288

LIMITED PARTNERSHIPS. [ART. 33.

and if there be no newspaper published in said county, then in such
newspaper as the clerk of the Circuit Court for said county may
designate, and by notices set up at the court-house door, and also
at some public place in each election district of the county where
such partnership, or any branch thereof, may be located; and if
such publication be not made, the partnership shall be deemed
general.

Id s 8
1836, c 97 s 8
What evidence
of publication.

8. The affidavits of the publication of such notice, by the editors
of the newspapers in which the same shall have been published, and
the affidavit of some disinterested person in cases where publication
by notices at public places may be necessary, that said notice or
notices were put up agreeably to the provisions of the preceding
section of this article, shall be filed with the clerk directing the same,
and shall be evidence of the facts therein contained.

Id s 9.
1830, c 97, s 9
How renewed or
continued.

9. Every renewal or continuance of such partnership beyond the
time originally fixed for its duration, shall be certified, acknowl-
edged, 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 part-
nership.

Id s 10
1836, c 97, B 10
What deemed
dissolution

10. 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 partner-
ship, unless renewed as a special partnership, under the provisions
of the last preceding section

Id s 11
1B49, c 347, s 1
Under n hat
title business to
be conducted

How suits to be
brought

1 I. 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 defendant; and any

Effect of judg-
ment or decree

judgment or decree recovered against said defendant, shall have the
same legal effect and operation, and execution thereon shall be en-
forced and have like effect as if the judgment or decree had been
recovered against all the general partners.

Id s 12
1836, c 97, s 11
Use of
name of special
with his privity,
renders him
liable as general
partner
General part-
ners to transact
business.

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 examine into the
state and progress of the partnership concerns, and advise as to their
management.