ART. 33. ] LIMITED PARTNERSHIPS.

289

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contributed to the capital stock, shall be withdrawn by him, or paid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 other-
wise, during the continuance of the partnership; but any partner
may annually receive lawful interest on the sum so contributed 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

Id. s. 13.
1836, c 97, B 12
Contribution of
special partner
not to be with-
drawn during
partnership
May receive in-
terest and pro-
fits.

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.

Id s U
1836, c 97, s 13
When special
partner bound
to restore
amount neces-
sary to make
good his share
of capital

15. Every sale, assignment, or transfer of any 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 the intent of giving a preference to
any creditor of such partnership, or insolvent partner, and every
judgment confessed, Hen created, or security given by such partner-

Id s 15
1836, c 97, s 15
Assignment,
etc, of partner-
ship effects, in
view of or after
insolvency.

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

When void.

16. Every such sale, assignment, or transfer of any of the prop-
erty 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 intent
of giving to any creditor of his own, or of the partnership, a pref-
erence over the creditors of the partnership; and every judgment
confessed or lien created, or security given, by any such partner

Id a. 16
1836, c 97, s 16.
Assignment,
etc, of property
of general or
special partner.

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

When void.

17. Every special partner, who shall violate any of the provisions
of the last two preceding sections, or who shall concur in or assent
to any such violation by the partnership, or by any individual part-
ner, shall be liable as a general partner.

Id s 17
18. 16, c 97, s 17
Special partner
violating two
preceding sec-
tions, liable as
general partner.

18. 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.

Id s 18
1836, c 97, 8 18.
Special partner
postponed to
creditors.

19. All suits respecting the business of the partnership shall be
brought by and against the general partners only, except in those
cases in which provision is hereinbefore made, that special partners
shall be deemed general partners, and special partnerships general
partnerships; when all persons so becoming general partners may
be joined with those originally general partners in any suit brought
against such partnership, and except also the case provided for in
section eleven of this article.

Id s 19.
1836, c 97, s 19,
1849, c 347, s. 1.
How suite
brought

2 0. 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

19

Id s 20.
1836, c 97, s. 20
Proceeding in