partition is sought; to invest titles by their decrees, without the form of coveyances by infants and unknown heirs or persons; to order a sale of the premises where for any reason, the same cannot conveniently be partitioned, and by its decree, to invest the purchaser with title; and where partition is made of premises which are subject to any encumbrance, to apportion such encumbrance among the persons to whom partition is made.

Limited partner

CHAPTER LXXV.

PARTNERSHIPS.

AN ACT RELATING TO PARTNERSHIP.

[Session Laws, 1874.]

1980. SECTION I. That hereafter it shall be lawful to ships legalized. form limited partnerships within this state, in accordance with the provisions of this act.

General and 1981. SEC. 2. Such partnership shall consist of one or special partnerships defined; more persons, who shall be called general partners, who shall liability for partnership debts. be jointly and severally liable, as general partners now are, and of one or more persons contributing a specified amount of capital in cash or other property, at cash value, to the common stock, who shall be special partners, and who shall not be liable for the debts of the partnership beyond the amount of the fund so contributed by them respectively to the capital stock, except as hereinafter provided.

Authority of

1982. SEC. 3. The general partner or partners only general partners, shall be authorized to transact the business, to sign for the partnership, and to bind the same.

Certificate of

1983. SEC. 4. Persons desiring to form such partnership what to contain, shall make and severally sign a certificate, which shall

partnership;

contain:

First-The name of the firm under which the partnership is to be carried on.

Second-The nature of the business to be transacted. Third-The names of the general and special partners, designating which are general, which special, and the place of residence of each, and the place in which the principal business is to be carried on.

Fourth-The amount of capital stock which each special partner has contributed to the common stock.

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

Acknowledg. ment of certifi

1984. SEC. 5. Such certificate shall be acknowledged by the several persons making the same, before some cate of partnerofficer authorized to take acknowledgment of deeds, which ship. acknowledgment shall be made and certified to in the same manner as now prescribed by law for the acknowledgment of deeds for the conveyance of real estate.

partnership.

1985. SEC. 6. Such certificates, when duly acknowlFiling and record edged and certified to, shall be filed in the office of the of certificates of clerk of the county in which the principal business is to be carried on, and shall be recorded at large by the clerk in a book kept for that purpose; and such book shall be open for inspection at all reasonable hours to any person desiring to inspect the same. If such partnership shall have places of business in different counties, a transcript of such record, duly certified by the same clerk, shall be filed and recorded in like manner in the office of the clerk of every such county, and shall be recorded and subject to inspection, as above stated.

Affidavit of

1986. SEC. 7. At the time of filing the original certificate as above directed, an affidavit of one or more of the special special partners. partners shall be attached to such certificate or filed therewith, stating that the amount in money or property at cash value, specified in the certificate to have been contributed by such special partner, has been actually and in good faith contributed, and applied to the common stock of said partnership.

false statements

affidavit

1987. SEC. 8. No such partnership shall be deemed to Liability for have been formed until such certificate, duly acknowledged, in certificate or and affidavit, shall have been filed as above directed; and if any false statement shall be made in such certificate or affidavit, all persons interested in such partnership shall be liable for all the engagements thereof, as general partners.

1988. SEC. 9. The partners shall publish the terms of partnership, including the amount of capital furnished by the special partners, and the names of all the partners, for at least four weeks, immediately after the filing of the

Publication of

terms of partnership.

Firm name.

Reduction of capital stock not permitted.

Suits by or

against partners.

Dissolution of partnership before time spec

cate.

certificate as above directed, in some newspaper published in the county wherein said business is to be transacted, or if no newspaper is published in said county, then in a newspaper published the nearest to the place of business designated, and if such publication is not so made, the partnership shall be deemed general.

1989. SEC. 10. The business of the partnership shall be conducted under a firm name in which the names of the general partners only shall be inserted, and if the name of any special partner be used in the said firm with his privity and consent, or if he shall contract for said firm concerning its business, he shall be deemed and treated as a general partner.

1990. SEC. 11. During the continuance of such partnership, no part of the capital stock shall be withdrawn nor any division of interest or profit be made so as to reduce such stock below the sum stated in the certificate above mentioned, and in case it should subsequently appear that such a receiving of interest was a withdrawing of original capital, the special partner or partners shall refund the same with lawful interest.

1991. SEC. 12. All suits respecting the business of such partnership shall be brought by and against the general partners only, except in those cases provided for in this act where the special partnership is to be deemed a general one, in which all the partners may join or be joined in such suit; and excepting, also, those cases where special partners shall be held severally responsible for and on account of any sum by them received, or withdrawn from the common stock, as above provided, in which case suit may be brought by the general partners, and the special partners entitled to receive any part of the money so withdrawn.

1992. SEC. 13. SEC. 13. No dissolution of any such partnership shall take place, except by operation of law, before the time ified in certifi- specified in the certificate above mentioned, unless notice thereof is given by publication for at least four weeks previous to such dissolution, in some newspaper published in the county where such business is carried on, or in the nearest one thereto, and filed in the office of the clerk of

each county wherein the original certificate, or a transcript thereof, was filed, as above provided for.

woman.

1993. SEC. 14. Any married woman may become a Special partnerspecial partner under this act, either with her husband or ship of married any other person, for the purposes of this act. She shall be competent to contract with her husband or any other person, the same as though she was a femme sole, and in all suits and proceedings arising or growing out of any such partnership, she shall be a witness for or against her husband, the same as though a femme sole.

Fees of county

or transcript of

1994. SEC. 15. The clerk of the county where the certificate above mentioned shall be filed, shall be entitled clerk for record to receive one dollar for the recording and indexing of certificate. every such certificate or transcript thereof.

CHAPTER LXXVI.

PAUPERS.

[Revised Statutes, Chap. LXVIII.]

By whom pau

ported; persons

cause, becoming paumother, perance or bad

pers from intem

conduct, not

of such entitled to sup

port from rela

parent or child;

penalty for re

fusal of relation to support pauper.

1995. SECTION I. Every poor person who shall be unable to earn a livelihood in consequence of any bod- pers to be supily infirmity, idiocy, lunacy or other unavoidable shall be supported by the father, grandfather, grandmother, child, grandchild, brother or sister poor person, if they or either of them be of sufficient tion other than ability. And every person who shall fail or 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 reside in the same county or not, shall forfeit and pay to the said county commissioners, for the use of the poor of their county, the sum of twenty dollars for each and every month 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, in an action of assumpsit, before any justice of the peace or other court having jurisdiction: Provided, that when any

In what order

called upon for support of

pauper.

persons become paupers from intemperance or other bad conduct, they shall not be entitled to support from any relation except parent or child.

1996. SEC. 2. The children shall be first called on to relations to be support their parents, if they be of sufficient ability, and if there be none of sufficient ability, the parents of such poor person shall be next called on, and if there be no parents or children, the brothers and sisters of such poor person shall next be called on, and if there be no brothers or sisters, the grandchildren of such poor person shall next be called upon, and then the grandparents: Provided, married females, whilst their husbands live, shall not be liable to a suit.

When pauper shall receive relief from

1997. SEC. 3. When any such poor person shall not have any such relation in any county in this state, as are county treasury. named in the preceding sections, or such relation is not of

sufficient ability, or shall fail or refuse to maintain such pauper, then the said pauper shall receive such relief as his or her case may require, out of the county treasury in the manner hereinafter provided.

1998. SEC. 4. When any non-resident or any other person, not coming within the definition of a pauper, shall fall sick in any county of this state, not having money or property to pay his or her board, nursing and medical attendance, it shall be the duty of the county commissioners, upon complaint being made to them or either of them, to give an order that such assistance be given to such poor person as they may deem just and necessary, and if said sick person shall die, then the said county commissioners, or commissioner, shall order to be given to such person a decent burial, and the county commissioners may make such allowance for board, nursing and medical aid or burial expenses, to the person or persons entitled thereto, as they shall deem just and equitable, and order the same to be paid out of the county treasury.

1999. SEC. 5. 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 sixty days immediately preceding such persons becoming so chargeable.