LAWS OF MARYLAND.— 1836.

1231

SEC. 13. And be it enacted, That 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 capital, with interest.

If capital is
reduced.

Re-payment

SEC. 14. And be it enacted, That general partners shall be
liable to account to each other and to the special partners, for
the management of the concern, both in law and equity, as
other partners now are by law, and every partner who shall be

Accounta-
bilities to
each other.

guilty of fraud in the management of the affairs of the partner-
ship, shall be liable civilly to the party injured, to the extent of
his damage, and shall also be liable to an indictment for a mis-

Fraud.

demeanor, punishable by fine or imprisonment or both, in the
discretion of the court by which he shall be tried.

Punishable.

SEC. 15. And be it enacted, That every sale, assignment or
transfer of any of the property or effects of such partnership,
made by such partnership, when insolvent or in contemplation
of insolvency, or after or in contemplation of the insolvency of
any partner, with 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 circum-

Assignment
of property
with view
of insol-
vency.

stances, and with the like intent, shall be void as against the
creditors of such partnership.

Void.

SEC. 16. And be it enacted, That every such sale, assign-
ment 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 con-
templation of the insolvency of the partnership, with intent of
giving to any creditor of his own, or of the partnership a pre-
ference over the creditors of the partnership, and every judg-
ment confessed, lien created, or security given by any such

Of partners
with such
view.

partner under the like circumstances and with the like intent
shall be void as against the creditors of the partnership.

Void.

SEC. 17. And be it enacted, That every special partner who
shall violate any of the provisions of the two last preceding
sections, or who shall concur in or assent to any such violation
by the partnership or by any individual partner, shall be liable
as a general partner.

Partners
violating
15th and
16th secs.

SEC. 18. And be it enacted, That 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 other creditors of the partnership shall be
satisfied.

Case of in-
solvency.

SEC. 19. And be it enacted, That all suits respecting the
business of such partnership, shall be brought and prosecuted
by and against the general partners only, excepting in those

Case of

suits.