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within the said time allowed by the court for the payment of the money in this section mentioned, and the occupying claimant shall refuse or neglect to pay said money (the value of the land without improvements) to the successful claimant, his heirs or their guardians, within the time limited as aforesaid, then a writ of possession shall be.issued in favor of said successful claimant, his heirs or their guardians.

SEC. 10. [Rights of occupying claimant.]-That the occupying claimant, or his heirs, shall in no case be evicted from the possession of such land unless, as is provided in the two preceding sections, where an application is made for the value of improvements under this law; and in all cases where the occupying claimant or claimants, or his or their heirs, shall have paid into court the value of the lands in question, without improvements, within the time allowed by the court (where an election has been made by the successful claimant or claimants, his or her heirs, or guardians as aforesaid to surrender any tract of land under the provisions of this act), such occupant or his heirs may at any time after such payment shall have been made, file his, her, or their petition in the court where such judgment of eviction was obtained, and obtain a decree for the title of such land, if the same had not been previously conveyed to such occupant as aforesaid.

SEC. 11. [Repealed Laws 1867, 12 Sess. Ter. 14.]
SEC. 12. [Took effect May 1, 1873.]

CHAPTER 64.-OILS.

SECTION 1. [Testing oils.-That it shall be unlawful for any person or persons to offer for sale, for illuminating purpose, as agent, or otherwise, any mineral or petroleum oil, or any oil fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found as a constituent element, until after he, or they have tested the same in the manner following, towit: By taking not less than half a pint of the oil, fluid, or substance to be tested, and placing the same in a small vessel, in which there is no other substance, of such dimensions that the surface of the oil, fluid, or substance shall not exceed four square inches in area, and placing a Fahrenheit's thermometer in said oil, fluid or substance in said vessel, in such manner that the thermometer will indicate the temperature of the oil, fluid, or substance being tested, which shall then be gradually heated at a rate of not less than two degrees per minute, Fahrenheit, to a temperature at which said oil, fluid, or substance will emit a gas, or vapor that will ignite by bringing the flame of a lighted match, or other burning taper, in contact with the surface of the article being tested, with such frequency and in such a manner as to ascertain the exact temperature by said thermometer at which said Huid, oil, or substance will emit a gas that will ignite, and if it will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, then it is hereby declared to be dangerous, and it shall be unlawful to sell or offer the same for sale. [1875 § 1, 27.]

SEC. 2. [Penalty for selling.]-That any person or persons who shall offer for sale for illuminating purposes, any oil, fluid, or substance mentioned in the first section of this act, until after he, or they, have tested, or caused the same to be tested, as prescribed by this act, or who shall offer for sale for illuminating purposes, any of said articles that will emit a gas, or vapor, that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, under the test prescribed in this act, he or they shall be guilty of a misdemeanor, and on conviction. thereof, shall be fined in any sum not less than one hundred dollars, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of the prosecution.

SEC. 3. [Same.]-That if any person or persons, manufacturer, refiner, or wholesale dealer of any oil, fluid, or substance mentioned in the first section of this

NOTE.-"An act to regulate the sale of illuminating oils." Laws 1875, 27. Took effect May 1, 1875.

act, as agent, or otherwise, shall sell for illuminating purposes, any oil, fluid, or substance mentioned in said section, that will emit a gas or vapor that will ignite at any temperature under one hundred and ten degrees Fahrenheit, under the test in this act prescribed, he, or they, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dol lars, or imprisonment in the jail of the county not exceeding twenty days, or both, at the discretion of the court trying the case, and shall pay the costs of prosecution. SEC. 4. [Same.]—That if any person or persons, shall sell for illuminating purposes, and in a quantity of less than one barrel at a single sale, any oil, fluid, or substance, that will emit a gas or vapor, that will ignite at any temperature below one hundred and ten degrees Fahrenheit under the test prescribed by this act, he, or they, shall be guilty of a misdemeanor, and on conviction therof, shall be fined in any sum not less than twenty-five, nor more than two hundred dollars, or imprisonment in the jail of the county not exceeding ten days, or both, at the discretion of the court, and shall pay the costs of prosecution.

SEC. 5. [Damages.]—That if any person shall sustain damage to his property, or injury to his person, by reason of a violation of any of the provisions of this act by another person, the person guilty of violation shall be liable to the person injured for all damages sustained thereby, and in case any person violating the provisions of this act, shall, by such violation, cause the death of another, he shall be guilty of manslaughter, and on conviction thereof, shall be punished according to the provisions of the section of the criminal statute defining that crime.

SEC. 6. [Contracts, when void.]--That any and all contracts made in violation of the provisions of this act are hereby declared to be void, and the vendor may return the oil, fluid, or substance purchased, at the expense of the vendor, and recover from the vendor all that he has paid therefor, including all charges for transportation, and all other damages resulting from said sale. SEC. 7. [Took effect May 1, 1875.]

CHAPTER 65.-PARTNERSHIPS.

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.]

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 rot be liable for the debts of the co-partnerships beyond the fund so contributed by him or them to the capital stock.

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.

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

NOTE. "An act to authorize limited partnerships in the state of Nebraska." Chap. 52. G. S. 504. Took effect March 1, 1873.

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

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.

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 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.

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

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.

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.

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.

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.

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.

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 neid liable as a general partner.

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.

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 articles 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 Mar. 1, 1873.] .

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.]

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.j

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.]

CHAPTER 66.-PATENT RIGHTS.

SECTION 1. [Proof by sellers.]—That it shall be unlawful for any person to sell or barter, or offer to sell or barter, in any county within this state, any patent right, or any right claimed by such person to be a patent right, without first making the affidavit and proof hereinafter provided for. [G. S. 508.]

SEC. 2. Same-Examination-Certificate.]-Any person or persons desiring to or intending to sell or barter any patent right, or any right which such person shall claim to be a patent right, shall, before offering to sell or barter the same, in any county within this state, submit to the probate judge of such county, for his examination, the letters patent, or a duly authenticated copy thereof, and his authority to sell or barter the right so patented, and shall, at the same time swear or affirm to an affidavit before such judge, stating the name, age, place of residence, and former occupation of the applicant, and if an agent, the name, occupation and residence of his or her principal; which affidavit shall be in writing, and shall be filed and preserved in the office of said judge; and if such judge be satisfied that the right so entitled to be sold or bartered has been duly patented, and that the letters patent have not expired, or been revoked or annulled, and that the applicant is duly empowered to sell the same within such county, or any precinct or part thereof, then such probate judge shall record every such affidavit, the date of such letters patent, to whom the same were issued, and the designation or name of such patent right given therein,

SECS. 27-30. "An act providing for the recording of the names of all members of associations doing business under & firm, partnership or corporate names. Laws 1875, 178. Took effect Sept. 1, 1875.

*NOTE.-"An act to regulate the sale of patent rights in the state of Nebraska and prevent frauds connected therewith." Chap. 53, G. S. 508. Took effect July 1 1873.

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