484 PARTNERSHIPS—LIMITED. [ART. 72.

partnership, unless renewed as a special partnership, under the
provisions of the last preceding section.

11. The business of the partnership may be conducted under
the name of any one or more of the general partners, and with
or without the addition of the word Co. or company, as the
parties may determine; and in any action or suit to be brought
on any contract or engagement of the partnership, or to enforce
any liability of the same, the general partner whose name is used
in said firm or business, shall be the only necessary party de-
fendant; and any judgment or decree recovered against said
defendant, shall have the same legal effect and operation, and
execution thereon shall be enforced and have like effect as if the
judgment or decree had been recovered against all the general
partners.

12. If the name of any special partner shall be used in the firm
with his privity, he shall be deemed a general partner, and the
general partners only shall transact the business; and if a special
partner shall interfere, contrary to this provision, he shall be
deemed a general partner; but he may from time to time exa-
mine into the state and progress of the partnership concerns, and
advise as to their management.

13. No part of the sum which any special partner shall have
contributed to the capital stock, shall be withdrawn by him, or
paid or transferred to him in the shape of dividends, profits, or
otherwise, during the continuance of the partnership; but any
partner may annually receive lawful interest on the sum so con-
tributed by him, if the payment of such interest shall not reduce
the original amount of such capital; and if, after payment of
such interest, any profits shall remain to be divided, he may also
receive his portion of such profits.

14. 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.

15. Every sale, assignment, or transfer of any property or
effects of such partnership made by such partnership when in-
solvent, or in contemplation of insolvency, or after or in contem-
plation of the insolvencj' of any partner, with the intent of giving
a preference to any creditor of such partnership or insolvent