Page:1862 Territory of Dakota Session Laws.pdf/425

408 terest or profits to any special partner, the original capital has been reduced, the parties receiving the same shall be bound to restore the amount necessary to make good his share of capital, with interest.

. 17. A special partner may, from time to time, examine into the state and progress of the partnership concerns, and may advise as to their management; but he shall not transact any business on account of the partnership, nor be employed for that as agent or attorney, or otherwise. If he shall interfere contrary to these provisions, he shall be deemed a general partner.

. 18. The general partners shall be liable to account to each other and to the special partners for their management of the concern, both in law and equity, as other parties now are by law.

. 19. Every partner who shall be guilty of any fraud in the affairs of the partnership shall be liable, civilly, to the party injured, to the extent of his damage, and shall also be liable to an indictment for a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried.

. 20. Every sale, assignment, or transfer of any of the 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, every other creditor or creditors of such partnership, and every judgment confessed, lien created, or security given by such partnership, under the like circumstances and with like intent, shall be void as against the creditors of such partnership.

. 21. Every such sale, assignment, or transfer of any of the property or effects 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 in the partnership, with the intent of giving to any creditor of his own, or of the partnership, a preference over creditors of the partnership, and every judgment confessed, lien created, or security given by such partner, under the like circumstances and with the like intent, shall be void as against the creditors of the partnership.