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P. L. 145.
P. L. 691.
Name of firm to be
And certificate thereof recorded.
21 March 1836 § 21. like circumstances, and with the like intent, shall be void as against the creditors
of the partnership.(a) Ibid. $ 22. 24. Every special partner who shall violate any provision of the two last prePenalty for assent ceding sections, or who shall concur in or assent to any such violation by the thereto by special partnership, or by any individual partner, shall be liable as a general partner.(b) Ibid. $ 23.
25. In case of the insolvency or bankruptcy of the partnership, no special Special partner not partner shall, under any circumstance, be allowed to claim as a creditor, until the to claim as creditor. claims of all the other creditors of the partnership shall be satisfied. (C)
Ibid. § 24. 26. No dissolution of such partnership, by the acts of the parties, shall taše How such partner
place, previous to the time specified in the certificate of its formation, or in the ship may be dis certificate of its renewal, until a notice of such dissolution shall have been filed
and recorded in the recorder's office in which the original certificate was recorded, and published, once in each week for four weeks, in a newspaper printed in each
of the counties where the partnership may have places of business.(d) 16 April 1838. 27. A general partner in any limited partnership may, with the assent in writ
ing of his partner, by deed duly acknowledged and recorded, or by last will and General partner
testament, in writing, sell, assign, dispose of or bequeath his interest in such may assign or be limited partnership; and when such general partner dies without having disposed queath his interest. of his interest in such limited partnership, his administrator or executor may, in His executors may like manner, sell, assign and transfer his interest therein for the benefit of his
estate; and on every such sale, transfer or bequest, a corresponding alteration altered.
shall be made in the name or firm under which the business of such partnership is conducted, and the same shall be forthwith acknowledged, certified, reconden and published, in the same manner as is provided by law in the case of the original formation of the partnership.
28. A special partner, with the assent of his partner, in writing, first had and Special partner may assign his
obtained, may sell or assign his interest in a limited partnership without causing thereby a dissolution of the partnership.
29. The consent of the partners to a sale or transfer, by either the general or 21 April 155$ $ 2. special partners, of their respective interests in the partnership, in pursuance of the
resolution of the 16th of April 1838, may be given in advance, either in the origiof interest inay be nal articles of partnership, or other like instrument; and a sale or transfer of air given in advance. part or share of the interest in the firm of any partner, if made in pursuance of
the articles of copartnership, or previously expressed consent of the partners as
aforesaid, shall be equally valid as a sale of the whole interest of any one or more General partners of the partners. And it shall further be lawful for the general partner or partners. may purchase shares of special
or either of them, to purchase part or the whole of the interest or shares of one or partners.
more of the special partners. 16 April 1938. 30. The insolvency of any special partner shall not cause a dissolution of the
limited partnership, but his interest therein shall be sold by his assignees for the Insolvency of spe- benefit of his creditors. cial partner not to
31. When any special partner shall die, without having disposed of his interest in the limited partnership, his executor or administrator may either continue his
interest therein for its unexpired term, for the benefit of his estate, or may sel His executors, &c., may continue the the same at public auction, under the direction of the orphans' court of the county business or sell his in which the principal place of business of such partnership may be, in the same
manner as the estates of intestates are now by law sold; testamentary dispositions Or he may be
in writing, of the interest of special partners may also be made. The decease of queath it.
special partners shall not dissolve such limited partnership,(e) unless by the agtet ment between the parties, it is provided that such decease shall have that effect.
32. Every alteration in such limited partnership, according to the provisions of tions to be given. this resolve, shall be notified to the general partner, and shall be duly acknow
edged, certified and recorded, as in the case of the original formation of such 30 March 1865 $ 1.
partnership (9) Special partners
33. It shall and may be lawful for any special partner to make his contribution to the common stock of any limited partnership he may become a member of, in
cash, goods or merchandise : Provided, That when such contributions are made Appraisement. in goods or merchandise, the same shall first be appraised under oath, by an ap
P. L. 351. Assent to transfer
P. L. 692
Notice of alters
P. L. 46,
may contribute merchandise as stock.
(a) The provisions of this section can only be in- original certificate, it continues, as to persons dealing voked by the firm creditors. Brooke v. Alexander, 3 with the firm, without actual notice, until the ponce W. N. C. 304. A judgment confessed by one partner required by the act has been filed, recorded and pcbto another, to secure the amount of the capital stock lished for four weeks, as prescribed by the statuie. advanced by such partner, who had agreed to enter Beers v. Reynolds, 11 N. Y. 97. into a special partnership, but became a general part- (c) The 21st and 2d sections apply only to existing ner, by reason of non-compliance with the requisitions partnerships, not to one which has been dissolved. of the act, is valid againsi a separate creditor of the Pusey v. Dusenbury, 75 P. S. 437. partner who confessed the judgment. Purdy v. La- (d) A misappropriation of the partnership fund by cock, 6 P. S. 4:0. But a confession of judgment by the general partner, does not render the special partner the general partner to a third person for money ad- liable as a general one, if he were not privy to the vanced to the special partner, which formed his con- transaction. Seibert v. Bakewell, 87 P. S. 500. tribution to the firm, is not valid as against the (e) See Ames v. Douning, 1 Bradf. 321. creditors of the firm. Coffin's Appeal, 106 P. S. 280. (6) If a limited partnership remove its place of See Dunning's Appeal, 44 P. S. 150.
business to another county, and do not file a new der(b) Where a limited partnership is dissolved by tificate in such county, the partnership becomes a gelagreement of parties, before the period fixed by the eral one. Van Riper y. Poppenhausen, 13 X. Y. 08.
P. L. 46.
P. L. 145.
P. L. 46.
praiser, who shall be appointed by the court of common pleas of the county in 30 March 1865 & 1. which such partnership is to be carried on :(h) And provided also, That in the certificate now required by law, the nature and value of the said goods shall be fully set forth and described.
34. The business of the partnership shall be conducted under a firm, in which 21 March 1896 $ 13. 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 style of firm. partner shall be used in such firm, with his privity, he shall be deemed a general partner.
35. The business of the partnership shall be conducted under a firm, in which 30 March 1865 & 2. the names of all the general partners shall be inserted, except, that when there are more than two general partners, the firm name may consist of either two of such How business to partners, with the addition of the words and company;” but the said partnership be conducted. shall put up, upon some conspicuous place on the outside, and in front of the building in which it has its chief place of business, some sign, on which shall be painted in legible English characters, all the names, in full, of all the members of said partnership, stating who are general, and who are special partners.(i)
36. The firm name of any limited partnership may consist of the name of any 21 Feb. 1868 $ 1. general partner, with the addition of the words “and company,” notwithstanding the name of such general partner may be common to him and any special partner; Firin name may but the said partnership shall put up the sign required by the 2d section of the include the word
"company.' act approved the 30th of March 1865, to which this is a supplement.(k)
P. L. 42.
(h) See Vandyke v. Rosskam, 67 P. S. 330.
firm is composed of one special and two general part(i) See Conrow v. Gravenstine, 17 W. N. C. 204. ners, the use of the names of the two general partners,
(k) The adoption of the firm name of Bullock's with the addition of the words “and company Sons, the special partners being brothers of the gen- firm name, is unauthorized by any act of assembly, eral ones, does not render the former generally liable, and will render the special partner generally liable. if the sign required by the act be properly exhibited. Metropolitan Bank v. Gruber, 14 W. N. C. 12. Gibb Vilas Bank v. Bullock, 10 Phila. 309. But where a v. Mershon, Ibid. 89.
See AMUSEMENTS; BOTTLES AND BARRELS; CONSTABLES ; CORPORATIONS ; CRIMES ; INNS AND
TAVERNS; Jails; LUNATICS AND HABITUAL DRUNKARDS; RESTAURANTS AND EATING HOUSES; SUNDAY; TRADE-MARKS.
I. RETAIL LICENSES.
XI. SELLING TO INTEMPERATE PERSONS. 1. Licenses required.
31. Penalty for furnishing to certain persons. 2. Who entitled to license.
32. Who may give notice. Furnishing after notice. 3. To be granted by quarter sessions for one year. 33. Civil responsibility in damages. Time of hearing applications.
34. Selling to inebriates after notice. How dam4. Petition to be filed three weeks before the ses
ages recoverable. sion of the court. Fee to be paid. Clerk to advertise. Not to be granted to groceries.
XII. SELLING NEAR ENCAMPMENTS. II. PETITION TO OBTAIN.
35. Sale prohibited. 5. What petition shall contain.
36. Penalty for violation. 6. Certificate of twelve electors to be attached. 37. Duties of constables.
7. Court to hear petitions for and against. When 38. Punishment of disorderly behavior. to refuse license. May revoke.
39. Licensed innkeepers excepted. III. COST OF LICENSE.
XIII. INTOXICATION. 8. Classification. For whose use licenses to be 40. Penalty for drunkenness. received.
41. For allowing drunkenness on premises. Limi9. When clerk to mark application "revoked.” tation.
42. Intoxicated persons to be arrested. To be exIV. BOND.
amined under oath. 10. Bond and warrant for two thousand dollars.
43. Employment of intemperate persons prohibited. Condition.
44. Penalty for marrying intoxicated person.
45. Compensation of prosecutor. V. DUTIES OF LICENSEE.
XIV. ADULTERATION. 11. License to be framed.
12. Giving credit forbidden. No action to lie for 46. Defendant may prove liquors were impure. price.
47. Penalty for adulterating liquors or selling the VI. DUTIES OF MERCANTILE APPRAISERS. 48. Manufacturer to brand barrel and certify to 13. To return list of licensed and unlicensed tav
49. Possession of drugged liquors to be evidence of erns, &c. Duplicate to the clerk of quarter sessions. 14. List to be published.
50. Court may direct analyzation. 15. To return to district-attorney names of unli
51. Punishment. censed proprietors. Duty of district-attorney to prosecute. 16. Fees.
XV. LOCAL OPTION.
52. Voters in certain wards to vote for or against VII. DUTIES OF CONSTABLES.
license. 17. Returns each term to the court of quarter ses
53. Constables to give notice of election. sions of all places selling liquors. Duty of judge.
54. Duties of officers of election. Omission to return. Punishment.
55. When licenses not to issue. 18. Monthly visits to all places selling liquors. 56. Punishment for selling without a license. Returns of violations of law.
XVI. WHOLESALE LIQUORS. VIII. TRANSFER OF LICENSE. 19. Licenses not transferrible. Not to be under
57. Wholesale dealers, brewers, distillers, &C., let. May be transferred by proper authority. Fees.
regulated. License fee. Bottlers' licenses. Delivery
of products hy distillers and brewers. How wagons IX. APOTHECARIES.
shall be marked.
58. Licenses to be granted for one year. Hearing. 20. Need not be licensed. To sell only on written Minimum quantity that may be sold. Liquors not to prescription. Penalty. Not to be sold more than be drunk on the premises. once on one prescription. Penalty for physician pre- 59. Time for filing petition. Fee. Publication. scribing to persons of intemperate habits.
60. Contents of petition.
61. Certificate of twelve citizens. X. PENAL OFFENCES.
62. Court to hear petitions and remonstrances 21. Penalty for selling without license.
Revocation. 22. For violating provisions of license laws. When
63. Neglect to pay for license within fifteen days. license may be revoked.
64. Bond. Securities. Condition. 23. Selling on election day, on Sunday, to a minor,
65. Distillers may dispose of liquors of their own to intemperate persons, on a pass-book. Receiving manufacture in this commonwealth in original packgoods for liqnors.
ages of pot less than forty gallons, without liceist. 24. When place to be declared a nuisance. May be Proviso. abated. Counsel fees.
66. To pay additional sum into the state treasury. 25. Keepers of tippling-houses to be liable as aiders
67. Repealing clause. of riots, &c., therein.
XVII. DOMESTIC WINES, &c. 28. Penalty of fifty dollars.
68. Grape growers may sell wine to licensed deal29. Punishment of minors for falsely representing ers without taking out a license. themselves to be of age.
69. Manufacturers and bottlers may sell withont 30. Punishment for aiding in such deception. licenses.
P. L. 108.
I. Retail licenses. (1) 1. It shall be unlawful to keep or maintain any house, room or place, hotel, inn 18 May 1887 $ 1. or tavern, where any vinous, spirituous, malt or brewed liquors, or any admixture thereof, are sold by retail,(m) except a license therefor shall have been previously Licenses required. obtained, as hereinafter provided.(n)
2. Licenses for the sale of vinous, spirituous, malt or brewed liquors at retail, Ibid. § 2. in quantities not exceeding one quart, shall only be granted to citizens of the United States of temperate habits and good moral character.(0) 3. Such licenses may be granted only by the court of quarter sessions of the
Ibid. & 3. proper county, and shall be for one year from a date fixed by rule or standing order to be granted for of said court.(p) The said court shall fix by rule or standing order a time one year. at which application for said licenses shall be heard, at which time all per- Time of hearing. sons applying or making objections to applications for licenses may be heard by evidence, petition, remonstrance or counsel : Provided, That licenses under previous laws shall not be granted later than June thirtieth of this year.
4. Every person intending to apply for a license as aforesaid in any city or Ibid. § 4. county of this commonwealth, from and after the passage of this act, shall file with
Filing petition, the clerk of the court of quarter sessions of the proper county, his, her or their petition(9) at least three weeks before the first day of the sessions of the court at
(!) Statutes regulating the sale of liquors are withdraw his petition on the day of hearing after the within the constitutional powers of government, constable has reported that he is an untit person to Commonwealth v. Shoenhutt, 3 Phila. 20. See acts 27 be entrusted with a license, and thus prevent the March 1864, P. L. 332, and 11 April 1866, P. L. 766, as to granting of license if a proper person make applicathe counties of Westmoreland, Blair and Indiana; tion for any portion of the license year. Heilig's act 8 April 1867, P. L. 884, as to Greene county; act 8 License, 12 C. C.538. April 1867, P. L. 893, as to Mercer county, and act 9 Where two persons made an application for the March 1872, P. L. 306, as to Delaware county. The same house, and one was granted and the other was act 27 March 1866 prohibited the issuing of censes continued and the former did not lift his license, it in the boroughs of Leechburg and Apollo in Arm- was held, that the latter might be granted a license strong county, in the borough of Coudersport in Potter for the unexpired portion of the year. Russell's county, and in the borough of Saltsburg in Indiana License, 11 C. C. 505. Where a judgment has been county, and in the borough of Duncannon and in Penn entered refusing a license, the court cannot of its own township in Perry county, or within two miles of motion and without notice strike off such judgment the same; this act was extended to the boroughs of and grant the license. Kahrer's License, 12 C. C. 12. West Newton and Mt. Pleasant in Westmoreland (9) The following rules of court were promulgated county by the act 17 April 1867, P. L. 289, but the in Philadelphia 22 June 1887: latter act was repealed as to the borough of Mt. Rule 1. All licenses granted shall be for one year Pleasant by the act 26 May 1893, P. L. 158. The act from the 1st day of June, and shall expire on the 1st 22 March 1869, P. L. 485, prohibiting the issuing of day of June of the following year, without regard to licenses in the borough of Bellevue, Allegheny county, the date at which the same were issued. was repealed by the act of 29 May 1893, P. L. 175. Rule 2. Applications for licenses shall be heard on
(m) This act is constitutional Commonwealth v. the first Monday of March in every year, and the McCandless, 21 W. N. C. 162. Commonwealth v. Haag, hearing of such applications shall be continued for 6 C. C. 118. Commonwealth v. Sellers, 130 P. S. 32. such length of time as may be necessary to dispose of It must be strictly construed. 122 P. S. 299. It is in- them. The clerk of the court shall set down said applidictable to sell any beverage which contains any pro- cations upon a list in the order in which they come to portion of alcohol. Commonwealth v. Gillett, 6 Lane. his hands, and said list shall be called in the order in 156. See Commonwealth v. Roese, 1 Wilcox 253. Hat- which the applications are there set down. Applifield v. Commonwealth, 120 P. S. 395. Commonwealth cants for and remonstrants against the granting of v. Reyburg, 122 P.S. 299. The steward of an incorpo- the license may be heard, if they desire it, by one rated club may be indicted for selling liquor without counsel on each side, but no counsel shall be heard a license, and this, though no sales were made to for more than ten minutes. others than members unless brought there by a mem- Rule 3. Three judges shall be assigned to hear and ber, where it appears that the alleged club was a determine applications for license. mere sham or device to evade the license law. The Rule 4. All applications for license shall be filed rights of a bona fide club were not considered. Com- with the clerk of the court three weeks before the monwealth v. Tierney, 148 P. S. 552.
first Monday of March, the petitioner paying the (n) The four president judges in Philadelphia sit- clerk the fee required by the fourth section of the act ting in banc made the following order:
at the time of filing the petition. " In pursuance of the act of assembly, approved Rule 5. The clerk of the court shall cause to be 13 May 1887, it is hereby ordered that after 15 June published three times in two newspapers, to be desig1887, no application for licenses be received or enter- nated by the court, a list containing the names of the tained, except in pursuance of the act of 13 May 1857, petitioners, their respective residences, and the place in compliance with the conditions therein prescribed, for which application is made. This publication shall and in conformity with the order of court to be pro- be made on the Wednesday, Thursday and Friday of mulgated in reference to such application.
the third week before the time fixed for the hearing. “ It is further ordered that all licenses granted by Rule 6. All applications for license shall be by pethe court under the provisions of the act of 13 May tition in writing, which petition shall be verified by 1887, shall be for one year from the first day of June. affidavit, shall contain full statements of the several
" It is further ordered that all licenses hereafter matters required by the fifth section of the act of 13 granted prior to 1 June 1888, shall be for the frac- May 1887, and shall be accompanied by the certificate tion of the year, and shall expire 1 June, 1888, and required by the sixth section of, that act. All remonthere shall be paid for such licenses the fee prescribed strances or petitions against the granting of license by the act of 13 May 1887.”
shall be in writing, and shall be filed with the clerk (0) One who has simply declared his intention is at least three days before the time fixed for the hearnot entitled to a license. West's Op. 1883, 22.
ing, but no charge shall be made for such filing. (p) A petition for a retail license cannot be Rule 7. When an application shall be granted by amended as to any material matter after the date the court, the clerk of the court shall give to the applifixed for filing. Sherry's License, 12 C. C. 129. cant a certificate to that effect, directed to the city
Where a house is necessary for the accommodation treasurer, and the applicant shall within fifteen days of the public, the applicant will not be permitted to thereafter pay to the city treasurer the sum of five
P, L. 105. Fee. Advertisement.
13 May 1897 g 4. which the same is to be heard, and shall, at the same time, pay said clerk fire
dollars for expenses connected therewith, and said clerk shall cause to be published three times in two newspapers designated by the said court a list containing the names of all such applicants, their respective residences, and the place for which application is made. The first publication shall be not less than fifteen nor more than twenty-five days before the time fixed by the court : Provided, That license shall be granted under the provisions of this act to any person to sell in any rooin where groceries are sold at wholesale or retail.(r)
P. L. 103.
II. Petition to obtain. 13 May 1887 $ 5. 5. Said petition shall contain:
First. The name and present residence of applicant and how long he has there Contents of peti- resided.
Second. The particular place for which a license is desired.
Third. The place of birth of said applicant, and, if a naturalized citizen, where and when naturalized.
Fourth. The name of owner of premises.
Fifth. That the place to be licensed is necessary for the accommodation of the public.
Sixth. That none of the applicants are in any manner pecuniarily interested in the profits of the business conducted at any other place in said county where any of said liquors are sold or kept for sale.
Seventh. That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed, and that no other person shall be in any manner pecuniarily interested therein during the continuance of the license.(s)
Eighth. Whether applicant or any of them has had a license for the sale of liquors in this commonwealth, during any portion of the year preceding this appli
cation, revoked. What is required Ninth. The names of no less than two reputable freeholders of the county where of sureties on
the liquor is to be sold, who will be his, her or their sureties on the bond which is bond.
required, and a statement that each of said sureties is a bona fide owner of real estate in said county worth, over and above all incumbrances, the sum of two thousand dollars, and that it would sell for that much at public sale, and that he is not
engaged in the manufacture of spirituous, vinous, malt or brewed liquors: Prorided, Surety on more That when any person is surety on more than one bond, he shall certify that he is than one bond.
worth four thousand dollars over and above all incumbrances and over and above any previous bonds he may be on as surety (1)
Tenth. This petition must be verified by affidavit of applicant made before the clerk of the court, a magistrate, notary public, or justice of the peace, and if any false statement is made in any part of said petition the applicant or applicants shall be deemed guilty of the crime of perjury, and upon indictment and conviction
shall be subject to its penalties.(u) Ibid. $ 6. 6. There shall be annexed to such petition a certificate, signed by at least twelve
reputable qualified electors of the ward, borough or township in which such liquors twelve electors. are to be sold, setting forth that they have been acquainted with the applicant or
applicants, that they have good reason to believe that each and all the statements
hundred dollars required by the act to be paid, and have in their places of business any of the articles upon the production and filing with the clerk of the aforesaid, naming them and the location of their city treasurer's receipt, and after the applicant has respective places of business. And if any such person given the bund required by the tenth section of the act shall have a license to vend such liquors by less measof 13 May 1887, the clerk shall issue a license in the ure than one quart, the court may, on investigation, following form, duly attested by the clerk and under revoke the same; but such persons may, on comple: the seal of the court, viz. :
ing with the laws on the subject, obtain license to sell Court of quarter sessions of Philadelphia.
by no less measure than one quart.' See Sloritzski's This is to certify that has been duly licensed License, 5 Kulp 108. by the court of quarter sessions of Philadelphia county The act 25 March 1812, § 44, P. L. 201, makes it to sell vinous, spirituons, malt or brewed liquors at unlawful to grant a license to any person ** holding or retail for the space of one year from June 1, A.D. exercising the ottice of sheriff, or to any house ocuat (here insert the place). In witness whereof I have pied by a sheriff.” hereunto set my hand and the seal of the said court, (s) A contract between a brewer and an applicant this - day of , A.D.
for a retail license, by which the brewer furnishes the (Seal.)
clerk. capital and is to be repaid by instalments, is not in in default of the production and filing with the violation of the license law, and a judgment confessed clerk of the city treasurer's receipt as aforesaid, with- for the capital so furnished will not be opened. Gero in fifteen days after the application has been granted, mantown Brewing Co. v. Booth, 34 W. N. C. 10. the clerk shall forthwith mark said application and (0) So amended by the act 1 May 1893, P. L. 3) grant “revoked."
See the act 19 June 1891, P. L. 369, the title and enart. (r) By the act of 20 April 1858, § 13, P. L. 368, “No ing clause of which recited it as an amendment of the person who keeps in his store or wareroom any hoys- wholesale act of 24 May 1887, although it was evidently heads, stand-casks or liquor-pipes, or who keeps a intended as an amendment of this clause of the act of grocery store, shall receive license to vend intoxicat- 13 May 1887. ing liquor by less measure than one quart. And con- (u) The right to copyright blank forms of procedlstables are hereby required to make return of all per- ure under this act was sustained in Brightly v. Litriesons engaged in the sale of sprituous. vinous, malt or ton, 37 Fed. Rep. 103, brewed liquors in their respective districts, who shall