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SECTION 1. All notaries public shall be appointed and commis- CHAP. 44. sioned in the manner, and for the term prescribed in the constitution, Of the tenure of and shall be duly sworn and qualified, before entering upon the office, and oath. discharge of their duties.

SECT. 2. All notaries public, now in office, shall continue to Same subject. hold their offices according to their respective commissions.

SECT. 3. Every notary public shall constantly keep a seal of Seal. office, whereon shall be engraven his name, and the words "notary 1821, 101, § 1. public" and "Maine," with the arms of the state, or such other

device as he may choose.

al duty, as to

1821, 101, § 2.

SECT. 4. It shall be his duty, when requested, to enter on Notary's generrecord all losses or damages, sustained, or apprehended, by sea or protests. land, and also all averages, and such other matters, as, by mercantile usage, appertain to his office; and cause protest thereof to be made, duly and formally. SECT. 5.

He may

All facts, extracts from documents, and circumstances, Same subject. 1821, 101, § 2, 3, so noted, shall be signed and sworn to, by all the persons appearing to 4. protest; and he shall note, extend and record the protest so made; 15 Maine, 452. 16 Maine, 41. and shall grant authenticated copies thereof, under his signature and notarial seal, to those, who request and pay for the same. also, in behalf of any person interested, present any bill of exchange, or other negotiable paper, for acceptance or payment, to any party, on whom the same is drawn, or who may be liable therefor; and notify all endorsers, or other parties, to such bill or paper; may record and certify all contracts, usually recorded or certified by such notaries, take depositions in the same manner that any justice of the peace and quorum may legally do; grant warrants of survey on vessels, certify country products, and, in general, do all acts to be done by notaries public by the usages of merchants, and authorized by the laws of the state.

1821, 101, § 3, 5.

SECT. 6. Every notary public shall record at length in a book of the notary's of records, all acts, protests, depositions, and other things, by him records. noted or done in his official capacity; and all copies or certificates, by him granted, shall be under his hand and notarial seal, and shall be received as evidence of such transaction.

the clerk of the

SECT. 7. On the resignation, or removal from office, of any When he vanotary public, his records shall be deposited with the clerk of the cates his office, judicial courts in the county, for which he was appointed; and by deposited with a neglect for three months to comply with the above requisition, judicial courts. such notary shall forfeit not less than fifty, nor more than five hun- 1821, 101, § 6. dred dollars.

death, executor

SECT. 8. If any executor or administrator of such notary shall In case of his neglect, for three months after his acceptance of said trust, to to deposit them. deposit all such records and papers, as shall come to his hands, he 1821, 101, § 6. shall forfeit not less than fifty dollars, nor more than five hundred.

stroying, defac

SECT. 9. If any person shall knowingly destroy, or deface, or Penalty for deconceal any such records, he shall forfeit and pay not less than two ing, or concealhundred, nor more than one thousand dollars, and shall be liable for ing such redamages to any person injured, in an action on the case.

cords.
1821, 101, § 6.

relating thereto.

SECT. 10. It shall be the duty of all clerks to receive and safely Duties of clerks, keep all such records and papers, lodged in their respective offices, 1821, 101, § 7. and to give attested copies of the same; for which they shall be 16 Maine, 181.

CHAP. 44. allowed the same fees, as are allowed to a notary; and such copies shall be as valid, as if they were certified by said notaries. SECT. 11. All forfeitures before named shall be, one half to the other to him, who shall sue for the same.

Forfeitures appropriated.

1821, 101, 67.

14 Maine, 99.

How far certifi

cate of protest, evidence.

1821, 101, 83.

16 Maine, 41, 246, 259.

Of days of grace

on bills, notes,

&c.
1824, 272.

1839, 386, § 1.

13 Maine, 412.

14 Maine, 99,

281.

21 Pick. 483. 1 Metc. 43.

Proviso relating

to the fourth of

July.

1824, 272, § 1.

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1839, 386, 1.

state, and the

SECT. 12. or promissory

The protest of any foreign or inland bill of exchange, note or order, duly certified by any notary public, under his hand and official seal, shall be legal evidence of the facts stated in such protest, as to the same, and also as to the notice given to the drawer or endorser, in any court of law.

SECT. 13. Whenever any promissory note, inland bill of exchange, draft or order for the payment of money, payable at a future day, or at sight, and not on demand, shall become payable in this state, the maker of any such note, and the acceptor of any such bill of exchange, respectively, shall be entitled to a grace of three days, unless the third day happen to be the Lord's day, or a day of public fast or thanksgiving, appointed by the governor and council, or the fourth day of July; in which excepted cases, a grace of two days only shall be allowed.

SECT. 14. If the fourth day of July should happen to be Monday, and the third day of grace on any such note, bill or draft should happen on the same day; or if the fourth day of July should happen on Saturday, and the following Sunday should be the third day of grace, an additional day of grace shall be allowed on such note, bill or draft; and for such protest, notifying parties, making the certificate in form aforesaid and record of his proceedNotary's fees. ings, he shall be entitled to a fee of one dollar and fifty cents, and

no more.

To what kinds

CHAPTER 45.

OF LIMITED PARTNERSHIPS.

SECT. 1. To what kinds of business, appli- SECT. 13. Special partners liable to refund

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SECTION 1. Limited partnerships, for the transaction of mercanof business, ap- tile, mechanical or manufacturing business, may be formed by two plicable. 1836, 211, § 1. or more persons, upon the following conditions and liabilities, pro

vided, that nothing in this chapter shall authorize such partnerships, CHAP. 45. for the purpose of banking or insurance.

sons to be composed.

1836, 211, § 2.

SECT. 2. Such partnerships may consist of one or more persons, Of what perwho 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 a specific sum in actual cash payment, as capital, to the common stock, who shall be called special partners, and who shall not be liable for the debts of the partnership, beyond the sum so contributed by him or them to such capital.

SECT. 3. Persons forming such a partnership shall sign a certificate, which shall contain the following particulars:

First. The name or firm, under which such partnership shall be conducted.

Secondly. The name and place of residence of each one of the general partners.

Thirdly. The name and place of residence of each one of the special partners.

Fourthly. The amount of capital, which each one of the special partners has contributed to the common stock.

Fifthly. The general nature of the business to be transacted.
Sixthly. The time when the partnership shall commence.
Seventhly. The time when it shall terminate.

Particulars to

be stated in a certificate, to

be signed by

them.

1836, 211, § 3.

1836, 211, § 4.

SECT. 4. Such partnership shall not be considered as formed, Certificate to until such certificate shall have been acknowledged by all the par- ed and recordbe acknowledgties, before a justice of the peace, and recorded in the registry of ed. deeds of the county or district in which the principal place of the partnership business is situated, in a book to be kept for that purpose, open to public inspection.

SECT. 5. If there be several established places of partnership Same subject. business, a copy of said certificate, certified by the register of deeds, 1836, 211, § 4. in whose office it is so recorded, shall be filed and recorded in like manner, in the office of the register of deeds, in every such county or district.

SECT. 6. If any statement shall be made in such certificate, which may mislead third persons, or be intentionally false, all the persons interested in such partnership shall be liable for all the engagements thereof, as general partners, to any person so deceived or injured.

Parties liable in

case of any mis

statement.

1836, 211, § 4.

such certificate.

SECT. 7. After such registry, the partners shall cause a copy of Publication of the certificate above mentioned to be published in a newspaper, 1836, 211, § 5. printed in the county, in which the principal place of business is situated; and if there is no such paper printed in that county, then one printed in an adjoining county, or in the newspaper published by the printer to the state, for six weeks successively, the first publication to be made within twenty days thereafter.

SECT. 8. If such certificate shall not be so published, the part- Same subject. nership shall be deemed a general one.

1836, 211, § 5.

ships.

SECT. 9. Upon every renewal or continuance of such partner- Of the renewal ship, beyond the time originally fixed for its duration, a certificate of such partnershall be made, signed, acknowledged, recorded and published in 1836, 211, § 6. the manner, provided at the original formation of such partnership;

CHAP. 45. and any partnership, renewed or continued in any other manner, shall be deemed a general partnership.

Special partners not to be named, nor to act.

1836, 211, § 7.

Same subject.

SECT. 10. The business of the partnership shall be conducted under a firm, in which no names shall be used, but those of the general partners, without the word "company" or any other general term; and the general partners, only, shall transact business.

SECT. 11. If the name of any special partner shall be used in 1836, 211, § 7. the firm, with his consent and privity, or if he shall make any contract respecting the concerns of the partnership with any person, except the general partners, he shall be deemed and treated as a general partner, as to such contract.

None of the capital to be withdrawn.

SECT. 12. During the continuance of any partnership, formed under the authority of this chapter, no part of the capital stock 1836, 211, § 8. shall be withdrawn therefrom, nor any division of interest or profits be made, so as to reduce such capital stock below the sum, stated

Special partners liable to refund moneys

in the certificate above mentioned.

SECT. 13. If, during the continuance, or at the termination, of the partnership, the property shall not be sufficient to pay the partwithdrawn, or nership debts, then the special partners shall be severally answerable for all sums by them in any way received, withdrawn or divided, with interest thereon from the time they were so respectively withdrawn.

divided.

1836, 211, § 8.

Of general assignments by such partnerships.

1836, 211, § 8.

Assent of cred

itors thereto to

be presumed.

1836, 211, § 8.

SECT. 14. No general assignment by such partnership, in view of insolvency, or where their property is insufficient to pay their debts, shall be valid, unless it shall provide for a distribution of the partnership property among all the creditors, in proportion to the amount of their several claims, excepting the claims of the government of the United States, arising from bonds given for duties, which are first to be paid.

SECT. 15. The assent of the creditors to such an assignment shall be presumed, unless they, either expressly, or by some act inconsistent with such assent, shall dissent therefrom within sixty days from the time of notice; and no such assignment shall be valid, Mode of notice, unless notice thereof shall be given in some newspaper, printed in the county where the place of business of the assignors is situated, and if there is none printed in such county, then in some one in an adjoining county, or in the newspaper published by the printer to the state, within fourteen days after the making such assignment.

In whose names suits may be brought.

SECT. 16. All suits, respecting the business of such partnership, shall be commenced and prosecuted by and against the general 1836, 211, § 9. partners only, except in those cases, in which provision is herein before made, that special partners shall be deemed general partners, and special partnerships, general partnerships; in which cases, all the partners, deemed general partners, may join or be joined in such suits; and except, also, cases, where special partners shall be severally held responsible, under the provisions of the thirteenth

Of voluntary dissolution

section.

SECT. 17. No voluntary dissolution of such partnership shall within the time take place, before the time specified in the certificate before named, specified. No- unless a notice of such dissolution be recorded in the registry, in 1836, 211, 10. which the original certificate, or certificate of renewal or continuance, was recorded, and in any other registry, where a copy of said cer

tice thereof.

tificate was recorded; and published in such paper, as is directed CHAP. 45. in the seventh section of this chapter.

es, not specifi

SECT. 18. In all cases, not otherwise provided for in this chap- Rights and obliter, the members of limited partnerships shall be subject to the gations in cassame legal liabilities, and entitled to all the legal immunities, which ed, the same as in general are incident to general partnerships; and the supreme judicial court partnerships. may hear and determine, in equity, all questions between co-part- 1836, 211, 11. ners, in any partnership, formed by virtue of this chapter, and between said co-partners [and] any creditors of the firm.

CHAPTER 46.

OF SALES OF PROPERTY BY LICENSED AUCTIONEERS.

SECT. 1. Licenses by selectmen, &c. for one | SECT. 7. Several persons may be licensed,

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SECTION 1. The selectmen of any town, and the assessors of any plantation, may license any suitable inhabitant of such town or plantation, by a writing under their hands, to be an auctioneer within the same for one year.

SECT. 2. Such selectmen or assessors shall record every license, they shall so grant, in a book kept by them for that purpose.

Licenses by se

lectmen, &c. for one year.

1821, 134, § 1.

4 Greenl. 333.

To be recorded. 1821, 134, § 1.

county commis

SECT. 3. If such selectmen or assessors shall unreasonably Appeal to the refuse or neglect, after application made in writing to them, by any sioners. person desirous of obtaining such license, such applicant, after hav- 1821, 134, § 2. ing given ten days notice to such selectmen or assessors, may apply to the county commissioners, who are hereby authorized, after a hearing of the parties, to grant such license, if they judge it reasonable; provided such applicant shall give bond to the selectmen or assessors to pay all costs, arising in consequence of such application to the commissioners.

tions upon auc

1821, 134, § 3.

SECT. 4. If any person duly licensed, as aforesaid, shall receive Certain prohibiany goods for sale at public auction, of any servant or minor, tioneers. knowing him to be a servant or minor, or shall sell any of his own goods before sunrise, or after sunset, at public auction, he shall forfeit and pay a sum not less than fifty dollars, nor more than one hundred and seventy dollars, for each offence.

sales.

SECT. 5. Every person, licensed as aforesaid, shall keep a fair Accounts of and particular account of all goods and chattels by him sold, stating 1821, 134, § 3. of whom they were received, and to whom the same were sold. SECT. 6. Nothing in any of the preceding sections shall extend Exceptions, as to sales made by sheriffs, deputy sheriffs, coroners, constables or iffs and other

to sales by sher

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