any special partner shall be used in such firm he shall be deemed and held liable as a general partner.

3244. Actions in relation to the business of the partnership may be brought and conducted by and against the general partners in the same manner as if there were no special partners.

3245. No part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him from the firm, or paid or transferred to him in the shape of dividends, profits, or otherwise, at any time during the continuance of the partnership; but any partner may annually receive such rate of interest on the sum so contributed by him as may be agreed upon in the articles of copartnership, not exceeding twelve per centum per annum, if the payment of such interest shall not reduce the original amount of such capital, and after the payment of such interest, if any profits shall remain to be divided, he may also receive his proportion of such profits.

3246. 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 the same shall be bound to restore the amount necessary to make good his share of the capital with interest.

3247. A special partner may, from time to time, examine into the condition and progress of the partnership concerns, and may advise as to their management, but he shall not transact any business on account of the partnership, nor be employed for that purpose as agent, attorney, or otherwise. If he shall interfere contrary to these provisions, he shall be deemed in law a general partner, and accountable as such.

3248. The general partners shall be liable to account to each other and to the special partners for their management of the concern, as other partners are now liable by law.

See 7, 448.

3249. Every partner who shall be guilty of any fraud in the affairs of the partnership shall be liable, civilly, to the party injured to the extent of his damage, 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.

3250. Every sale, assignment, or transfer of any of the property or effects of such partnership when 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, over other creditors of such partnership, and every judgment confessed, lien created, or security given by such partnership, under the like circumstances and with the like intent, shall be void as agaist the creditors of such partnership.

3251. Every such sale, assignment, or transfer of any of the property or effects of a general or special partner, made by such general or special partner, when insolvent or in contemplation of insolvency, or after or in contemplation of the insolvency of the partnership, with the intent of giving to any creditor of his own or of the partnership a preference over creditors of the partnership, and every judgment confessed, lien created or security given by any such partner under the like circumstances and with the like intent, shall be void as against the creditors of the partnership.

3252. Every special partner who shall violate any provision of the last two preceding sections, or who shall concur in or assist to any such violation by the partnership, or by any individual partner, shall be liable as a general partner.

3253. In case of the insolvency or bankruptcy of the partnership, no spe

cial partner shall under any circumstances be allowed to claim as a creditor until the claims of all the creditors of the partnership shall be satisfied.

3254. No dissolution of such partnership, by the acts of the parties, shall take place previous to the time specified in the certificate of its formation or in the certificate of its renewal, until a notice of such dissolution shall have been filed and recorded in the office of the clerk of the county 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, or if none are printed in the county, then in the judicial district where the partnership may have places of business.

In sale of interest of one partner to others, retiring partner's interest is his share of assets at time of final adjustment. Does not include money already received. 2, 4. Publication in local newspaper, held, under facts, not binding on non-residents. 27, 89 (42 N. W., 913).

3255. The clerk of the county shall be entitled to receive the same fees for recording the articles of copartnership, and the papers connected therewith, that he is now entitled to receive for recording deeds.

CHAPTER 41.-PAUPERS.

Secs. 3256 to 3278 formed ch. 40, R. S. 1866, p. 274.

3256. Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy, or other unavoidable cause, shall be supported by the father, grandfather, mother, grandmother, children, grandchildren, brothers, or sisters of such poor person, if they or either of them be of sufficient ability; and every person who shall refuse to support his or her father, grandfather, mother, grandmother, child, or grandchild, sister, or brother, when directed by the county commissioners of the county where such poor person shall be found, whether such relative shall reside in the same county or not, shall forfeit and pay to the county commissioners, for the use of the poor of their county, such sum as may be by the county commissioners adjudged adequate and proper to be paid, not exceeding ten dollars per week for each and every week for which they or either of them shall fail or refuse, to be recovered in the name of the county commissioners, for the use of the poor aforesaid, before a justice of the peace or any other court having jurisdiction; Provided, That whenever any persons become paupers from intemperance or any other bad conduct, they shall not be entitled to suport from any relative except parent or child; *And provided further, That such poor person entitled to support from any such relative may bring an action against such relative for support, in his or her own name and behalf.

Amended and all after* added 1893, p. 255. Chapter has no reference to support and care of insane persons confined in state hospital at public charge. 24, 602 (39 N. W., 621). A pauper may maintain action in own name. 18, 48 (24 N. W., 429). See 19, 485 (27 N. W., 729); 19, 575 (27 N. W., 647).

3257. The children shall first be called upon to support parents, if there be children of sufficient ability, and if there be none of sufficient ability the parents of such person shall next be called upon, and if there be no parents nor children, the brothers and sisters shall be next called upon, and if there be no brothers nor sisters, the grandchildren of such poor person shall next be called on, and then the grandparents; Provided, Married females, while they live with their husbands, shall not be liable to a suit* for maintenance beyond the interest or incomes of the estate of such married female held in her own right.

All after* added 1883, p. 256.

3258. When any such poor person shall not have any such relatives in any county in this state as are named in the preceding sections, or if such relatives shall not be of sufficient ability, or shall refuse to maintain such pauper, then the said paushall receive such relief as his or her case may require, out of the county treasury, in the manner hereinafter provided.

per

3259. The justices of the peace in each precinct shall be and they are hereby made overseers of the poor and are vested with the entire and exclusive superintendence of the poor in their respective precincts, excepting in cases of corporate towns or cities to which such superintendence and jurisdiction shall be by law granted; *Provided, That the county commissioners of the several counties may employ a physician by the year to furnish such medical service as may be required by the poor of their county, excepting incorporate towns or cities as herein provided; Provided, also, That the salary of such county physicians shall not exceed two hundred dollars in any one year.

All after* added 1875, p. 89. But counties are liable to other physicians for necessary services rendered. 16, 9 (19 N. W. 781).

3260. It shall be the duty of said overseers of the poor, within their respective precincts, to provide for all such persons as are unable to earn a livelihood in consequence of any bodily infirmity, idiocy, or other unavoidable cause, the necessaries of life, and in their discretion may confide such poor persons to some moral and discreet householder or householders in the county, of sufficient ability to provide for them. Every person to whom the care of any such poor person shall be entrusted, shall execute a bond to the county in which such poor person shall reside, conditioned that he or she will treat such poor person with humanity, and afford to him or her the necessary comforts of life fitted to his or her condition; said bond shall set forth the sum to be paid by said county for keeping such poor person.

3261. Said overseers shall, at each regular session of the board of county commissioners, make a full report of their actings and doings under this chapter, and return a list of all the poor within their respective precincts, specifying the age, sex, and infirmities of each.

3262. Upon making such report, it shall be the duty of the county commissioners to issue their warrants or drafts on the treasurer, for the payment of the expense necessarily incurred by the overseers of the poor in supporting such poor person.

3263. Any sum set forth in the bond executed to any county as aforesaid, may be lessened or increased at the discretion of the commissioners of said county, without affecting the validity of said bond.

3264. The county commissioners may, at any regular meeting, remove any poor person from the custody of any person or persons to whose care the overseers may have committed the keeping of such poor persons, without subjecting the overseers, or the county, to any claim for damages.

3265. The overseers in fixing the amount to be paid for the keeping of any poor person, shall take into consideration the ability of the poor person to labor.

3266. Any person becoming chargeable as a pauper in this state, shall be chargeable as such pauper in the county in which he or she resided at the commencement of the thirty days immediately preceding such person becoming so chargeable.

3267. [Non-resident.]-If any person shall become chargeable in any county in which he or she did not reside at the commencement of the thirty days immediately preceding his or her becoming so chargeable, he or she shall be duly taken care of by the proper authority of the county where he or she may be found; and it shall be the duty of the clerk of the county commissioners to send a notice by mail to the clerk of the county commissioners of the county in which such pauper resided, as before stated, that such person has become chargeable as a pauper, and requesting the authorities of said county to remove the said pauper forthwith, and to pay the expense accrued in taking care of him or her.

3268. If said pauper, by reason of sickness or disease, or by neglect of the authorities of the county in which he or she resides, or for any other sufficient cause, cannot be removed, then the county taking charge of snch individual may sue for, and recover from the county to which said individual belongs, the amount expended for and in behalf of such pauper, and in taking care of the same.

3269. Whenever any non-resident, or any other person not coming within the defination of a pauper, shall fall sick in any county in this state, not having money or property to pay his or her board, nursing, and medical aid, it shall be the duty of the overseers of the poor, of the precinct where such person shall be, to furnish such assistance to such person as they shall deem necessary; and if any such person shall die, said overseers shall provide all necessary means for a decent burial of such person.

County not liable for volunteer services to such person. 23, 721 (37 N. W., 623.

3270. The term "residence," mentioned in this chapter, shall be taken and considered to mean the actual residence of the party or the place where he or she was employed; or in case he or she was in no employment, then it shall be considered and held the place where he or she made it his or her home.

3271. If any person shall bring or leave any pauper or paupers in any county in this state, wherein such pauper is not lawfully settled, knowing him or them to be paupers, he shall forfeit and pay the sum of one hundred dollars for every such offense, to be sued for and recovered by and to the use of such county, before any justice of the peace, in the proper county.

3272. The county commissioners in each county are authorized, whenever they shall see fit so to do, to establish a poor-house.

3273. The county commissioners are hereby anthorized to take to the county, by grant, devise, or purchase, any tract of land not exceeding six hundred and forty acres, for the purposes of said poor-house.

3274. Said commissioners are hereby empowered to receive donations to aid in the establishment of such poor-house, and also empowered from time to time, as they shall see fit, to levy and collect a tax, not exceeding one per cent on the taxable property in the county, and to appropriate the same to the purchase of land, not exceeding the aforesaid six hundred and forty acress, and to ereet and furnish buildings suitable for a poor-house, and to put in operation and to defray the actual expenses of said poor-house, should the labor of the inmates be inadequate

thereto.

3275. Said county commissioners are hereby authorized to appoint and employ such agents and other persons as may be necessary to establish and put into operation such poor-house.

3276. Whenever the county commissioners of any county shall enter upon their records that they have established a poor-house, and that said poor-house is ready for the reception of the poor of said county, then the authority conferred upon the overseers of the poor shall cease to be in force in said county; Provided, however, That if there be any particular case or cases which the court should deem prudent to put out under the provisions of this chapter, they may do so, making a proper entry of the circumstances upon their records.

3277. The title of the property authorized to be acquired by this chapter for the purpose of said poor-house shall be made to the county.

3278. The county commissioners of any county in this state may, at any regular meeting, if they at any time shall deem it to the interest of said county, appropriate out of any fund appropriated to said county for any purpose, or other money belonging to said county, any sum not exceeding two thousand five hundred dollars, for the purpose of purchasing a farm, and erecting thereon suitable buildings for a poor-house for said county, as contemplated in sections seventeen, eighteen, and nineteen of this chapter [3272-4].

County commissioners may provide poor-house by purchase, but cannot give notes secured by mortgage in payment. 2, 185. See 19, 724 (28 N. W., 276.