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CHAPTER 33.

TITLE VII, ledgment thereof, duly certified by the clerk in whose office it shall have been filed, under his official seal, shall be filed and recorded in like manner, in the office of the clerk of every such county, and the books containing such records shall be subject to inspection, in the manner above directed.

Affidavit to be

cate.

SEC. 8. At the time of filing the original certificate and the acknowfiled with certifi. ledgment 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 amount in money, or other property at cash value, specified in the certificate to have been contributed by each of the special partners to the common stock, has been actually, and in good faith contributed and applied to the same.

Consequences of

&c.

SEC. 9. No such partnership shall be deemed to have been formed, false certificate, until such certificate, acknowledgment and affidavit, shall have been filed as above directed; and if any false statement be made in such certificate or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof, as general partners.

Terms of part nership to be published.

Affidavit of

publication may be filed, &c.

Renewal, &c., of partnership.

deemed a disso

lution, &c.

SEC. 10. The partners shall publish the terms of the partnership, when recorded, for at least six weeks immediately after the recording thereof, in two newspapers to be designated by the clerk of the county in which such record shall be made, and to be published in a senatorial district in which their business shall be carried on; and if such publication be not made, the partnership shall be deemed general.

SEC. 11. Affidavits of the publication of such notices, by the printers of the newspapers in which the same have been published, or some one in their employ knowing of such publication, may be filed with the clerk directing the same, and shall be evidence of the facts therein contained.

SEC. 12. Upon the renewal or continuance of a limited partnership, beyond the time originally agreed upon for its duration, a certificaie shall be made, acknowledged, recorded and published, in the like manner as is provided in this chapter for the formation of limited partnerships; and the affidavit of one or more of the general partners as above provided, shall also be filed with the proper county clerk as aforesaid; and every such partnership, so continued, which shall not be renewed or continued in conformity with the provisions of this section, shall be deemed a general partnership.

Alteration to be SEC. 13. Every alteration which shall be made in the names of the partners, the nature of the business, in the capital, or in the shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of such limited partnership, and every such partnership which shall in any way be carried on after such alteration shall have been made, shall be deemed a general partnership, unless renewed as a special partnership, according to the provisions of the last preceding section.

Names compos. ing firm.

SEC. 14. The business of the partnership shall be carried on under a firm, in which the names of the general partners 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 said firm, with his consent or privity, or if he shall personally make any contract respecting the concerns of the partnership, with any person except the general partners, he shall be deemed and treated as a general partner.

&c.

TITLE VII.

Sɛc. 15. During the continuance of the partnership under the pro- CHAPTER 33. visions of this chapter, no part of the capital stock thereof shall be withdrawn, nor any division of interest or profits be made, so as to Capital stock not reduce said capital stock below the sum stated in the certificate above to be withdrawn, mentioned; and if, at any time during the continuance, or at the termination of the partnership, the property or assets shall not be sufficient to pay the partnership debts, then the special partners shall severally be held responsible for all sums by them received, withdrawn or divided, with interest thereon from the time when they were so withdrawn or divided respectively.

SEC. 16. No general assignment by such partnership, of its pro- When assignperty or effects, in case of insolvency, or where their goods and es- ment invalid. tates are insufficient for the payment of all their debts, shall be valid, unless it shall provide for the distribution of all the partnership property and effects among all the creditors, in proportton to the amount of their several claims; excepting claims of the United States, arising from bonds on duties which are first to be paid or secured.

tive to assign.

ment, &c.

SEC. 17. In case of an assignment, as provided for in the last pre- Provisions rela ceding section, the assent of the creditors shall be presumed, unless they shall, within sixty days after notice thereof, dissent, either expressly, or by some act clearly implying such dissent; and no such assignment shall be valid, unless notice thereof shall be published in some newspaper printed in the county where the place of business of the parties making it is situated, or if no newspaper be printed in such county, then in some newspaper printed in an adjoining county, or at the seat of government, within fourteen days after making such assign

ment.

SEC. 18. All suits respecting the business of such partnership shall Suits, how prosbe prosecuted by and against the general partners only, except in ecuted. those cases in which provision is made in this chapter that the special partners shall be deemed general partners, and that special partnerships shall be deemed general partnerships, in which cases all the partners, deemed general partners, may join or be joined in such suits; and excepting also those cases where special partners shall be held severally responsible on account of any sums by them received, or withdrawn from the common stock, as above provided.

ships.

SEC. 19. No dissolution of a limited partnership shall take place ex- Dissolution of cept by operation of law, before the time specified in the certificate limited partnerbefore mentioned, unless a notice of such dissolution shall be recorded in the registry in which such certificate, or the certificate of renewal or continuance of the partnership, was recorded, and in every other registry where a copy of such certificate was recorded; and unless such notice shall also be published six weeks successively in some newspaper printed in the county where the certificate of the formation of such partnership was recorded; or if no newspaper shall, at the time of such dissolution, be printed in such county, then in some newspaper printed at the seat of government.

SEC. 20. In all cases not otherwise provided for in this chapter, the Rights and liabil members of limited partnerships shall be subject to all the liabilities, ities of partners. and entitled to all the rights of general partners.

TITLE VII. CHAPTER 34.

Money of ac

count.

Note, &c., ex

pressed in other money of ac the

CHAPTER 34.

OF MONEY OF ACCOUNT, AND OF THE INTEREST OF MONEY, AND ON
JUDGMENTS, VERDICTS, &c.

SECTION 1. The money of account of this state, shall be the dollar, cent, and mill: and all accounts in the public offices, and all other public accounts, and all proceedings in courts, shall be kept and had in conformity with this regulation.

SEC. 2. Nothing contained in the preceding section shall vitiate or affect any account, charge or entry, originally made, or any note, bond, count to be re- or other instrument expressed in any other money of account: but duced to dollars, the same shall be reduced to dollars and parts of a dollar, as herein before directed, in any suit thereupon.

&c.

Rate of interest.

Usury.

1843, p. 54.

When usury not

ble notes, &c.

Interest of Money.

SEC. 2. The interest of money shall be at the rate of seven dollars upon one hundred dollars for a year, and at the same rate for a greater or less sum, and for a longer or a shorter time, except that in all cases it shall be lawful for the parties to stipulate in writing for the payment of any rate of interest, not exceeding ten per cent per an

num.

SEC. 4. No bond, bill, note, contract or assurance, made or given for or upon a consideration or contract, whereby or whereon a greater rate of interest has been, directly or indirectly, reserved, taken or received, than is allowed by law, shall be thereby rendered void; but in any action brought by any person on such usurious contract or assurance, except as is provided in the following section, if it shall appear that a greater rate of interest has been, directly or indirectly reserved, taken or received, than is allowed by law, the plaintiff shall have judgment for the principal and legal interest only, exclusive of the usury.

SEC. 5. In any action brought on any bill of exchange or promisto effect negotia sory note payable in money, and to order or bearer, originally given or made for or upon any usurious consideration or contract, if it shall appear that the plaintiff became, in good faith, the indorsee or holder of such bill of exchange or promissory note, for a valuable consideration, before the same became due, then and in such case, unless it shall further appear that the plaintiff, at the time of becoming such indorsee or holder, had actual notice that such bill or note was given for or upon a usurious consideration or contract, he shall be entitled to recover thereon, in the same manner, and to the same extent as if such usury had not been alleged and proved.

Interest on judg. ments and decrees.

Interest on verdicts, &c.

Interest on Judgments, Verdicts, &c.

SEC. 6. Interest may be allowed and received upon all judgments at law, for the recovery of any sums of money, and upon all decrees in chancery for the payment of any sums of money, whatever may be the form or cause of action or suit in which such judgment or decree shall be rendered or made; and such interest may be collected on execution, at the rate of seven per centum per annum.

SEC. 7. In all actions founded on contracts express or implied, whenever in the execution thereof any amount in money shall be liquidated or ascertained in favor of either party, by verdict, report of

referees, award of arbitrators, or by assessment made by the clerk of the court, or by any other mode of assessment according to law, it shall be lawful, unless such verdict, report, award, or assessment shall be set aside, to allow and receive interest upon such amount so ascertained or liquidated, until payment thereof, or until judgment shall be thereupon rendered; and in making up and recording such judgment, the interest on such amount shall be added thereto, and included in the judgment.

TITLE VII.

CHAPTER 34.

TITLE VIII.

CHAPTER 35.

TITLE VIII.

OF THE PUBLIC HEALTH.

Chapter 35. Of the Preservation of the Public Health-Quarantine,
Nuisances, and Offensive Trades.

Chapter 36. Of Medical Societies, and Regulations concerning the
Practice of Physic and Surgery.

Board of health.

Appointment of health officer, his compensa. tion, &c.

Regulations re. lating to causes

CHAPTER 35.

OF THE PRESERVATION OF THE PUBLIC HEALTH-QUARANTINE, NUI-
SANCES, AND OFFENSIVE TRADES.

SECTION 1. The supervisor and justices of the peace of every township respecting which no other provision is or shall be made by law, shall be a board of health for their respective townships, and the township clerk shall be the clerk of such board, and shall keep a record of their proceedings in a book to be provided for that purpose at the expense of the township.

SEC. 2. Every board of health may appoint a physician to the board, who shall be the health officer of his township, and shall hold his office during their pleasure, and they shall establish his salary, or other compensation, and shall regulate all fees and charges of every person employed by them in the execution of the health laws, and of their own regulations.

SEC. 3. The board of health shall make such regulations respecting nuisances, sources of filth, and causes of sickness, within their respecof sickness, &c. tive townships, and on board of any vessels in their ports or harbors, as they shall judge necessary for the public health and safety, and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars.

Respecting articles capable of

tagion, &c.

SEC. 4. The said board shall also make such regulations as they conveying con- may deem necessary for the public health and safety, respecting any articles which are capable of containing or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into, or conveyed from their township, or into or from any vessel; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars.

Respecting interment of dead.

SEC. 5. The said board shall also make all regulations which they may deem necessary for the interment of the dead, and respecting burying-grounds in their township; and it shall also be the duty of said board to purchase in each surveyed township, so much land for burying-grounds as shall be necessary for burying the dead of such township.

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