320 LAWS OF MARYLAND. [CH. 175

of the retired partner or the representative of the deceased
partner against the person or partnership continuing the busi--
ness, on account of the retired or deceased partner's interest
in the dissolved partnership or on account of any consideration
promised for such interest or for his right in partnership prop-
erty.

(9) Nothing in this section shall be held to modify any
right of creditors to set aside any assignment on the ground of
fraud.

(10) The use by the person or partnership continuing the
business of the partnership name, or the name of a deceased
partner as part thereof, shall not of itself make the individual
property of the deceased partner liable for any debts con-
tracted by such person or partnership.

SEC. 42. (Rights of Retiring or Estate of Deceased Part-
ner When the Business is Continued. ) When any partner
retires or dies, and the business is continued under any of the
conditions set forth in section 41 (1, 2, 3, 5, 6), or section 38
(2b), without any settlement of accounts as between him or
his estate and the person or partnership continuing the busi-
ness, unless otherwise agreed, he or his legal representative
as against such persons or partnership may have the value of
his interest at the date of dissolution ascertained, and shall re-
ceive as an ordinary creditor an amount equal to the value of
his interest in the dissolved partnership with interest, or, at
his option or at the option of his legal representative, in lieu
of interest, the profits attributable to the use of his right in
the property of the dissolved partnership; provided that the
creditors of dissolved partnership as against the separate cred-
itors, or the representative of the retired or deceased partner,
shall have priority on any claim arising under this section, as
provided by section 41 (8) of this act.

SEC. 43. (Accrual of Actions. ) The right to an account
of his interest shall accrue to any partner, or his legal repre-
sentative, as against the winding up partners or the surviving
partners or the person or partnership continuing the business,
at the date of dissolution, in the absence of any agreement to
the contrary.

SEC. 2. And be it further enacted, That all Acts or parts
of Acts inconsistent with this Act are hereby repealed.

SEC. 3. And be it further enacted, That this Act shall take
effect from the first day of June, 1916.

Approved April 4th, 1916.