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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1232   View pdf image (33K)
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1232

LAWS OF MARYLAND.— 1838.

 

cases in which provision is herein before made, that special
shall be deemed general partners, and special partnerhips gene-
ral partnerships, when all the persons so becoming general part-
ners may be joined with those originally general partners, in
any suit or suits brought against such partnership.

Where spe.
cial p. are
deemed not
liable.

SEC. 20. And be it enacted, That if in any case a suit shall
be brought against general and special partners, and at the trial
of the cause, it shall appear that the special partners, or any of
them, are not liable to the writ of the plaintiff, the court may
proceed to judgment, or decree against the partners who may
appear to be liable, in the same manner as if such partners
were the only parties defendants to the writ, excepting that the
partners who may be deemed not liable shall recover their legal
costs as against the plaintiff, and such other additional costs, as
the court may deem reasonable, and if a creditor shall have re-
covered against the general partners only, and shall afterwards

Case of re-
covery and
special part-
ners found
to be liable.

discover that the special partners have become liable as general
partners, he may file a bill in equity against the general and
special partners for further relief against them, and in such pro-
ceeding the judgment recovered as aforesaid, shall be prima
facie evidence of the amount of debt due by the partnership, as
against the special partners.

As to dis-
solution of
P.

SEC. 21. And be it enacted, That no dissolution of such
partnership, by the acts of the partners, shall take place pre-
vious to the time specified in the certificate of its formation, or ia
the certificate of its renewal, unless by death of one of the part-
ners, or insolvency of the partnership, or until a notice of such
dissolution shall have been filed and recorded in the clerk's office,
in which the original certificate was recorded, and published
once a week for four weeks, in a newspaper printed in each of
the counties where the partnership may have places of business,
or by notices set up at some public place in each election dis-
trict, in the cases provided for in the seventh section, which
publications may be proved by affidavit, made and recorded, as
herein before prescribed, for the publication of the certificate of
the formation of such partnership.

Right of
legislating
reserved.

SEC. 22. And be it enacted, That nothing in this act shall be
construed to prevent the legislature from altering, amending or
repealing the same whenever it may be deemed proper so to do.

Repeal

SEC. 23. And be it enacted, That the act entitled, an act to
authorize limited partnerships within this state, passed at De-
cember session of year eighteen hundred and twenty-five,
chapter one hundred and thirteen, be, and the same is hereby
repealed.

 

 

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Please view image to verify text. To report an error, please contact us.
Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1232   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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