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act, as agent, or otherwise, shall sell for illuminating purposes, any oil, fluid, or substance mentioned in said section, that will emit a gas or vapor that will ignite at any temperature under one hundred and ten degrees Fahrenheit, under the test in this act prescribed, he, or they, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisonment in the jail of the county not exceeding twenty days, or both, at the discretion of the court trying the case, and shall pay the costs of prosecution. SEC. 4. [Same.]-That if any person or persons, shall sell for illuminating purposes, and in a quantity of less than one barrel at a single sale, any oil, fluid, or substance, that will emit a gas or vapor, that will ignite at any temperature below one hundred and ten degrees Fahrenheit under the test prescribed by this act, he, or they, shall be guilty of a misdemeanor, and on conviction therof, shall be fined in any sum not less than twenty-five, nor more than two hundred dollars, or imprisonment in the jail of the county not exceeding ten days, or both, at the discretion of the court, and shall pay the costs of prosecution. SEC. 5. [Damages.]—That if any person shall sustain damage to his to his property, or injury to his person, by reason of a violation of any of the provisions of this act by another person, the person guilty of violation shall be liable to the person injured for all damages sustained thereby, and in case any person violating the provisions of this act, shall, by such violation, cause the death of another, he shall be guilty of manslaughter, and on conviction thereof, shall be punished according to the provisions of the section of the criminal statute defining that crime.
SEC. 6. [Contracts, when void.]-That any and all contracts made in violation of the provisions of this act are hereby declared to be void, and the vendor may return the oil, fluid, or substance purchased, at the expense of the vendor, and recover from the vendor all that he has paid therefor, including all charges for transportation, and all other damages resulting from said sale.
SEC. 7. [Took effect May 1, 1875.]
SECTION 1. [Limited-Formation.]-That limited partnerships for the transaction of any mercantile, mechanical, or manufacturing business within this state, may be formed by two or more persons upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this chapter shall not be construed to authorize any such partnership for the purpose of banking or effecting insurance. [G. S. 504.] Partners-General--Special-Liability.]-Such
partnerships may consist of one or more persons who shall be called general partners, and who shall be jointly and severally responsible as general partners now are by law, and of one or more persons who shall contribute in actual cash payments, or in goods, wares, merchandise, machinery, and fixtures, a specific sum as capital to the common stock, who shall be called special partners, and who shall rot be liable for the debts of the co-partnerships beyond the fund so contributed by him or them to the capital stock.
SEC. 3. [Business transactions.]-The general partners only shall be authorized to transact business and sign for the co-partnership and to bind the
SEC. 4. [Certificate of formation.-The persons desiring to engage in the formation of such partnerships, shall make and severally sign a certificate which shall contain: 1. The name of the firm under which such partnership is to be conducted. 2. The general nature of the business intended to be transacted. 3. The names of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence. 4. The amount of capital in money or in goods, wares, merchandise, machinery and fixtures, which each special partner shall have
NOTE. "An act to authorize limited partnerships in the state of Nebraska." Chap. 52. G. S. 504. Took effect March 1, 1873.
contributed to the common stock. 5. The period at which the partnership is to commence, and the period at which it shall terminate. SEC. 5. [Same-Acknowledgment.]-The certificate shall be acknowledged by the several persons signing the same before a notary public, or other officer authorized by law to take the acknowledgment or proof of the execution of conveyances of land, and such acknowledgment or proof shall be made and certified in the same manner as the acknowledgment or proof of conveyances of land may be made or certified.
SEC. 6. [Same-Filing.]-The certificate so acknowledged and certified shall be filed in the office of the county clerk of the county in which the principal place of business of the partnership shall be situated, and shall be recorded by such clerk in a book to be kept for that purpose, and in case any such partnership shall have a place of business in more than one county in the state, then a copy of such certificate, so acknowledged and certified by the clerk of the county where the original was filed, shall in like manner be filed and recorded in each other county in which such partnership shall have a place of business, in the office of the clerk of said county.
SEC. 7. [Same-Capital-Affidavit.]-At the time of filing the original certificate with the evidence of the acknowledgment 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, or value thereof in goods, wares, merchandise, machinery, and fixtures, have been contributed by each of the special partners to the common stock, and actually and in good faith paid into the general fund.
SEC. 8. [When formed.]-No such partnership shall be deemed to have been formed until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed, as before 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.
SEC. 9. [Terms-Publication.]-The partners shall immediately publish the terms of the partnership, when registered as above provided, for at least six consecutive weeks, in two newspapers to be designated by the clerk of the county in which the registry shall be made, and if no newspapers are published in the county, then the same shall be published in the judicial district in which their business shall be conducted, and if such publication be not made, the partnership shall be deemed general.
SEC. 10. [Same-Filing.]—Affidavits of the publication of such notice by the printer, publisher, or foreman of the newspapers in which the same shall be published, may be filed with the clerk directing the same, and shall be evidence of the facts therein contained.
SEC. 11. [Renewals.-Every renewal or continuance of such partnership beyond the time originally fixed for its duration, shall be certified, acknowledged, 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. [Alteration in terms-Dissolution.]-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 any such alteration shall have been made, shall be deemed a general partnership unless renewed as a special partnership according to the provisions of this act.
SEC. 13. [Firm name.-The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted and if the name of any special partner shall be used in such firm he shall be deemed and neid liable as a general partner.
SEC. 14. [Actions, how brought.]-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.
SEC. 15. [Decreasing special capital-Interest.]-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 co-partnership, 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, any profits shall remain to be divided, he may also receive his proportion of such profits.
SEC. 16. [Same-Liability.]—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.
SEC. 17. [Business by special partner.]-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."
SEC. 18. [Partners' accountability.]-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.
SEC. 19. [Same-Fraud.]—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.
SEC. 20. [Fraudulent conveyance Insolvency.]-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 against the creditors of such partnership.
SEC. 21. [Same.]-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.
SEC. 22. [Same-Liability-Special partner.]-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.
SEC. 23. [Insolvent-Special partner creditor.] - In case of the insolvency or bankruptcy of the partnership, no special 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.
SEC. 24. [Dissolution.]-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.
SEC. 25. [Fees-County clerk.]- The clerk of the county shall be entitled to receive the same fees for recording the articles of co-partnership, and the papers connected therewith, that he is now entitled to receive for recording deeds.
SEC. 26. [Took effect Mar. 1, 1873.]
SEC. 27. [Unincorporated companies-Certificate.]-That any association of persons doing business in any county of this state under a firm, partnership or corporate name, and not incorporated under the laws of this state, shall have recorded in the office of the county clerk of the county where the place of business of said association is located, a certificate signed by each member of such association, showing: First. The firm, partnership or corporate name of such association. Second. The general nature of the business thereof and the principal place of doing business; and Third. The full name and residence of each individual member of such association. [1875 § 1, 178.]
SEC. 28. [Same-Record-Evidence.-The county clerk of each county shall keep a book for the aforesaid purpose of recording said certificates and shall receive the same fees therefor as for recording other instruments, and such record or a certified transcript thereof shall be prima facie [evidence] in any court in this state of any of the facts therein set forth. [Id. § 2.]
SEC. 29. [Violation of act-Penalty.]-Any person who shall for the space of twenty days fail, neglect, or refuse to comply with any of the provisions of this act, shall, on conviction thereof, be fined in any sum not exceeding one thousand dollars and any fine so adjudged against any member of any association may be collected by execution from the property of such association. [Id. § 3.] SEC. 30. [Took effect Sept. 1, 1875.]
CHAPTER 66.-PATENT RIGHTS.
[This chapter declared unconstitutional. 14 Neb. 134.]
SECTION 1. [Support by relatives.]—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, grand-father, mother, grand-mother, children, grand-children, 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, grand-father, mother, grand-mother, 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 support 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 1883, chap. LX.]
CHAP. 67. R. S. 274; G. S. 510. County liable for services of physician employed by overseer of poor. 16 Neb. 7.
SEO. 2. 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 grand children of such poor person shall next be called on, and then the grand parents; 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. [Id.]
SEC. 3. [County relief.]—When any such poor person shall not have y 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 pauper shall receive such relief as his or her caso may require, out of the county treasury, in the manner hereinafter provided.
SEC. 4. [Justices-Overseers-Physician.]-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 physician shall not exceed two hundred dol lars in any one year. [Amended 1875, 89.]
SEC. 5. [Overseer's duties-Custodian-Bond.]—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.
SEC. 6. [Overseer's report.]-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.
SEC. 7. [Overseer's expenses.]-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.
SEC. 8. [Custodian-Bond increased.]-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. SEC. 9. [Custodian-Removal.]-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. SEC. 10. [Same-Labor.]-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.
SEC. 11. [Pauper-Where chargeable.]-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.