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made and certified in the manner provided by law for the acknowledgment of deeds for the conveyance of land. [L. 1847, p. 60, § 5.

6. RECORD OF CERTIFICATE.] § 6. The certificate, so acknowledged and certified, shall be filed in the office of the clerk of the county in which the principal place of business shall be situated, and shall be recorded at large by the clerk, in a book to be kept by him; and such book shall be subject, at all reasonable hours, to the inspection of all persons who may choose to inspect the same. If the partnership shall have places of business situated in different counties, a transcript of such certificate, and of the acknowledgment thereof, duly certified by the clerk in whose office it shall have been filed, under his official seal, shall be filed and recorded, in like manner, in the office of the clerk of every such county; and the books containing such records shall be subject to inspection, in the manner above directed. [L. 1847, p. 60, § 6.

7. AFFIDAVIT.] § 7. At the time of filing the original certificate, as before directed, an affidavit of one or more of the general partners shall also be filed in the same office, stating that the amount in money, or other property at cash value, specified in the certificate to have been contributed by each of the special partners to the common stock, has been, actually and in good faith, contributed and applied to the same. [L. 1847, p. 61, § 7.

8. FILING FOR RECORD NECESSARY-FALSE STATEMENT.] § 8. No such partnership shall be deemed to have been formed until such certificate, acknowledgment and affidavit shall have been filed, as above directed; and if any false statement shall 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. [L. 1847, p. 61, § 8.

9. PUBLICATION.] § 9. The partners shall publish the terms of partnership, when recorded, for at least six weeks, unless the partnership be sooner dissolved, immediately after recording the same, in some newspaper, such newspaper to be one printed and of general circulation in the county in which the business is to be carried on, or if no such newspaper is published in such county then in the county nearest thereto in which a newspaper shall be published; and if publica tion be not made, as herein provided, the partnership shall be deemed general. [L. 1847, p. 61, § 9.

10. PROOF OF PUBLICATION.] § 10. Affidavits of publication of such notices by the printer or publisher of the newspaper in which the same has been published, may be filed with the clerk directing the same, and shall be evidence of the fact therein contained. [See "Notices," ch. 100, § 1. L. 1847, p. 61, § 10.

11. RENEWAL OF LIMITED PARTNERSHIP] § 11. Upon the renewal or continuance of a limited partnership beyond the time for which it was first created, a certificate shall be made, acknowledged, recorded and published, in like manner as is provided in this act for the formation of limited partnerships; and the affidavit of one or more of the general partners, as above provided, shall also be filed with the proper county clerk, as aforesaid. And every such partnership which shall not be renewed or continued in conformity with the provisions of this section, shall be deemed a general partnership. [L. 1847, p. 61, § 11.

12. NOTICE OF DISSOLUTION.] § 12. No dissolution of a limited partnership shall take place, except by operation of law, before the time specified in the certificate before mentioned, unless a notice of such dissolution shall be recorded in the registry in which such certificate was recorded, and in every other registry where a copy of such certificate was recorded, and unless such notice shall also be published six weeks, successively, in some newspaper printed in the county where the certificate of the formation of such partnership was recorded; and if no newspaper shall, at the time of such dissolution, be printed in such county, then the said notice of such dissolution shall be published in some newspaper printed in an adjoining county. [L. 1847, p. 62, § 16.

13. SPECIAL PROVISIONS IN CASE OF DEATH.] § 13. The articles of co-partnership may provide what, in case of the decease of any of the general partners,

shall be the relative rights of the heirs and legal representatives of the general partners, respectively, upon what contingency the death of any of the general partners shall operate as a dissolution of the partnership, and how and in what manner the business of such partnership shall be carried on in case of the decease of any of the general partners, and such agreement shall be binding upon all the parties to such partnerships, their heirs and legal representatives. [L. 1867, p. 136, § 3.

14. WHO CONTINUE BUSINESS-RIGHTS OF HEIRS, ETC.] § 14. When it is provided in the articles of co-partnership and said certificate that the death of a general or special partner shall not work a dissolution of the firm, the surviving general partner shall continue the business for the time provided for in the certificate, and in the manner provided in the articles of co-partnership: Provided, that the heirs and legal representatives of a deceased general partner, unless otherwise provided in the articles of co-partnership, or otherwise agreed upon between them and the surviving partners, shall stand in the same relation to the partnership as a special partner, subject to no greater liabilities and entitled to the same relative rights. [L. 1867, p. 136, § 4.

15. FRAUD, ETC.] § 15. Nothing in this act contained shall be so construed as to prevent the dissolution of any limited partnership at any time, on account of the fraud or misbehavior of any partner, nor to prevent the compelling of an account of the partnership business, or the protecting of the rights of any parties interested in any court of compétent jurisdiction. [L. 1867, p. 136, § 4.

16. FIRM NAME.] § 16. 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 any special partner shall be used in such firm with his privity, he shall be deemed a general partner. [L. 1847, p. 61, § 12.

17. SUITS-PARTIES.] § 17. All suits respecting the business of such partnership shall be prosecuted by and against the general partners only, except in those cases in which provision is made in this act that the special partnership may be deemed a general partnership, in which cases all the partners deemed general partners may join or be joined in such suit; and excepting, also, those cases where special partners shall be held severally responsible, on account of any sum by them received or withdrawn from the common stock, as herein provided. [L. 1847, p. 62, § 15.

18. CAPITAL STOCK-INTEREST.] § 18. No part of the sum which any special partner has contributed to the capital stock shall be withdrawn or paid to him in the shape of loans, dividends, profits or otherwise, at any time during the continuance of the partnership; but any partner may, annually, receive lawful interest on the sum so contributed by him or profits actually accrued, if the payment of such interest or profits does not reduce the original amount of his capital. If it appear that, by the payment of any such interest or profits to any special partner, the original capital has been reduced, the partner receiving the same is bound to restore the amount necessary to make good his share of the capital stock without interest. [L. 1847, p. 61, § 13.

19. POWERS OF SPECIAL PARTNER.] § 19. A special partner may, from time to time, examine into the state and progress of the partnership concerns, may advise as to their management, and act as attorney in fact, but shall not transact any other business nor be employed for that purpose as agent or otherwise, without the express assent of all the general partners, and if he interfere contrary to the provisions of this section he shall be deemed a general partner.

20. ACCOUNTING.] § 20. The general partners in every such partnership shall be liable to account to the special partners, and to each other, for the management of the concern, both in law and equity, as other partners. [L. 1847, p. 62, § 17.

21. PENALTY FOR FRAUD.] § 21. 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 mis

demeanor, and punished by fine or imprisonment, or both, in the discretion of the

court.

22. PREFERENCES.] § 22. It shall not be lawful for any such partnership, nor any member thereof, in contemplation of bankruptcy or insolvency, and with the intention and for the purpose of paying or securing any one or more of their creditors in preference to any other of their creditors, to make any sale, conveyance, gift, transfer or assignment of their property or effects, or to confess any judgment, or to create any lien whatsoever upon their property or effects; and every such conveyance, gift, transfer, or assignment involving such judgment or other lien, shall be and the same is hereby declared to be utterly void. [L. 1847, p. 61, § 14.

23. WHEN SPECIAL PARTNER NOT TO CLAIM AS CREDITOR.] § 23. In case of bankruptcy or insolvency of partnership, no special partner shall be consid ered or allowed to claim as a creditor under any circumstances, except for money loaned by him to such partnership, until the claims of all the other creditors of the partnership shall be satisfied. [L. 1847, p. 62, § 18.

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AN ACT to revise the law in relation to the commitment and detention of lunatics. [Approyed March 21, 1874.

In force July 1, 1874.]

1. PETITION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any person is supposed to be insane or distracted, any near relative, or in case there be none, any respectable person residing in the county may petition the judge of the county court for proceedings to inquire into such alleged insanity or distraction. For the hearing of such application and proceedings thereon, the county court shall be considered as always open. [L. 1853, p. 242, § 6.

2. WRIT-SERVICE.] § 2. Upon the filing of such petition, the judge shall order the clerk of the court to issue a writ, directed to the sheriff or any consta ble, or the person having the custody or charge of the alleged insane or distracted person, unless he shall be brought before the court without such writ, requiring the alleged insane person to be brought before him at a time and place to be ap pointed for the hearing of the matter. It shall be the duty of the officer or person to whom the writ is directed to execute and return the same, and bring the alleged insane person before the court as directed in the writ. [L. 1865, p. 85, § 2. 3. SUBPENAS.] § 3. The clerk shall also issue subpenas for such witnesses as may be desired on behalf of the petitioner, or of the person alleged to be insane, to appear at the time fixed for the trial of the matter. [L. 1853, p. 242, § 6; L. 1865, p. 85, § 3.

The

4. JURY-TRIAL.] § 4. At the time fixed for the trial, a jury of six persons, one of whom shall be a physician, shall be impaneled to try the case. case shall be tried in the presence of the person alleged to be insane, who shall have the right to be assisted by counsel, and may challenge jurors as in civil cases. The court may, for good cause, continue the case from time to time. [L. 1853, p. 242, § 6; L. 1865, p. 85, § 3.

5. VERDICT-FORM.] § 5. After hearing the evidence the jury shall render their verdict in writing, signed by them, which shall embody the substantial facts shown by the evidence, which verdict may be substantially in the following form:

STATE OF ILLINOIS, 88.

......

County.

We, the undersigned, jurors in the case of. evidence in the case, are satisfied that said.

.(naming the person alleged to be insane), having heard the is insane, and is a fit person to be sent to a state hospital for the insane; that he is a resident of the state of Illinois, and county of........... ....; that his age is.. ....; that his

disease is of.......duration; that the cause is supposed to be....... (or is unknown); that the disease is (or is not) with him hereditary; that he is not (or is) subject to epilepsy, and that he does (or does not) manifest homicidal or suicidal tendencies. (If the person be a pauper, the fact shall also be announced in the verdict.)

[L. 1853, p. 242, § 7.

6. VERDICT RECORDED-ORDER OF COMMITTAL-APPLICATION.] § 6. Upon the return of the verdict, the same shall be recorded at large by the clerk, and if it appears that the person is insane, and is a fit person to be sent to a state hospital for the insane, the court shall enter an order that the insane person be committed to a state hospital for the insane, and thereupon it shall be the duty of the clerk of the court to make application to the superintendent of some one of the state hospitals for the insane for the admission of such insane person.

7. TO WHICH HOSPITAL-APPLICATION, ETC.] § 7. If such insane person is a pauper the application shall be first made to the nearest hospital, but if he be not a pauper, application shall be made to such one of the state hospitals for the insane as the relatives or friends of the patient shall desire. In any case, if, on account of the crowded condition of any one of the hospitals, or for other good reason, the patient cannot be received therein, or it is not desirable to commit him thereto, he may be committed to any other of said hospitals. Upon receiving any such application, the superintendent shall immediately inform the clerk whether the patient can be received, and if so, at what time; and if not, shall state the reason why.

8. WARRANT TO COMMIT.] § 8. Upon receiving notice at what time the patient will be received, the clerk shall, in due season for the conveyance of the person to the hospital by the appointed time, issue a warrant directed to the sheriff or any other suitable person, preferring some relative of the insane person when desired, commanding him to arrest such insane person and convey him to the hospital; and if the clerk is satisfied that it is necessary, he may authorize an assistant to be employed. [L. 1853, p. 244, § 10.

9. FORM OF WARRANT.] § 9. The warrant may be substantially as follows:

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You are hereby commanded forthwith to arrest. who has been declared to be insane, and convey him to the Northern (or as the case may be) Illinois Hospital for the Insane, (and you are hereby authorized to take to your an assistant, if deemed necessary,) and of this warrant make due return to this office after its execution. Witness my hand and the seal of the county court of...... county, this......day of......, A. D....... [L. S.] Clerk of the county court...... county.

[L. 1853, p. 244, § 10.

10. INDORSEMENT-RETURN.] § 10. Upon receiving the patient, the superintendent shall indorse upon said warrant a receipt as follows:

Received, this

day of

Northern (or as the case may be) Illinois Hospital for the Insane A. D......., the patient named in the within warrant.

Superintendent.

This warrant, with a receipt thereon, shall be returned to the clerk, to be filed by him with the other papers relating to the case. [L. 1853, p. 244, § 10.

11. WHO NOT ADMITTED-IDIOTS DISCHARGED.] § 11. No person having any contagious or infectious disease, and no idiot, shall be admitted to either of the state hospitals. When the trustees and superintendent shall find that an idiot has been received into the hospital, they may discharge him. [L. 1851, p. 98, § 12; L. 1853, p. 245, § 17.

12. TEMPORARY COMMITMENT.] § 12. If the court shall deem it necessary, pending proceedings and previous to verdict, or after verdict and pending admis sion to the hospital, temporarily to restrain of his liberty the person alleged to be insane, then the court shall make such order in that behalf as the case may require, and the same being entered of record, a copy thereof certified by the clerk shall authorize such person to be temporarily detained by the sheriff, jailer or other suitable person to whom the same shall be directed.

13. COSTS.] § 13. When a person, not a pauper, is alleged to be insane, and is found by the jury not to be insane, the costs of the proceeding, including the

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