

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'SEO.

17. Punishment of partners for fraud.
18. Sales by insolvent partnership
void; judgments, &c., by same
void against creditors.

19. Certain transfer of effects of part-
ners void.

20. Special partners liable as general
partners, when.

21. When not to claim as creditors,
22. No dissolution by acts of partners
without notice; same to be filed,
&c., in Clerk of Court's office, &c.
23. Clerk's fees.

24. Names of firm to be kept posted
up. Forfeiture for default.

25. Penalty for posting up incorrect
sign.

26. Not applicable to special partners,

&c.

27. No part of capital stock to be with-
drawn by partners. Interest al-
lowed in certain cases,

28. Against whom creditors may bring
suit.

May be formed

by whom and for

1737, VI, 578, ? 1; 587, 27;

1866, XII, 431.

SECTION 1. That limited partnerships, for the transaction of any mercantile, mechanical or manufacturing business, or for the trans- what purposes. portation of passengers, products of the soil, or merchandise, within this State, may be formed by two or more persons, upon the terms, 1846, XI, 365; with the rights and powers, and subject to the conditions and liabilities herein prescribed; but these provisions shall not be construed to authorize any such partnership for the purpose of banking or making insurance.

General and special partners

ties.

Ib., 579, 22.

SEC. 2. Such partnerships may consist of one or more persons, who shall be called general partners, (who shall be jointly and sev- and their liabil erally responsible, as general partners now are by law,) and of one or more persons who shall contribute, in actual cash payments, a specific sum as capital to the common stock, who shall be called special partner or partners, and who shall not be liable for the debts of the partnership beyond the funds so contributed by him or them to the capital.

SEC. 3. The general partners only shall be authorized to transact business and sign for the partnership, and to bind the same.

Powers of general partners. Ib., 23.

Partners

SEC. 4. The persons desirous of forming such partnership shall make, and severally sign, in the presence of two subscribing wit- sign certificate. nesses, a certificate, which shall contain

First. The name or firm under which such partnership is to be conducted;

Second. The general nature of the business intended to be transacted;

Third. The names of all the general and special partners in

lb., & 4.

Contents.

to

Same proved. Ib., 25.

to be

To be filed and

office.

Ib., 6.

terested therein, distinguishing which are general and which are special partners, and their respective places of residence;

Fourth. The amount of capital which each special partner shall have contributed to the common stock;

Fifth. The period at which the partnership is to commence, and the period at which it will terminate.

SEC. 5. The certificate shall be proved in the same manner that deeds of conveyances for lands are required by law to be proved. SEC. 6. The certificate so proved, with the probate, shall be filed recorded in the in the office of the Clerk of the Court of that County in which the County Crerk's principal place of business of the partnership shall be situated, and shall also be recorded by him, at large, in a book so kept for that purpose, open to public inspection. If the partnership shall have places of business situated in different Counties, a transcript of the certificate and of the probate thereof, duly certified by the Clerk in whose office it shall be filed, under his official seal, shall be filed and recorded in like manner, in the office of the Clerk of the Court in every such County.

Affidavit

of

sums contribu-
ted to be filed.
Ib., § 7.

When partner

formed.

Ib., 28.

SEC. 7. At the time of the filing the original certificate, with the evidence of the execution thereof, as before directed, an affidavit of one or more of the general partners shall also be filed in the same office, 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. 8. No such partnership shall be deemed to have been formed, ship is deemed until a certificate shall have been made, proved, filed and recorded, nor until an affidavit shall have been filed, as above directed; and if any false statement be made in such certificate or affidavit, all the of false certifi- persons interested in such partnership shall be liable for all the encate, &c. gagements thereof, as general partners.

Consequence

Publication of

terms to made, &c.

1b., 9; 1959,

XII, 833, 2 1.

SEC. 9. The partners shall publish the terms of the partnership, be when registered, for at least once a week for six weeks, immediately after such registry, in any one of the newspapers in the County in which the business of such partnership is carried on, and if no newspaper be published in said County, then the notice thereof shall be published as aforesaid in any one of the newspapers of any adjoining County in which newspapers or a newspaper may be published, and be posted up on the door of the Court House of the Partnership County in which the said firm may be located. If such publication be not made, nor such notice given, for the time prescribed, the partnership shall be deemed general.

general if not made.

Proof of publi

cation.

1837, VI, 579, 210.

SEC. 10. Affidavits of the publication of such notice, by the printers of the newspapers in which the same shall be published, may be filed with the Clerk, in whose office the original certificate shall

have been recorded, and shall be evidence of the facts therein stated.

SEC. 11. Every renewal or continuance of such partnership, beyond the time originally fixed for its duration, shall be certified, proved and recorded, and an affidavit of a general partner be made and filed, and notice be given, in the manner herein required for its original formation; and every such partnership which shall be otherwise renewed or continued, shall be deemed a general partnership. SEC. 12. 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 other matter specified in the original certificate, shall be deemed a dissolution of the partnership; and every such partnership, which shall in any manner be carried on after such alteration shall have been made, shall be deemed a general partnership, unless renewed as a limited partnership, according to the provisions of the preceding Section.

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&c.

Firm

SEC. 13. The business of the partnership shall be conducted under a firm, in which the name or names of the general partner or part-Ib., 18. 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 privity, he shall be deemed a general partner.

SEC. 14. Suits in relation to the business of the partnership shall be brought and conducted by and against the general partners, the same manner as if there were no special partners.

name,

Suits, in whose

names.

Ib., 14.

Rights of spe

Ib., 15.

SEC. 15. A special partner may, from time to time, examine into the state and progress of the partnership concerns, and may advise cial partners." as to their management; but if he shall take any active part in transacting the business of the partnership, except as attorney, counsel or solicitor, he shall be liable as a general partner.

SEC. 16. The general partners shall be liable to account to each other, and to the special partners, for the management of their concern, both in law and equity, as other partners now are by law.

General part

ners to account. Ib., 16.

Punishment

Ib., § 17.

SEC. 17. Every partner who shall be guilty of any fraud in the affairs of the partnership, shall be liable, civilly, to the party in- for fraud. jured, to the extent of his damages; and shall also be liable to an indictment for a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the Court by which he shall be tried.

Certain transfers, judgments,

Ib., 18.

SEC. 18. Every sale, assignment, or transfer of any of the property or effects of such partnership, made by such partnership when &c., void. insolvent, or in contemplation of insolvency, or after, or in contemplation of the insolvency of any partner, with the intent of giving a preference to any creditor of such partnership or insolvent partner,

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