Page:United States Statutes at Large Volume 14.djvu/468

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438 THIRTY-NINTH CONGRESS. Sess. II. Ch. 161, 162. 1867. 1{roceedios against the plaintids ; and if creditors shall have recovered a judgment or ‘{:,‘::f_s$°;fl';;1 _ obtained a decree against general partners only, and shall afterwards dis. E .,,;,,;,1,,.1;.,.,.,, cover that special partners or some one or more of them have become elterwefds ep- liable as general partners, he may bring a new suit against such special §§;`°l§}:,;;f’ b°' partner or partners; and in such suit the judgment recovered as aforesaid qudgmeptwbe shall be prima facie evidence of the amount due by the partnership, and g:1'g:£’£°§c°'*· the partnership debt shall not be merged in any judgment or decree re- . ’covered or obtained against any partner or partners, as against any other partner or partners. p,,,.,,,,,.,,,,,,, Sec. 19. And be it further enacted, That no dissolution of such partner. not to be dis- ship by act of the partners shall take place previous to the time specified ff’rL'°dtgQ;g'? lm in the certificate of its formation, or in the certificate of its renewal, unless l S B ID , • cm-tiscmmu. in consequence of the death of one of the partners, or insolvency of the lm. &°- partnership, or of one of the general partners, nor until a notice of such dissolution shall have been filed and recorded in the clerk’s office in which the original certificate was recorded, and published once a week for four weeks in two newspapers, to be designated by the clerk of the supreme court of the District of Columbia, which publication may be proved by affidavit and recorded as hereinbefore prescribed for the publication of the certificate for the formation of such partnership. General part· Sec. 20. And be it jitrtlaer enacted, That the general partners shall be

¤§;¤ull#;glga;<L¤¢~ liable to account to each other and to the special partners for the manage-

0,,,,,,. ,,,,,1 to Spb ment of the concern, both rn law and equity. cial partners. APPROVED, March 2, 1867. 315;-cha, 1867, CHAP. CLXlI.—An Act to incorporate the Howard University in the Distric: cj

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Be it enacted at the Senate and House of Representatives of the United The Iloward States of America in Congress assembled, That there be established, and g)“"'°"‘l'Y.'“' is hereby established, in the District of Columbia, a university for the rporated in the , . . . Distyigt of go. education of youth in the liberal arts and sciences, under the name, style, l¤¤¤bi¤· and title of “The Howard University." (;0,-Pomwm Sec. 2. And be it further enacted, That Samuel C. Pomeroy, Charles B. Boynton, Oliver O. Howard, Burton C. Cook, Charles H. Howard, James B. Hutchinson, Henry A. Brewster, Benjamin F. Morris, Danforth B. Nichols, William G. Finney, Roswell H. Stevens, E. M. Cushman, Hiram Barbour, E. W. Robinson, W. F. Bascom, J. B. Johnson, and Silas L. Loomis, be, and they are hereby, declared to be a body politic commu and corporate, with perpetual succession in decd or in law to all intents ¤¤¤¤¤ fwd WW- and purposes whatsoever, by the name, style, and title of “The Howard °°°' University," by which name and title they and their successors shall be competent, at law and in equity, to take to themselves and their successors, for the use of said university, any estate whatsoever in any messuage, lands, tenements, hereditaments, goods, chattels, moneys, and other effects, by gift, devise, grant, donation, bargain, sale, conveyance, assurance, orwill; and the same to grant, bargain, sell, transfer, assign, convey, assure, demise, declare, to use and farm let, and to place out on interest, for the use of said university, in such manner as to them, or a majority of them, shall be deemed most benencial to said institution; and to receive the same, their rents, issues, and profits, income and interest, and to apply the same for the proper use and benefit of said university; and by the same name to sue and be sued, to implead and be imple[a]ded, in any courts of law and equity, in all manner of suits, actions, and proceedings whatsoever, and generally by and in the same name to do and transact all and every Net mmusnu. the business touching or concerning the premises: Provided, That-the .g;1i¤;g>g 30W6K- same do not exceed the value of fifty thousand dollars not annual income, ow., &c_’ over and above and exclusive of the receipts for the education and support of the students of said university.