by him owing, and all property exempt by law from levy or sale on execution, which oath or affirmation shall be subscribed by the sureties, and taken before and certified to by some officer authorized by law to administer oaths, and any person swearing or affirming falsely in this regard shall be liable to and suffer all the pains and penalties of the statutes of this state to punish persons for the crime of perjury.

3218. Each notary public, before performing any duties of his office, shall provide himself with an official seal, on which shall be engraved the words "Notarial seal," the none of the county for which he was appointed and commissioned, and the word "Nebraska," and in addition, at his option, his name, or the initial letters of his name, with each seal, by impression, all his official acts as notary public shall be authenticated. Each person so appointed and commissioned shall also, before entering upon the duties of the office, provide himself with an official record, in which shall be recorded all his official acts, together with a copy of the instrument, certificate of protest, and notices and other matter by him acted upon -except the taking of acknowledgments and proofs of deeds, and other instruments required by law to be recorded, either in this or other states, affidavits and depositions, and other acts not relating to protests. And the record and seal of such notary public shall be exempt from levy or sale on execution, attachment, or warrant of distraint.

Not necessary that the name of the notary should be placed on the seal. Words "Notarial seal" sufficient. 21, 265 (31 N. W., 797).

3219. Every person, during the term of his office, so appointed, commissioned, and qualified to the office of notary public, is hereby authorized and empowered, within the county for which he was appointed to such office, to administer oaths and affirmations, in all cases; to take depositions, acknowledgments, and proofs of the execution of deeds, mortgages, powers of attorneys, and other instruments in writing, to be used or recorded in this state, to demand acceptance.or payment of any foreign, inland, or domestic bill of exchange, promissory note, or other obligation in writing, and to protest the same for non-acceptance or non-payment, as the case may be, and give notice to endorsers, makers, drawers, or acceptors, of such demand or non-acceptance or non-payment; and to exercise and perform such other powers and duties as by the law of nations, and according to commercial usage, or by the laws of the United States, or of any other state or territory of the United States, or of any other government, or country, may be exercised and performed by notaries public, and over his signature and official seal certify the performance of such duties so exercised and performed under the provisions of this act, which certificate shall be received in all courts of this state as presumptive evidence of the facts therein certified to; and on due proof of the loss of such original certificate, the record thereof, so kept by such notary public as is by this act prescribed, shall be received by all courts in this state as presumptive evidence of the facts therein recorded; Provided, That any person interested in the subject-matter of such certificate or record of such certificate may, by other evidence, contradict the matters and things set forth in such certificates, or in the record thereof.

3220. Every notary public, when notice by a party to any civil suit pending in any court of this state, upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited with him, or when a special commission issued out of any court of any state or country without this state, together with notice for the taking of testimony by depositions or commissions, has been deposited with him, is empowered to issue summonses and

command the presence before him of witnesses, and to punish witnesses for neglect or refusal to obey such summons, or for refusal to testify when present, by commitment to the jail of the county for contempt; and all sheriffs and constables in his state are hereby required to serve and return all process issued by notaries public in the taking of testimony of witnesses by commission or deposition.

Notary has power to commit for contempt witness who refuses to give deposition. 21, 272 (31 N. W., 929). But have no power to punish for misconduct other than refusal to answer. 31, (48 N. W., 763).

3221. If any person shall be damaged or injured by the unlawful act, neglience, or misconduct of any notary public, in his official capacity, the person damaged or injured may maintain a civil action on the official bond of such notary public against such notary public and his sureties, and a recovery in such action shall not be a bar to any future action for other causes, to the full amount of the bond.

3222. Each person who holds or hereafter shall be appointed and commissioned to the office of notary public shall, within thirty days after the expiration of the term of his office, either by limitation, removal from office, or removal from the county for which he was appointed, enter in his official record a certificate over his hand and notarial seal, setting forth that such record is his official record as such notary public, from the day of the commencement of the term of his office, or other time of the commencement of his records, to the time of the expiration of his office, and deposit such record and certificate aforesaid in the office of the clerk of the county for which he was appointed notary public, and in the event of his death or removal from this state, such certificate shall be received in all the courts of this state as presumptive evidence that the record in which or to which such certificate shall be entered or attached was the official record of such notary public; and any person who shall neglect or fail to comply with the provisions of this section shall forfeit and be liable to pay to the county for which he was appointed and commissioned a notary public, for the use of the school fund, the sum of two hundred dollars, to be recovered in any court of the county having jurisdiction, in the name of the county, upon the relation of the district attorney of the district in which such county shall be situated.

3223. If any county clerk of any county in this state shall neglect or willfully refuse to perform the duties imposed on him by this act, or shall willfully refuse to deliver the commission so issued by the governor to any notary public, after he shall have duly filed the bond required by this act, and qualified, such county clerk shall forfeit and be liable to pay to the county for which such notary public was appointed, for the use of the school fund, the sum of two hundred dollars, to be recovered as provided in section nine of this act.

3224. No deed, mortgage, power of attorney, or other instrument in writing, heretofore executed and acknowledged or proven before a notary public, shall be held invalid or defective because the official seal of the notary public subscribing the certificate of acknowledgment, proof, or other official act of such notary public annexed thereto had engraved thereon the initial or abbreviation of any words, or other word or words different from those required to be contained or engraved on the seal of a notary public by this act.

3225. Whenever a vacancy in the office of notary public shall occur in any county, it shall be the duty of the county clerk to notify the secretary of state of the fact, who shall keep a record in his office of the name of the person appointed, date of his commission and time of its expiration, and the time such office becomes vacant, either by removal from office, removal from the county, or limitation of

term of appointment, and when a vacancy shall occur in the office of notary public in any county, it shall be the duty of the secretary of state to notify the governor. First part of original section, limiting the number, omitted. 1883, p. 249.

3226. The secretary of state shall be entitled, for receiving, affixing the great seal to, and forwarding the commission of a notary public, the sum of one dollar; and the county clerk of the county, to whom the same shall be forwarded, the sum of two dollars on each commission as fee for services under this act, to be paid by the person appointed and commissioned, before the delivery to him of the commission, which fees of the secretary of state shall be transmitted to him by the county clerk immediately after their receipt by him.

3227. That whenever charges of malfeasance in office shall be preferred to the governor against any notary public in this state, or whenever the governor shall have reasonable cause to believe any notary public in this state is guilty of acts of malfeasance in office, the governor may appoint any disinterested person, not related by consanguinity to either the notary public or person preferring the charges, and authorized by law to take testimony of witnesses by deposition, to notify such notary public to appear before him on a day and at an hour certain, after at least ten days from the day of service of such notice, and summon witnesses in the manner provided by this act, for the taking of testimony of witnesses by deposition, to appear before him, at the time in said notice specified, and take the testimony of such witnesses in writing, in the same manner as is by law provided for taking depositions, and certify the same to the governor, at which time the notary public under charges may appear, cross-examine the witnesses, and produce witnesses in his behalf, which crossexamination and testimony shall be likewise certified to the governor. Upon the receipt of such examination, duly certified in the manner prescribed for taking depositions to be used in suits in the district courts of this state, the governor shall examine the same, and if therefrom he should be satisfied the charges are substantially proven, the governor may remove the person charged from the office of notary public; and thereupon, within thirty days from such removal and notice thereof, such notary public shall deposit with the county clerk of the county for which he was appointed his commission as notary public, with his official record and certificate thereof, as prescribed by section nine of this act [3222]; and on his failure to do so, shall be liable to the penalty and payment of two hundred dollars, to be recovered in the manner provided in said section nine, which commission, on its receipt by the county clerk, shall be forwarded by him to the secretary of state, to be canceled; and thereafter such person so removed from office shall be forever disqualified from holding the office of notary public; and the fees for taking such testimony shall be paid by the county, at the same rate as fees for taking depositions by notaries public.

CHAPTER 40.-PARTNERSHIPS.

Secs. 3228 to 3230. "An act providing for the recording of the names of all members of associations doing business under a firm, partnership, or corporate name." 1875, p. 178. In force September 1.

3228. That any association of persons doing business in any county of this state under a firm, partnership, or corporate name, and not incorporated under the laws of this state, shall have recorded in the office of the county clerk of the county where the place of business of said association is located, a certificate signed by each member of such association, showing: First-The firm, partnership, or corporate name of such association; Second-The general nature of the business thereof and the principal place of doing business; and Third-The full name and residence of each individual member of such association.

3229. The county clerk of each county shall keep a book for the aforesaid purpose of recording said certificates and shall receive the same fees therefor as for recording other instruments, and such record or a certified transcript thereof shall be prima facie [evidence] in any court in this state of any of the facts therein set forth.

3230. Any person who shall for the space of twenty days fail, neglect, or refuse to comply with any of the provisions of this act, shall, on conviction thereof, be fined in any sum not exceeding one thousand dollars, and any fine so adjudged against any member of any association may be collected by execution from the property of such association.

Secs. 3231 to 3255.

1873. In force March 1.

"An act to authorize limited partnerships in the state of Nebraska.” G. S., 504.

3231. That limited partnerships for the transaction of any mercantile, mechanical, or manufacturing business within this state, may be formed by two or more persons upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this chapter shall not be construed to authorize any such partnership for the purpose of banking or effecting insurance.

3232. Such partnerships may consist of one more persons, who shall be called general partners, and shall be joint and severally responsible as general partners now are by law, and of one or more persons who shall contribute in actual cash payments, or in goods, wares, merchandise, machinery, and fixtures, a specific sum as capital to the common stock, who shall be called special partners, and shall not be liable for the debts of the copartnerships beyond the fund so contributed by him or them to the capital stock.

Partners liable for full amount of partnership debts. 8, 363.

3233. The general partners only shall be authorized to transact business and sign for the copartnership and to bind the same.

3234. The persons desiring to engage in the formation of such partnerships, shall make and severally sign a certificate which shall contain: 1. The name of the firm under which such partnership is to be conducted. 2. The general nature of the business intended to be transacted. 3. The names of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence. 4. The amount of capital in money or goods, wares, merchandise, machinery, and fixtures, which each special

partner shall have contributed to the common stock. 5. The period at which the partnership is to commence, and the period at which it shall terminate.

3235. The certificate shall be acknowledged by the several persons signing the same before a notary public, or other officer authorized by law to take the acknowledgement or proof of the execution of conveyances of land, and such acknowledgment or proof shall be made and certified in the same manner as the acknowledgment or proof of conveyances of land may be made or certified.

3236. The certificate so acknowledged and certified shall be filed in the office of the county clerk of the county in which the principal place of business of the partnership shall be situated, and shall be recorded by such clerk in a book to be kept for that purpose, and in case any such partnership shall have a place of business in more than one county in the state, then a copy of such certificate, so acknowledged and certified by the clerk of the county where the original was filed, shall in like manner be filed and recorded in each other county in which such partnership shall have a place of business, in the office of the clerk of said county.

3237. At the time of filing the original certificate, with the evidence of the acknowledgment thereof, as before directed, an affidavit of one or more of the general partners shall also be filed in the same office, stating that the sums specified in the certificate, or value thereof in goods, wares, merchandise, machinery, and fixtures, have been contributed by each of the special partners to the common stock and actually and in good faith paid into the general fund.

3238. No such partnership shall be deemed to have been formed until a certificate shall have been made, acknowledged, filed, and recorded, nor until an affidavit shall have been filed, as before directed; and if any false statement be made in such certificate or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof as general partners.

3239. The partners shall immediately publish the terms of the partnership, when registered as above provided, for at least six consecutive weeks, in two newspapers to be designated by the clerk of the county in which the registry shall be made, and if no newspapers are published in the county, then the same shall be published in the judicial district in which their business shall be conducted, and if such publication be not made, the partnership shall be deemed general.

3240. Affidavits of the publication of such notice by the printer, publisher, or foreman of the newspapers in which the same shall be published, may be filed with the clerk directing the same, and shall be evidence of the facts therein contained.

3241. Every renewal or continuance of such 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 herein required for its original formation, and every such partnership which shall be otherwise renewed or continued shall be deemed a general partnership.

3242. 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, and every such 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 according to the provisions of this act.

Court has authority in a dissolution of partnership to decree an accounting. Good-will is a part of the assets. 9, 262 (2 N. W. 370).

3243. The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted, and if the name of