Proviso. 1828, VI, 360, 21. To be protested if not paid. 3 and 4 Ann, c. 9. 24 1 Hill, 44. such passing away: Provided, The receiver of such note or bill received the same bona fide, without a knowledge of such death, and that the act of the agent would have been binding on the principal if it had been done before such death: And provided, also, The act to be done either under the power of attorney or authority, or in relation to the bill or note, be done within nine months after the death of the principal, or of the drawer or endorser of such note or bill. SEC. 10. That in case, upon presenting of any inland bill or bill of exchange, the party or parties on whom the same shall be drawn 1712. 11,545, shall refuse to accept the same, the party to whom the said bill or bills are made payable, his servant, agent, or assigns, may and shall cause the said bill or bills to be protested for non-acceptance, as in case of foreign bills of exchange; for which protest there shall be paid two dollars and twenty-five cents, and no more. Endorser not to protest is made. Ib., 546, 25. 1 Bay, 241; 1 Spears, 349. SEC. 11. No acceptance of any such inland bill of exchange be held unless shall be sufficient to charge any person whatsoever, unless the same be underwritten or endorsed in writing thereupon; and, if such bill be not accepted by such underwriting or endorsement in writing, no drawer of any such inland bill shall be liable to pay any costs, damages, or interest thereupon, unless such protest be made for non-acceptance thereof, and, within fourteen days after such protest, the same be sent, or otherwise notice thereof be given, to the party from whom such bill was received, or left in writing at the place of his or her usual abode; and if such bill be accepted, and not paid before the expiration of three days after the said bill shall become due and payable, then no drawer of such bill shall be compellable to pay any costs, damages, or interest thereupon, unless a protest be made and sent, or notice thereof be given, in manner and form above mentioned. Nevertheless, every drawer of such bill shall be liable to make payment of costs, damages and interest upon such inland bill, if any one protest be made of nonacceptance or non-payment thereof, and notice thereof be sent, given or left, as aforesaid. No protest necessary unless $100. SEC. 12. No such protest shall be necessary, either for nonbill be for over acceptance or non-payment of any inland bill of exchange, unless the value be acknowledged and expressed in such bill to be received, and unless such bill be drawn for the payment of one hundred dollars, or upwards. Ib., 26. Bill of exchange accounted ment. pay SEC. 13. If any person accept any such bill of exchange for and taken for, to be in satisfaction of any former debt or sum of money formerly due unto him, the same shall be accounted and esteemed a full and complete payment of such debt, if such person, accepting of any such bill for his debt, doth not take his due course to obtain pay In.. 7. Bail., 574. 2 ment thereof by endeavoring to get the same accepted and paid, and make his protest, as aforesaid, either for non-acceptance or nonpayment thereof. charge remedy SEC. 14. Nothing herein contained shall extend to discharge any Not to die. remedy that any person may have against the drawer, acceptor or against drawer. endorser of such bill. IL., & S. Protest good ry be dead or absent. 2 1822, VI, 182, 1 Hill, 177; 2 Spears, 643. SEC. 15. That whenever a Notary Public, who may have made protest for non-payment of any inland bill or promissory note, shall evidence if Notabe dead, or shall reside out of the district in which said bill or note is sued, his protest of said bill or note shall be received as sufficient evidence of notice in any action by any person whatsoever, against any of the parties to such bill or note. SEC. 16. That all bills of exchange, whether foreign or domestic, Days of grace. payable at sight, shall be entitled to the same days of grace as are allowed by law on bills of exchange payable on time. 1848, XI, 512, 1. 2 McC., 436. Protested bill to draw interest. 1786, IV. 741, 463, 22. SEC. 17. That where any bill of exchange is or shall be drawn for the payment of any sum of money, for value received, and such bill shall be protested for non-acceptance or non-payment, the same $1866, XIII, shall carry interest from the time such bill shall become due and payable, after the rate of seven per cent. per annum, until the money therein drawn for, together with damages and costs, be fully satisfied and paid. endorsers prately. may 1786, 1V, 741, 1 Bay., 461. SEC. 18. That it shall and may be lawful for any person or per- Drawers and sons having a right to demand any sum of money upon a protested be sued jo'ntly bill of exchange, to commence and prosecute an action for princi- or pal, damages and interest, against the drawers or endorsers jointly, $2. or against either of them separately, and judgment shall be given for such principal, damages and interest as aforesaid; and all creditors on protested bills of exchange, where the drawers or endorsers shall be dead, shall be upon an equality with bond creditors; any law, usage or custom, to the contrary notwithstanding. pro Damages allowed upon cerprotested tam bills. Ib., 3. 2 Bay, 377; 1 SEC. 19. That all bills of exchange drawn upon persons resident within the United States, and out of this State, and returned tested, the damages of such protested bills shall be ten per cent. on the sum drawn for; and all bills in like manner drawn upon persons resident in any other part of North America, or within any of the Bay, 461. West India Islands, and protested, the damages shall be twelve and a half per cent.; and all bills drawn on persons resident in any other part of the world, being protested, the damages shall be fif teen per cent. on the sum mentioned in such bills respectively, and all charges incidental thereto, with lawful interest as aforesaid, until the same be paid. Verdict for difference In change. Ib., 4. ex SEC. 20. That in any action which shall be commenced for the recovery of any bill of exchange, or any debt due and made payable in any other country, wherein the plaintiff shall recover, the jury shall have power to find a verdict with such difference of exchange as shall be just and agreeable to the true difference of exchange; any law, usage or custom, to the contrary notwithstanding. SEC. 21. That all bills, or promissory notes, payable to order or bearer, which shall be issued by any individual or company, or body corporate, within this State, for any sum or sums under one dollar, shall be void; and any person or persons who shall pass, or attempt to pass, or receive any such bill in payment, shall be liable to be in1816, VI, 34, 21. dicted therefor, and, on conviction thereof, shall be fined not exceeding ten dollars. Notes for less than one dollar void. Penalty such issue. for CHAPTER LVI. OF AGENCY. SEC. Act of attorney good if principal be dead. § 1. SEC. 1. Act of agent good if principal be 2. Notes passed by, &c., binding on estate; proviso. SECTION 1. That if any agent, constituted by power of attorney or other authority, shall do any act for his principal, which would 1828, VI, 359, be lawful if such principal were living, the same shall be valid Notes passed on estate. Proviso. and binding on the estate of said principal, although he or she may have died before such act was done: Provided, The party treating with such agent dealt bona fide, not knowing, at the time of the doing of such act, that such principal was dead. SEC. 2. If any note or bill, whether filled up before or after by, &c., binding having been signed or endorsed, shall be passed away after the death of such drawer or endorser, by an agent duly constituted in his or her lifetime, the same shall be valid and binding on his or her estate, in like manner as though he or she had not died before such passing away: Provided, The receiver of such note or bill received the same bona fide, without a knowledge of such death, and that the act of the agent would have been binding on the principal if it had been done before such death. The act to be done, either under the power of attorney or authority, or in relation to the bill See Chap. LV, or note, must be done within nine months after the death of the § 9. principal or of the drawer or endorser of such note or bill. Limitation. lb. SEC. CHAPTER LVII. OF LIMITED PARTNERSHIPS. 1. May be formed by whom, and for what purposes. 2. General and special partners, and their liabilities. 3. Powers of general partners. 4. Partners to sign certificate; its contents. 5. Certificate to be proved. 6. To be filed and recorded in County Clerk's office. 7. Affidavit of sums contributed by each to be filed. 8. When partnership deemed formed. 9. Publication of terms, when and how made. 10. Partnership to be general if not 11. Renewals of partnerships. 13. Firm name, &c. and 11. Suits to be conducted by general SECTION 1. That limited partnerships, for the transaction of any mercantile, mechanical or manufacturing business, or for the transportation of passengers, products of the soil, or merchandise, 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 these provisions shall not be construed to authorize any such partnership for the purpose of banking or making insurance. General and special partners ties. Ib., 579, 2. SEC. 2. Such partnerships may consist of one or more persons, who shall be called general partners, (who shall be jointly and sev- and their liubi erally responsible, as general partners now are by law,) and of one or more persons who shall contribute, in actual cash payments, a specific sum as capital to the common stock, who shall be called special partner or partners, and who shall not be liable for the debts of the partnership beyond the funds so contributed by him or them to the capital. SEC. 3. The general partners only shall be authorized to transact business and sign for the partnership, and to bind the same. SEC. 4. The persons desirous of forming such partnership shall make, and severally sign, in the presence of two subscribing witnesses, a certificate, which shall contain First. The name or firm under which such partnership is to be conducted; Second. The general nature of the business intended to be transacted; Third. The names of all the general and special partners in Powers of general partners. Ib., ¿ 3. Partners sign certificate. lb., & 4. Contents. to Same proved. to be To be filed and Ib., 6. terested therein, distinguishing which are general and which are special partners, and their respective places of residence; Fourth. The amount of capital which each special partner shall have contributed to the common stock; Fifth. The period at which the partnership is to commence, and the period at which it will terminate. SEC. 5. The certificate shall be proved in the same manner that deeds of conveyances for lands are required by law to be proved. SEC. 6. The certificate so proved, with the probate, shall be filed recorded in the in the office of the Clerk of the Court of that County in which the County Crerk's office. principal place of business of the partnership shall be situated, and shall also be recorded by him, at large, in a book so kept for that purpose, open to public inspection. If the partnership shall have places of business situated in different Counties, a transcript of the certificate and of the probate thereof, duly certified by the Clerk in whose office it shall be filed, under his official seal, shall be filed and recorded in like manner, in the office of the Clerk of the Court in every such County. Affidavit of sumis contribu- When partner formed. Ib., 28. SEC. 7. At the time of the filing the original certificate, with the evidence of the execution 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 to have been contributed by each of the special partners, to the common stock, have been actually, and in good faith, paid in cash. SEC. 8. No such partnership shall be deemed to have been formed, ship is deemed until a certificate shall have been made, proved, filed and recorded, nor until an affidavit shall have been filed, as above directed; and if any false statement be made in such certificate or affidavit, all the of false certifi- persons interested in such partnership shall be liable for all the engagements thereof, as general partners. Consequence cate, &c. Publication of terms to made, &c. XII, 833, 1. SEC. 9. The partners shall publish the terms of the partnership, be when registered, for at least once a week for six weeks, immediately Ib., 9; 1-59, after such registry, in any one of the newspapers in the County in which the business of such partnership is carried on, and if no newspaper be published in said County, then the notice thereof shall be published as aforesaid in any one of the newspapers of any adjoining County in which newspapers or a newspaper may be published, and be posted up on the door of the Court House of the Partnership County in which the said firm may be located. If such publication be not made, nor such notice given, for the time prescribed, the partnership shall be deemed general. general if not made. Proof of publi cation. 1837, VI, 579, 2 10. SEC. 10. Affidavits of the publication of such notice, by the printers of the newspapers in which the same shall be published, may be filed with the Clerk, in whose office the original certificate shall |