Page:United States Statutes at Large Volume 31.djvu/1469

 Ell·fTY-SIXTH CONGRESS. Sess., II. CE. 854;. 1901. l 1417 but any partner may annually receive lawful interest on the sum so contributed by him if the payment oflsuch interest shall not reduce the original amount of such capital; and if after payment of such interest anv profits shall remain to be divided, he may also receive his portion Ofgueh profits. V ._ {. . Sm 1519. Rnnucrron or cAr1TAL.—If it shall appear that by the mpeduciicn or capiment of interest or profits to any special partner the original capi—` tldyhas been reduced, the partner receiving the same shall be bound to restore the amount neee?ary to make good his share of capital, with interest, on being notific thereof ,._-. I I p SEC, 1520. ASSIGNMENT WITH rREEEEENoEs.—Every sale, assign- prgI§j;gI§$§¤¤ wth g or transfer of any property or effects of a partnership or of anyl giii;fal partner, made by such partnership or general partner when insolvent or in contemplation of insolvency, or after or in comtemplation of the insolvency of any general partner, with the intent of giving v preferenceto any creditor of such partnership or insolvent partner, and every judgment confessed, lien created, or security given by such artnership or general partner under the like circumstances and with P the like intent, sdiiall be void as against the creditors of such ~-partnership. . _ See. 1521. Every special partner who shall violate any of the pro- ,Q§§§§lY· special visions of the two preceding sections, or who shall concur in or assent to any such violation by the partnership or by any individual partner, Shall be liable as a general partner. ’ . V » _ See. 1522. No PARTNER TO eLAnvr nnroan caanrrons Ann rAn>.— b§(§;§&’j§,‘;§,§g,§1“;$ In ease of the insolvency or bankruptcy of a partnership no special reid- ‘ partner shall, under, any circumstances, be allowed to claim as a creditor until the y claims of all the other creditors of the partnership shall be satisfied. - ‘ i Sec.  SUITS TO BE AGAINST GENERAL PARTNERS ONLY, IN WHAT aglgglggg gilgggafgapf 0ASES.—All suits respecting the business of the partnership shall be ners only. 4 l brought by and against .the general partners only, subject to the provisions of section fifteen hundred and fifteen, except in those cases in which provision is made in this chapter that special partners shall be deengledl general partners and special partnershjps ggneral partpershipsd, 1n'w ici cases a persons so ecominrr genera par iners may e jome with those originally general partnersbin any suit brought against such partnerships. . .· i Sec. 1524. If, in any case or suit brought against general and special Qsilggnggggrgpségg partners, it shall appear at the trial of the case that the special part- specialpartnersglatteri Hers or any one of them are not liable to the suit of the plaintiff, the S§,§,‘§‘§{,‘j‘g_ not W be Court may proceed to judgment or decree againstthe partners who may appear to be liable, in the same manner as if such partners were the ogly parties defendant to the suit, excepting that the partners who may c deemed not liable shall recover their legal costs against the plaintiffs. . Sec. 1525. If in any case or suit brought against general and spe- Suit **g%*i¤Sl.SP°°l**1 Q19~l_partncrs, this creditor shall recover a judgment or obtain a decree Eilijngdtoreciiiruriglfirieirii agalnst the general partners only, and shall afterward discover that iiigsf gmcml pam special partners, or some one or more of them,.have become liable as general partners, he may bring a new suit against such special partner OF partners. ` _ Sec. 1526. In the suits mentioned in the two preceding sections the gyms Of judgmemsr jlédgment recovered shall be prima-facie evidence of the amount due by _ B Partnerships and the partnership debt shall not be merged in any Judgment or deciree recovered or obtained against any partner or part- 1161} Hs against any other partner or partners. _ _ _ bmi. 1527. VomnvTARY DISSOIiUT1ON.—NO dissolution o_f such part- ,,QQfl““**“Y d“S°l“’ “G1`Sl1ipl>_v act of the partners shall take place prcviouslto the time élmlihed in the certificate of its formation, or in the certificate of its ienewal, unless in consequence of the death of one of the partners or