or by fine not exceeding three hundred ($300) dollars, or by both such fine and imprisonment at the discretion of the court; Provided, That nothing in this act shall be construed as to the use in street lamps of the lighter products of petroleum such as gasoline, benzine, benzole, and naptha.

3891 SEC. 12. [Personal liability.] Whoever shall knowingly sell or cause to be sold any of the illuminating oils as specified in this act which are below one hundred (100) degrees, Fahrenheit, when tested as provided for in section three of this act, shall be liable to any person purchasing any of such oil, or any person injured thereby, for any damages to person or property arising from any explosion thereof.

3892 SEC. 13. [Traffic prohibited.] No state inspector or deputy inspector shall while in office traffic, directly or indirectly, in any of the oils which he has been appointed to inspect, and in case of a violation of this provision the offender shall be fined in any sum not exceeding five hundred ($500) dollars and be removed from his position.

3893 SEC. 14. [Complaints by inspector.] It shall be the duty of the state inspector or any deputy inspector who shall know of the violation of any of the provisions of this act to enter complaint before any court of competent jurisdiction against any person so offending, and in case the state inspector or deputy inspector having knowledge of such violation shall neglect to enter complaint, he shall be deemed guilty of a misdemeanor, and upon conviction shall be removed from his position.

3894 SEC. 15. [Duty of county attorney.] It shall be the duty of all county attorneys to represent and prosecute on behalf of the people within their respective counties, all cases of offenses arising under the provision of this act.

3895 SEC. 16. [Jurisdiction of inspector.] All questions of dispute arising between the deputy inspector and manufacturer and dealers shall be submitted to the state inspector for his decision, and his decision shall be final.

3896 SEC. 17. [Removal from office.] It shall be the duty of the governor to remove from office any state inspector who shall prove himself to be either unfaithful or incompetent in the discharge of his duties.

3897 SEC. 18. [Acts repealed.] All acts and parts of acts in conflict with this act are hereby repealed.

CHAPTER 65.-PARTNERSHIPS.

3898 SECTION 1. [Limited-Formation.] 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. [G. S., 504.]

3899 SEC. 2. [Partners-General-Special-Liability.] Such partnerships may consist of one or more persons who shall be called general partners, and who shall be jointly 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 who shall not be liable for the debts of the co-partnerships beyond the fund so contributed by him or them to the capital stock.

3900 SEC. 3. [Business transactions.] The general partners only shall be authorized to transact business and sign for the co-partnership and to bind the same.

3901 SEC. 4. [Certificate of formation.] 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 in 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.

3902 SEC. 5. [Same-Acknowledgment.] 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 acknowledgment 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.

3903 SEC. 6. [Same-Filing.] 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 is 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.

3904 SEC. 7. [Same-Capital-Affidavit.] 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

СНАР. 65. "An act to authorize limited partnerships in the state of Nebraska." Chap. 52, G. S., 504. Took effect March 1, 1873. Mere sharing of profits does not make partnership. 31 Neb., 354. Partnership defined. Sharing profits presumptive evidence. Tests. 43 Id., 84.

special partners to the common stock, and actually and in good faith paid into the general fund.

3905 SEC. 8. [When formed.] 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. 3906 SEC. 9. [Terms-Publication.] 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.

3907 SEC. 10. [Same-Filing.] 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.

3908 SEC. 11. [Renewals.] 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.

3909 SEC. 12. [Alteration in terms-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, 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.

3910 SEC. 13. [Firm name.] 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 he shall be deemed and held liable as a general partner.

3911 SEC. 14. [Actions, how brought.] Actions in relation to the business of the partnership may be brought and conducted by and against the general partners in the same manner as if there were no special partners.

3912 SEC. 15. [Decreasing special capital-Interest.] No part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him from the firm, or paid or transferred to him in the shape of dividends, profits, or otherwise, at any time during the continuance of the partnership; but any partner may annually receive such rate of interest on the sum so contributed by him as may be agreed upon in the article of co-partnership, not exceeding twelve per centum per annum, if the payment of such interest shall not reduce the original amount of such capital, and after the payment of such interest, any profits shall remain to be divided, he may also receive his proportion of such profits.

3913 SEC. 16. [Same-Liability.] 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 the capital with interest.

3914 SEC. 17. [Business by special partner.] A special partner may, from time to time, examine into the condition and progress of the partnership concerns, and may advise as to their management, but he shall not transact any business on account of the partnership, nor be employed for that purpose as agent, attorney, or otherwise. If he shall interfere contrary to these provisions, he shall be deemed in law a general partner, and accountable as such.

3915 SEC. 18. [Partners' accountability.] The general partners shall be liable to account to each other and to the special partners for their management of the concern, as other partners are now liable by law.

3916 SEC. 19. [Same-Fraud.] 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 misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried.

3917 SEC. 20. [Fraudulent conveyance-Insolvency.] Every sale, assignment, or transfer of any of the property or effects of such partnership when insolvent, or in contemplation of insolvency, or after or in contemplation of the insolvency of any partner, with the intent of giving a preference to any creditor of such partnership or insolvent partner, over other creditors of such partnership, and every judgment confessed, lien created, or security given by such partnership, under the like circumstances and with the like intent, shall be void as against the creditors of such partnership.

3918 SEC. 21. [Same.] Every such sale, assignment, or transfer of any of the property or effects of a general or special partner, made by such general or special partner, when insolvent or in contemplation of insolvency, or after or in contemplation of the insolvency of the partnership, with the intent of giving to any creditor of his own or of the partnership a preference over creditors of the partnership, and every judgment confessed, lien created, or security given by any such partner under the like circumstances and with the like intent, shall be void as against the creditors of the partnership.

3919 SEC. 22. [Same-Liability-Special partner.] Every special partner who shall violate any provision of the last two preceding sections, or who shall concur in or assist to any such violation by the partnership, or by any individual partner, shall be liable as a general partner.

3920 SEC. 23. [Insolvent-Special partner creditor.] In case of the insolvency or bankruptcy of the partnership, no special partner shall under any circumstances, be allowed to claim as a creditor, until the claims of all the creditors of the partnership shall be satisfied.

3921 SEC. 24. [Dissolution.] No dissolution of such partnership, by the acts of the parties, shall take place previous to the time specified in the certificate of its formation or in the certificate of its renewal, until a notice of such dissolution shall have been filed and recorded in the office of the clerk of the county in which the original certificate was recorded, and published once in each week for four weeks in a newspaper printed in each of the counties, or if none are printed in the county, then in the judicial district where the partnership may have places of business.

3922 SEC. 25. [Fees-County clerk.] The clerk of the county shall be entitled to receive the same fees for recording the articles of co-partnership, and the papers connected therewith, that he is now entitled to receive for recording deeds. SEC. 26. [Took effect March 1, 1873.]

3923 SEC. 27. [Unincorporated companies-Certificate.] 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. [1875, § 1, 178.]

3924 SEC. 28. [Same-Record-Evidence.] 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. [Id., § 2.]

3925 SEC. 29. [Violation of act-Penalty.] 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. [Id., § 3.] SEC. 30. [Took effect Sept. 1, 1875.]

SECS. 27-30. "An act providing for the recording of the names of all members of associations doing business under a firm, partnership or corporate names." Passed and took effect September 1, 1875. Cited 24 Neb., 284. Does not prohibit formation of partnerships except in compliance with act. 38 Id., 680.

CHAPTER 66.-PATENT RIGHTS.

[This chapter declared unconstitutional. 14 Neb., 134.]