When special partner liable to refund Privileges of special partners General partners liable to account Creditors preferred to special partners No premature dissolution without notice, etc. Limited partnerships to special 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 lawful interest on the sum so contributed by him, if the payment of such interest does not reduce the original amount of the capital; and if after the payment of such interest any profits remain to be divided, he may also receive his portion of such profits. 61. If it appears that by the payment of interest or profits to a 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 deficient capital, with interest. 62. A special partner may from time to time examine into the state 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; and if he interferes contrary to these provisions he shall be deemed a general partner. 63. The general partners shall be liable to account to each other and to the special partners for their management of the concern in like manner as other partners. 64. In case of the insolvency of the partnership no special partner shall under any circumstances be allowed to claim as creditor until the claims of all the other creditors of the partnership have been satisfied. 65. No dissolution of a limited 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 has been filed in the office in which the original certificate was recorded, and has been published once in each week for three weeks in a newspaper published in the district where the partnership has its principal place of business and for the same time in The North-West Territories Gazette. 66. The provisions of the sections of this Ordinance numbered ss. 2-46 subject from 2 to 46, both inclusive, shall as regards limited partnerships be subject to the special provisions herein contained regarding such partnerships. provisions SUPPLEMENTAL. Saving for rules of equity and common law 67. The rules of equity and of common law applicable to partnership shall continue in force except so far as they are inconsistent with the express provisions of this Ordinance. of Ordinance 68. This Ordinance shall come into operation on the first Commencement day of July one thousand eight hundred and ninety-nine. SCHEDULE. FORM A. CERTIFICATE OF PARTNERSHIP. We, the undersigned, do hereby certify that we have entered into co-partnership under the style or firm of (B.D. & Co.) as (Grocers and Commission Merchants), which firm consists of (A. B) residing usually at and (C. D.) residing usually at as general partners; and (E. F.) residing usually at and (G.H.) residing usually at as special partners, the said (E.F.) having contributed $ The said partnership commenced on the 11 and terminates on the day of day of Short title CHAPTER 95. An Ordinance respecting the Inspection of Stock. THE (Chapter 19 of 1899.) HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Stoc Inspection Ordinance, 1899." Interpretation INTERPRETATION. 2. In this Ordinance unless the context otherwise requires1. The expression "brand" means any letter, sign. character, or numeral recorded as allotted to any owner and the pe-rmanent impression of any letter. sign character, or numeral placed upon stock under the provisions of chapter 76 of The Consolidated Ordinances 1898; 2. The expression "commissioner" means the commissioner of agriculture; 3. The expression "department" means the department of agriculture; 4. The expression "inspector" includes deputy inspector; 5. The expression "stock" includes any horse, mare, gelding colt or filly, ass or mule and any bull, cow, ox, heifer, steer or calf. Inspectors of stock Deputy inspectors of stock Inspectors have powers of constables INSPECTORS AND DEPUTY INSPECTORS. 3. The commissioner may from time to time appoint such persons as he may think fit to be inspectors of stock. 4. An inspector of stock may by writing under his hand appoint one or more persons to be deputy inspectors of stock, and the production of a writing purporting to be the appointment of a deputy inspector shall be prima facie evidence of such appointment. 5. Inspectors and deputy inspectors shall for the purposes of this Ordinance have the powers of constables. Stock to be INSPECTION BEFORE SHIPMENT. 6. No person shall place any stock in a railway car unless such stock has first been inspected by an inspector of stock inspected and such inspector has issued a certificate in or to the effect of form A in the schedule hereto. before shipped right to stock to be 7. No such certificate shall be issued by any inspector unless Evidence of the shipper of such stock produces to him a memorandum of possession of sale from the person who, from the brand or brands on such produced stock, appears to be the owner thereof or unless such person or his agent verbally consents to the granting of the certificate by the inspector. (2) The provisions of this section shall not apply to any shipper of cattle branded with the recorded brand of such shipper but such shipper shall before receiving the said certificate deliver to the inspector a memorandum signed by him or his agent setting forth the age, sex and brands of each animal. (3) In the case of unbranded cattle the shipper shall deliver to the inspector a memorandum setting forth the age, sex and description of each animal and stating from whom each animal was originally acquired by him or his agent. of certificate issued 8. In case any inspector has reason to believe that any Concellation certificate of inspection issued by him was improperly issued of inspection or that the person to whom it was issued was not for any reason improperly entitled to the same the inspector may demand the return to him of such certificate for cancellation and the person then holding the same shall thereupon return such certificate to the inspector. of sale 9. The inspector before issuing a certificate as mentioned in Cancellation of section 6 hereof shall (if the memorandum described in sub-memorandum section 1 of section 6 hereof relates only to the stock then intended to be shipped, or if having applied to other stock has as to them already been cancelled) cancel and retain such memorandum; if the memorandum relates to more animals than those about to be shipped and has not been previously cancelled the inspector shall cancel it as to the animals about to be shipped and return it to the person who produced it to him. 10. The inspector shall be entitled to a fee of five cents for Inspection fee every animal inspected by him under this Ordinance and the said fee shall be paid to the inspector before any certificate of inspection is given by him. BUTCHER'S RECORD. HIDES. keep record slaughtered 11. Every butcher shall keep a record of all cattle slaugh- Butchers to tered by or for him, naming therein the person from whom of cattle obtained and his place of residence, and the age, sex, brands (if any) and marks of all such cattle, which record shall be kept at the place of business of such butcher and shall at all times be open to inspection by any person. Hides to be kept Hides of animals others than butchers 12. Every butcher shall keep the hides of all cattle slaughtered by or for him for a period of not less than thirty days and such hides shall be produced by him for the inspecton of any person on order of a justice of the peace or an inspector. 13. Every person other than a butcher who slaughters any slaughtered by head of cattle shall preserve the hide of the same for a period of thirty days and shall produce the same for the inspection of any person on the order of a justice of the peace or an inspector: Provided always that such hide may at any time before the expiration of the said period be sold to any person required by this Ordinance to keep a record of hides purchased by him. Purchasers of hides to keep record Removal of nides of animals 14. Every person shall keep a record of all hides of cattle obtained by him, which record shall state (a) The date of each such purchase; (b) The name and place of residence of the person from whom purchased; (c) All brands and marks on such hides, specifying distinctly whether the brands are vented or not; which record shall at all times be open to inspection by any person. 15. No person other than the owner of such animal or his agent shall remove the hide from the carcass of any cattle found dead. Inspector's return Penalty for breach of Ordinance INSPECTOR'S RETURN. 16. Every inspector appointed under the provisions of this Ordinance shall on or before the fifteenth day of January in each year make a return to the commissioner setting forth the fees and emoluments received under this Ordinance for the year next preceding, and shall at all times furnish to the commissioner on demand therefor any information he may require. PENALTIES. 17. Any person contravening any of the provisions of this Ordinance shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $100. MISCELLANEOUS. Repeal Date of effect 18. Sections 15, 16, 17, 18 19, 20, 21, 22, 23, 24, 25 and 26, of chapter 76 of The Consolidated Ordinances 1898 are hereby repealed. 19. This Ordinance shall come into force on the first day of July, 1899. |