290

LIMITED PARTNERSHIPS. [ART. 33.

suits against
general and
special partners.

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 against the plaintiff, and such additional costs as the
court may deem reasonable; and if a creditor shall have recovered
against the general partners only, and shall afterwards 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 proceeding, the judgment
recovered as aforesaid shall be prima facie evidence of the amount
due by the partnership as against the special partners.

Id s 21
1836, c 97, s 21.
Dissolution,
how made

21. No dissolution of such partnership by the acts of the part-
ners, shall take place previous to the time specified in the certificate
of its formation, or in the certificate of its renewal, unless by death
of one of the partners, 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 pub-
lished, once a week for four weeks, in a newspaper printed in each of
the counties or city where the partnership may have places of busi-
ness, or by notice set up at some public place in each election dis-
trict, in the cases provided for in the seventh section of this arti-
cle, which publication may be proved by affidavit, and recorded as
hereinbefore prescribed for the publication of the certificate for the
formation of such partnership.

Id. s 22
1836, c 97, s 14
General part-
ners liable to
account
Fraud, how
punished.

22. The 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; and fraud of any partner shall be punished as
prescribed by the article of this code, entitled Crimes and Misde-
meanors and the Punishment thereof.