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the jury, if there be one empanneled, and if not, the court, shall ascertain the value in the said money of account of the sum so expressed, making such allowance for the difference of exchange as shall be just; and the judgment may either be for what may be so ascertained, or for the sum of money expressed as aforesaid, to be discharged by the sum so ascertained.
Sec. 4. When there is no express contract in writing fixing a different rate of interest, interest shall be allowed at the rate of six per cent. per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, on any judgment recovered before any court or justice of the peace of this District, for money lent, for money due on the settlement of accounts from the day on which the balance is ascertained, for money received to the use of another, and retained without the owner's consent, and for money due and with held by unreasonable delay of payment.
Sec. 5. Parties may agree, in writing, for the payment of any rate of interest on money due, or to become due on any contract; and any judgment or decree rendered on such contract shall conform thereto, and shall bear the interest so agreed upon by the parties, and which shall be specified in the judgment or decree.
OF LIMITED PARTNERSHIPS.
SECTION 1. ) Limited partnership; for what and how 10. When capital not to be withdrawn, por 2. formed ; names of partners, nature dividends made. 3. of business, &c., to be specified in a 11. In certain cases a special partner not to 4. certificate, which shall be acknow
be paid. 5. Jedged, recorded, and published. 12. What preferences not to be valid. 6. What shall be considered as dissolution. 13. Liability of special partners, if such 7. What shall be done on a renewal.
preference be made or assented to. 8. How business of partnership is to be
14. Dissolution ; how effected. conducted.
15. Suits by and against such partnerships. 9. Partners to account to each other.
16. Liability of partners in cases not pro
vided for. Section 1. Limited partnerships for the transaction of inercantile, mechanical, or manufacturing business within this District, may
formed by two or more persons, upon the terms and subject to the conditions and liabilities prescribed by this chapter ; but nothing in this chapter contained shall authorize such partnerships for the purpose of banking or insurance.
Sec. 2. Any such partnership may consist of one or more persons as general partners, who shall be responsible as general partners, and of one or more persons as special partners, who, contributing to the common stock a specific sum, in actual cash payment, as capital, shall not be personally liable for any debts of the partnership, except as hereinafter mentioned.
Sec. 3. The persons forming any such partnership shall make and severally sign a certificate, which shall state the name and place of residence of each partner, the name or firm under which the partnership is to be conducted, who are general and who are special partners, the sum which each special partner contributes, the general nature of the business to be transacted, the place or places of the said business, and the duration of the partnership.
Sec. 4. No such partnership shall be deemed to be formed, until a certificate, made as aforesaid, shall be acknowledged by all the partners, before some officer authorized to take acknowledgment of deeds, and recorded in the office of the recorder of Washington county, in a book to be kept for that purpose, open to public inspection. If any false statement shall be made in any such certificate, the special shall be liable as general partners.
Sec. 5. The partners shall, for four successive weeks, immediately after such registry, publish a copy of such certificate in some newspaper published in Washington City; if no such publication be made, the partnership shall be deemed general.
Sec. 6. The partnership shall be deemed to be dissolved, when there is an alteration in the name of the partners, in the nature of the business, in the capital thereof by a diminution of it otherwise than by losses, or in the ordinary course of business, or an alteration in
other matter specified in said certificate; and if the partnership be thereafter carried on, it shall be deemed a general partnership, unless there be such renewal as is hereinafter in this chapter mentioned.
Sec. 7. Upon every renewal of a limited partnership, whether because of such alteration, or to continue the partnership beyond the
time originally fixed for its duration, a certificate thereof shall be made, acknowledged, recorded, and published, in like manner as is provided in this chapter for the original formation of limited partnerships ; and every such partnership which shall not be renewed in conformity with the provisions of this section, shall be deemed a general partnership.
Sec. 8. The business of the partnership shall be conducted under & firm, in which the names of the general partners only shall be inserted, and the general partners only shall transact the business. If the name of any special partner shall be used in such firm, with his consent or privity, or if he shall personally make any contract respecting the concerns of the partnership, with any person except the general partners, he shall be liable as a general partner. This section, however, shall not prevent such special partner from examining into the state of the business, and advising as to its management.
Sec. 9. The general partners shall be liable to account to each other, and to the special partners, for their management of the concern, as in general partnerships.
Sec. 10. During the continuance of the partnership under the provisions of this chapter, no part of any sum, which any special partner may have contributed to the stock, shall be withdrawn, nor shall any division of interest or profits be made, so as to reduce the stock below the sum stated in the certificate before mentioned. If, at any time during the continuance, or at the termination of such partnership, the property or assets shall not be sufficient to pay the partnership debts, the special partners shall severally be held responsible for all sums by them in any way received, withdrawn, or divided, with interest thereon from the time when they were so withdrawn respectively.
Sec. 11. In case of the insolvency of such partnership, no special partner shall be paid as a creditor of the firm, until all its other creditors are satisfied.
Sec. 12. No sale, assignment, or transfer of the property or effects of any such partnership, or of any interest therein, nor any lien or incumbrance thereon, by judgment or otherwise, shall be valid, if made or created by such partnership at a time when it has not sufficient property or effects to pay all its debts, for the purpose of giving a preference to one or more of its creditors over any other creditor; or by any partner, whether general or special, at a time
when he has not sufficient property or effects to pay all his debts, or in contemplation that the partnership may not have sufficient property or effects to pay its debts, for the purpose of giving a preference over the creditors of the partnership to one or more creditors, whether of his own or the partnership.
Sec. 13. Every special partner who shall give any such preference as is named in the section next preceding, or who shall concur in or assent to any such preference given by the partnership, or by any individual partner, shall be liable as a general partner.
Szc. 14. 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 office in which said certificate was recorded, and be published for four successive weeks in some newspaper published in Washington City.
Sec. 15. All suits respecting the business of any partnership formed or renewed as hereinbefore prescribed, shall be prosecuted by and against the general partners only, except in those cases wherein it is provided in this chapter that a special partner shall be liable as a general partner, and that special partnerships shall be deemed general partnerships, in which cases all the partners so liable may join or be joined in such suits, and except, also, those cases where special partners shall be held severally responsible on account of any sum by them received or withdrawn from the stock, as before provided. A special partner shall also be liable to, and be suable by, the firm for debts contracted with it, in the same manner as if he were not a partner.
Sec. 16. In all cases not otherwise provided for in this chapter, the members of limited partnerships shall be subject to all the liabilities, and entitled to all the rights, of general partners.
OF FACTORS AND AGENTS.
Section 1. If any person shall transact business as a trader, with the addition of the words “ factor, " "agent,” “and company,” or "and co.,” or any similar words, and fail to disclose the name of his principal, or partner, by a sign, in letters easy to be read, placed conspicuously at the house wherein such business is conducted, or if any person transact such business in his own name, without any such addition, or if any person transact such business without the use of any name, all the property, stock, and choses in action acquired or used in such business, shall, as to the creditors of any such person, be liable for his debts. This section shall not apply to a person transacting such business as an auctioneer or commission merchant.
OF HOTEL AND TAVERN KEEPERS.
1. Duty to provide a safe.
3. When liable for loss.
Section 1. It shall be the duty of every hotel or tavern keeper in Washington City and Georgetown to provide an iron safe or other secure depository for the safe keeping of any money, plate, or jewelry, belonging to their guests.
Sec. 2. Upon being applied to for that purpose by any guest, it shall be the duty of such hotel or tavern keeper to take charge of any such money, plate, or jewelry, and safely keep the same until called for by the proper party.
Sec. 3. If any such money, plate, or jewelry, or any part thereof, be lost or stolen while thus in the charge of such hotel or tavern keeper, he shall be liable for the full value of the same: provided, however, if such loss occurred through fire, proved to have happened without any negligence upon the part of himself or agents, he shall not be so liable.
Sec. 4. It shall be the duty of such hotel or tavern keeper to cause written or printed notices to be posted within the chambers or other conspicuous places about such hotel or tavern, notifying persons of the purport of this chapter, and requesting guests to deposit their money, plate, or jewelry, with the proper person for safe keeping.
Sec. 5. If any guest of any such hotel or tavern shall loose any money, plate, or jewelry, not deposited for safe keeping according to