| 88
Dec. Ses. 1825. |
JOSEPH KENT, ESQUIRE, GOVERNOR.
with their places of residence, shall be registered in a
book to be kept for that purpose, at all times open to the public
inspection, in the office of the clerk of the county court, of the
county in which the principal business of the partnership shall
be carried on: and if the partnership have at any time, places of
business, situated in different counties of the state, the names
and title of the firm, shall be registered in like manner in every
such county. |
Registry shall
designate. |
6. And be it enacted, That the said
registry shall also designate
the amount of the capital furnished by every special partner,
and the period which the partnership is to commence and
terminate and all renewals or continuance of partnerships, shall
be registered in like manner, and all dissolutions and alterations
of the partnership, prior to the originally proposed continuance
of the same, shall also be registered as aforesaid. |
Affidavit of
investments—
false swearing. |
7. And be it enacted, That it shall
be the duty of one or more
of the general partners, at the time of registering as aforesaid, to
file an affidavit of the actual bona fide, advance or payment of
the sum or sums by the general partners, according to the registry
of the amount of the same, and that no capital shall be advanced
to the common stock or partnership, but in cash payments
by the special partners, and such affidavit shall be made, by one
or more of the general partners who are authorised by the partnership
to transact and manage their concerns; and if any person
shall be guilty of any false swearing in the premises, he
shall be deemed to have committed perjury, and shall be punished
accordingly; and it shall be the duty of all the partners interested
in any such partnership, to see that the requirements
of the fifth, sixth and seventh sections of this act are complied
with; and it shall be the duty of each special partner, to make
and file in the same manner an affidavit of the amount of money
advanced and actually paid into said partnership fund by himself. |
Restrictions
on partners. |
8. And be it enacted, That it shall
not be lawful for any such
partnership or any member thereof in contemplation of bankruptcy
or otherwise, to make any sale, conveyance, gift, transfer
or assignment of his or their property or effects, or to confess
any judgment or create any lien whatsoever, upon his or
their property or effects, with the intent, or for the purpose of
paying or securing any one or more of his or their creditors,
partners or others; and every such sale, conveyance, gift, transfer
or assignment; and every such judgment or other lien shall
be, and the same is hereby declared utterly void; and the partner
or partners, so confessing or executing the same, or knowing
and consenting thereto, shall be liable as general partners. |
| Accountability. |
9. And be it enacted, That the general
partners in every such
partnership, shall be held liable to account to each other for
their management of their joint concerns, and to the special
partners, either in law or equity according to the law of partnership
as now subsisting; and if any of the partners shall be guilty
of fraud in the affairs of the partnership besides making
good the party injured; he or they shall forfeit and pay the sum |
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