Lapas attēli
PDF
ePub

(c) Those to limited partners in respect to the capital of their contributions,

(d) Those to general partners other than for capital and profits, (e) Those to general partners in respect to profits,

(f) Those to general partners in respect to capital.

(2) Subject to any statement in the certificate or to subsequent agreement, limited partners share in the partnership assets in respect to their claims for capital, and in respect to their claims for profits or for compensation by way of income on their contributions respectively, in proportion to the respective amounts of such claims.

§ 24. WHEN CERTIFICATE SHALL BE CANCELLED OR AMENDED.] (1) The certificate shall be cancelled when the partnership is dissolved or all limited partners cease to be such.

(2) A certificate shall be amended when

(a) There is a change in the name of the partnership or in the amount or character of the contribution of any limited partner, (b) A person is substituted as a limited partner, (c) An additional limited partner is admitted,

(d) A person is admitted as a general partner,

(e) A general partner retires, dies, or becomes insane, and the business is continued under section 20,

(f) There is a change in the character of the business of the partnership,

(g) There is a false or erroneous statement in the certificate,

(h) There is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a contribution,

(i) A time is fixed for the dissolution of the partnership, or the return of a contribution, no time having been specified in the certificate, or

(j) The members desire to make a change in any other statement in the certificate in order that it shall accurately represent the agreement. between them.

§ 25. REQUIREMENTS FOR AMENDMENT AND FOR CANCELLATION OF CERTIFICATE. (1) The writing to amend a certificate shall

(a) Conform to the requirements of section 2

(la) as far as necessary to set forth clearly the change in the certificate which it is desired to make, and

(b) Be signed and sworn to by all members and an amendment substituting a limited partner or adding a limited or a general partner shall be signed also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the assigning limited partner.

(2) The writing to cancel a certificate shall be signed by all members.

(3) A person desiring the cancellation or amendment of a certificate, if any person designated in paragraphs (1) and (2) as a person who must execute the writing refuses to do so, may petition the (here designate the proper court) to direct a cancellation or amendment thereof.

(4) If the court finds that the petitioner has a right to have the writing executed by a person who refuses to do so, it shall order the recorder of deeds in the office where the certificate is recorded to record the cancellation or amendment of the certificate; and where the certificate is to be amended, the court shall also cause to be filed for record in said office a certified copy of its decree setting forth the amendment.

(5) A certificate is amended or canceled [cancelled] when there is filed for record in the office (here designate the office designated in section 2) where the certificate is recorded.

(a) A writing in accordance with the provisions of paragraph (1) or (2) or

(b) A certified copy of the order of court in accordance with the provisions of paragraph (4).

(6) After the certificate is duly amended in accordance with this section, the amended certificate shall thereafter be for all purposes the certificate provided for by this Act.

§ 26. PARTIES TO ACTIONS.] A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner's right against or liability to the partnership.

8 27. NANE [NAME] OF ACT.] This Act may be cited as the Uniform Limited Partnership Act.

§ 28. RULES OF CONSTRUCTION.] (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this Act.

(2) This Act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.

(3) This Act shall not be so construed as to impair the obligations of any contract existing when the Act goes into effect, nor to affect any action or proceedings begun or right accrued before this Act takes effect. § 29. RULES FOR CASES NOT PROVIDED FOR IN THIS ACT.] In any case not provided for in this Act the rules of law and equity, including the law merchant, shall govern.

§ 30. PROVISIONS FOR EXISTING LIMITED PARTNERSHIP.] (1) A limited partnership formed under any statute of this State prior to the adoption of this Act, may become a limited partnership under this Act by complying with the provisions of section 2; provided the certificate sets forth

(a) The amount of the original contribution of each limited partner, and the time when the contribution was made, and

(b) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners.

(2) A limited partnership formed under any statute of this State prior to the adoption of this Act, until or unless it becomes a limited partnership under this Act, shall continue to be governed by the provisions of an Act entitled, "An Act to revise the law in relation to limited partnerships," approved March 18, 1874, in force July 1, 1874,

LUNATICS, IDIOTS, DRUNKARDS AND SPENDTHRIFTS.

577

except that such partnership shall not be renewed unless so provided in the original agreement.

§ 31. ACT (ACTS) REPEALED.] Except as affecting existing limited partnerships to the extent set forth in section 30, the Act entitled "An Act to revise the law in relation to limited partnerships," approved March 18, 1874, in force July 1, 1874, is hereby repealed.

FILED June 28, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-eighth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

LUNATICS, IDIOTS, DRUNKARDS AND SPENDTHRIFTS.

§ 1. Amends Act of 1874, by adding section 36a.

(HOUSE BILL No. 878.

§ 36a. Removal of estate of ward to another county-jurisdiction.

APPROVED JUNE 26, 1917.)

AN ACT to amend an Act entitled, "An Act to revise the law in relation to idiots, lunatics, drunkards and spendthrifts," approved March 26, 1874, in force July 1, 1874, as subsequently amended, by adding thereto a new section to be known as section 36a.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act to revise the law in relation to idiots, lunatics, drunkards and spendthrifts," approved March 26, 1874, in force July 1, 1874, as subsequently amended, be, and the same is hereby amended, by adding thereto a new section, to be known as section 36a, to read as follows:

§ 36a. Whenever it shall appear to the court granting letters of conservatorship that the ward or the corpus of the estate or a major portion thereof, is removed from the county into another county in this State and that it would be for the best interest of the ward or his estate that the estate be administered in the county to which such ward or estate is removed, the court shall have power by an order entered therein to transfer such conservatorship to such other county and to order or authorize the issuance of certified copies of all petitions, applications, reports and orders in the estate: Provided however, that such order shall not be entered until it shall appear to the court having original jurisdiction that a conservator has been duly appointed and qualified in such other county.

Upon the filing of such order in the court to which the estate is transferred, such court shall enter such estate upon its docket, and upon the filing of satisfactory bond, issue letters of conservatorship and thereafter administer the estate as if letters originally issued from such court.

Copies of the files in any such case certified by the clerk of the court in which the same were filed, shall have the same force and effect as if originally filed in the court to which an estate is transferred. APPROVED June 26, 1917.

[blocks in formation]

AN ACT to amend section five, (5) of an Act entitled, “An Act concerning masters in chancery," approved April 4, 1872, in force July 1, 1872; as amended by an Act approved April 29, 1873, in force July 1, 1873, and as amended by an Act approved May 29, 1891, and in force July 1, 1891.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section five (5) of an Act entitled, "An Act concerning masters in chancery," approved April 4, 1872, in force July 1, 1872; as amended by an Act approved April 29, 1873, in force July 1, 1873, and as amended by an Act approved May 29, 1891, and in force July 1, 1891, be and the same is hereby amended t read as follows:

§ 5. Whenever it shall happen that there is no master in chancery in any county, or when such master shall be of counsel or of kin to either party interested, or otherwise disqualified or unable to act in any suit or matter, the court may appoint a special master to perform the duties of the office in all things concerning such suit or matter; and every special master in chancery so appointed, before entering on the duties of his appointment, shall give bond, with security to be approved by the court, and take and subscribe an oath of office in such suit or matter. which bond and oath shall be filed with the clerk of the court making the appointment and spread upon the records thereof; Provided, horever, that said special master shall not be required to give said bond if no funds shall be paid to him in said cause.

APPROVED June 14, 1917.

[blocks in formation]

(HOUSE BILL No. 657. APPROVED JUNE 25, 1917.)

AN ACT to revise the law in relation to the practice of the art of treating human ailments.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: This Act shall be known as "the Medical Practice Act of Illinois."

§ 2. No person shall practice medicine and surgery or any of the branches thereof, or any system or method of treating human ailments without the use of drugs or medicines and without operative surgery, or midwifery, without a license so to do.

3. No person shall, except as otherwise provided in this Act, hereafter be licensed to practice medicine, or any other system or method. of treating human ailments, or midwifery, unless he shall pass a satisfactory examination conducted by the Department of Registration and Education, pursuant to an Act entitled, "An Act in relation to the civil

« iepriekšējāTurpināt »