« iepriekšējāTurpināt »
Sec. 1506. FALSE STATEMENTS.-If any false statement, not the result of accident or mistake, shall be made in the certificate or affidavit required by the preceding sections of this chapter, all the persons interested in the partnership shall be liable for all the engagements of such partnership as general partners.
Sec. 1507. PUBLICATION. The partners shall publish the terms of the partnership, when registered, three times a week for at least four weeks immediately after such registry in two newspapers to be designated by the clerk of the supreme court of the District, the first publication to appear within one week after the registry.
Sec. 1508. If the publication prescribed in the preceding section be not made, the partnership shall be deemed general.
Sec. 1509. The affidavits of the publication of the notice required by section fifteen hundred and seven by the editor or publishers of the newspapers in which the same shall have been published shall be filed with the clerk directing the same, and shall be prima facie evidence of the facts therein contained, the affidavit of any one editor or publisher of each newspaper being sufficient.
Sec. 1510. RENEWAL OF PARTNERSHIP.-Every renewal or continuance of a partnership beyond the time originally fixed for its duration shall be certified, acknowledged, and recorded, and an affidavit of a general partner be made and filed, and notice be given in the manner required by the provisions of this chapter for its original formation.
Sec. 1511. Every partnership which shall be renewed and continued otherwise than as provided in this chapter shall be deemed a general partnership.
Sec. 1512. WHAT SHALL BE A DISSOLUTION.-Every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership.
Sec. 1513. EFFECT OF CERTAIN ACTS.-Every partnership which shall in any manner be carried on after any such alteration shall have been made shall be deemed a general partnership, unless renewed as a special partnership under the provisions of section fifteen hundred and ten.
Sec. 1514. NAME TO BE USED.-The business of the partnership may be conducted under the name of any one or more of the general partners, and with or without the addition of the word Co. or company, as the parties may determine.
Sec. 1515. WHAT NAMES TO BE USED IN SUITS.-In any action or suit brought on any contract or engagement of the partnership, or to enforce any liability of the same, the general partners whose names shall be used in the firm or business shall be the only necessary defendants; and any judgment or decree recovered against such de
fendants shall have the same legal effect and operation. and execution thereon shall be enforced and have like effect against the partnership assets as if the judgment or decree had been recovered against the general partners.
Sec. 1516. If the name of any special partner shall be used in the firm with his privity, he shall be deemed a general partner.
Sec. 1517. WHO TO TRANSACT BUSINESS.-The general partners only shall transact the business, and if a special partner shall interefere contrary to this provision he shall be deemed a general partner, but he may from time to time examine into the state and progress of the partnership concerns and advise as to their management.
Sec. 1518. WITHDRAWAL OF CAPITAL.-No part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him or paid or transferred to him in the shape of dividends, profits, or otherwise, during the continuance of the partnership, but any partner may annually receive lawful interest on the sum so contributed by him if the payment of such interest shall not reduce the original amount of such capital; and if after payment of such interest any profits shall remain to be divided, he may also receive his portion of such profits.
Sec. 1519. REDUCTION OF CAPITAL.-If it shall appear that by the payment of interest or profits to any special partner the original capital has been reduced, the partner receiving the same shall be bound to restore the amount necessary to make good his share of capital, with interest, on being notified thereof..
Sec. 1520. ASSIGNMENT WITH PREFERENCES.-Every sale, assignment, or transfer of any property or effects of a partnership, or of any general partner, made by such partnership or general partner when insolvent or in contemplation of insolvency, or after or in contemplation of the insolvency of any general partner, with the intent of giving preference to any creditor of such partnership or insolvent partner, and every judgment confessed, lien created, or security given by such partnership or general partner under the like circumstances and with the like intent, shall be void as against the creditors of such partnership.
Sec. 1521. Every special partner who shall violate any of the provisions 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.
Sec. 1522. NO PARTNER TO CLAIM BEFORE CREDITORS ARE PAID. In case of the insolvency or bankruptcy of a partnership no special partner shall, under any circumstances, be allowed to claim as a creditor until the claims of all the other creditors of the partnership shall be satisfied.
Sec. 1523. SUITS TO BE AGAINST GENERAL PARTNERS ONLY, IN WHAT CASES. All suits respecting the business of the partnership shall be 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 deemed general partners and special partnerships general partnerships, in which cases all persons so becoming general partners may be joined with those originally general partners in any suit brought against such partnerships.
Sec. 1524. If, in any case or suit brought against general and special partners, it shall appear at the trial of the case that the special partners or any one of them are not liable to the suit 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 defendant to the suit, excepting that the partners who may be deemed not liable shall recover their legal costs against the plaintiffs.
Sec. 1525. If, in any casé or suit brought against general and special partners, the creditor shall recover a judgment or obtain a decree against the general partners only, and shall afterward discover that 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 or partners.
Sec. 1526. In the suits mentioned in the two preceding sections the judgment recovered shall be prima facie evidence of the amount due by the partnerships, and the partnership debt shall not be merged in any judgment or decree recovered or obtained against any partner or partners as against any other partner or partners.
Sec. 1527. VOLUNTARY DISSOLUTION.-No dissolution of such partnership by act of the partners shall take place previous to the time specified in the certificate of its fornation, or in the certificate of its renewal, unless in consequence of the death of one of the partners or insolvency of the partnership or of one of the general partners, nor until a notice of such dissolution shall have been filed and recorded in the office of the clerk of the supreme court of the District, and published once a week for four weeks in two newspapers to be designated by the clerk, which publication may be proved by affidavit, and recorded as herein before prescribed for the publication of the certificate for the formation of such partnership.
Sec. 1528. LIABILITY OF THE GENERAL PARTNERS.The general partners shall be liable to account to each other and to the special partners for the management of the concern, both at law and in equity.
PAYMENT OF MONEY INTO COURT.
Sec. 1529. IN WHAT CASES.-In any personal action the Secs 1008, 1010, defendant may pay into court a sum of money on account of what is claimed by the plaintiff, or by way of compensation or amends, with costs to the time of such payment, and plead that he is not indebted to the plaintiff (or that the plaintiff has not sustained damages) to a greater amount than said sum.
Sec. 1530. RIGHT OF PLAINTIFF.-The plaintiff may accept the said sum, either in full satisfaction or in part satisfaction, and reply to the plea generally, and if issue thereon be found for the defendant judgment shall be given for the defendant and he shall recover his costs.
Dexter v. Lich
Sec. 1531. DEFENDANT'S RIGHT ON CLAIM BY THIRD liter, 24 D. C. PARTY. Upon affidavit by the defendant, in an action App., 223. upon contract or for the recovery of personal property, that a third party, without collusion with him, has or makes claim to the subject of the action, and that he, the defendant, is ready to pay or dispose of the same as the court may direct, the court may make an order for the safekeeping or for the payment or deposit in court of the subject of the action, or the delivery thereof to such person as it may direct, and also an order requiring such third party to appear in a reasonable time and maintain or relinquish his claim against the defendant; and if said third party, having been served with a copy of the order by the marshal, fail to appear the court may declare him barred of all claim in respect to the subject of the action against the defendant therein; but if he appear he shall be allowed to make himself defendant in the action in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action on his compliance with the order of the court for the payment, deposit, or delivery thereof.
PLEADINGS AND PRACTICE IN RELATION THERETO.
Sec. 1532. JOINDER OF CLAIMS.-The plaintiff may join in his declaration in debt, in separate counts, different claims for liquidated amounts due him, whether founded on judgment, specialty, or simple contract, and also claims for unliquidated damages for breach of contract, whether growing out of specialties or simple contract. He may also join in his declaration in trespass, in separate counts, different claims for damages for torts, whether com31 Stat., 1418. mitted with force or not. He shall [not] also be allowed to join in the same declaration counts sounding in tort and counts sounding in contract when they relate to the same transaction, but not otherwise. (32 Stat., Part I, p. 543.)
Sec. 1211; 38 L. R., 18; 122 U. S., 575.
Railway Co. v. Patten; 23 D. C.
Sec. 1533. WAIVER OF DEMURRER.-In all cases, civil App., 119; 38 L. or criminal, in which any or either party shall demur to any indictment, declaration, or other pleading of the adverse party, and said demurrer shall be overruled, the party demurring shall have the right to plead over, by traverse or otherwise, without waiving his said demurrer; and upon appeal shall have the right to insist upon his demurrer and have the benefit thereof as fully as if he had not pleaded over.
Clark v. Harmer, 5 D. C. App.,
Sec. 1534. NON EST FACTUM. -No plea of non est fac114; 4 D. C. App., tum shall be received unless it be verified by the oath of 505; Md. act 1785, the party tendering the same, or unless the defendant,
ch. 80, sec. 3.
being heir, executor, or administrator of the person alleged to have made the deed, obtain leave of the court, upon just cause shown, to put in such plea without verification.
Robinson v. Sec. 1535. PLAINTIFF'S OFFICIAL CHARACTER, HOW
Parker, 11 D. C.
C. App., 85.
App., 132; 17 D. DENIED. If either party wishes to deny the right of any other party to claim as executor, or as trustee, or in other representative capacity, or as a corporation, he shall deny the same specially under oath, unless for cause shown he obtain leave of the court to make such denial without oath.-Act of June 30, 1902 (32 Stat., Part I, p. 544).
[Sec. 1535. PLAINTIFF'S OFFICIAL CHARACTER, HOW DENIED.-If either party wishes to deny the right of any other party to claim as executor, or as trustee, or in other representative capacity, or as a corportaion, he shall deny the same specially under oath.]