eral partnerships, in which cases all the partners deemed general partners may join or be joined in such suits; and excepting, also, those cases where special partners shall be held severally responsible on account of any sums by them received or withdrawn from the common stock, as before provided. 2908. Dissolution of partnerships.

SEC. 12. 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 recorder's office in which the original certificate, or the certificate of renewal or continuation of the partnership was recorded, and unless such notice shall also be published for three successive weeks in some newspaper printed in the county where the certificates of the formation of such partnerships were published, according to the provisions of this act; and if no newspaper shall, at the time of such dissolution, be printed in such county, then the notice of such dissolution shall be published in some newspaper in this territory nearest thereto.

2909. Liability and rights of partners.

SEC. 13. In all cases not otherwise provided for in this act, the members of limited partnerships shall be subject to all the liabilities and entitled to all the rights of general partners.

An Act requiring partners transacting business in this state to file certificate of partnership with names of each individual comprising the same.

Approved February 9, 1887, 46

2910. File certificate with county clerk

Publication of same.

2911. Certificate - Form of Publication,

when-Penalty for failure.

2912. New certificate on change of partners. 2913. Clerk to keep register.

2914. Evidence of fact-Copies of entries of county clerk to be.

2910. File certificate with county clerk-Publication of same.

SECTION 1. Every partnership transacting business in this state under a fictitious name or a designation not showing the names of the persons interested as partners in such business, must file with the clerk of the county in which the said partnership is carrying on business, a certificate, stating the names in full of the members of such partnership and their places of residence, and publish the same once a week for four successive weeks in a newspaper published in the county, if there be one, and if there be none in such county, then in a newspaper published in an adjoining county.

2911. Certificate-Form of-Publication, when-Penalty for failure.

SEC. 2. The certificate filed with the clerk, as provided in section 1 of this act, must be signed by the partners and acknowledged before some officer authorized to take the acknowledgment of conveyances of real property. Where the partnership is hereafter formed, the certificate must be filed, and the publication designated in that section must be made within one month. after the formation of the partnership, or within one month from the time designated in the agreement of its members for the commencement of the partnership; where the partnership has been heretofore formed, the certificate must be filed and the publication made within two months after the passage of this act. Persons doing business as partners contrary to the provisions of this act, shall not maintain any action upon, or on account of any contracts made or transactions had in their partnership name, in any court of this state, until they have first filed the certificate and made the publication herein required.

2912. New certificate on change of partners.

SEC. 3. On every change in the members of a partnership transacting business in this state under a fictitious name or a designation which does not show the names of the persons interested as partners in its business, a new certificate must be filed with the county clerk, and a new publication made, as required in this act, on the formation of such partnership.

2913. Clerk to keep register.

SEC. 4. Every county clerk must keep a register of the names of firms and persons mentioned in the certificates filed with him, pursuant to this act, entering in alphabetical order the name of every such partnership and of each partner therein, and he shall charge for each name so entered the sum of twenty-five cents, to be collected as other fees, which shall be full compensation for filing and registration.

2914. Evidence of fact-Copies of entries of county clerk to be.

SEC. 5. Copies of the entries of a county clerk, as herein directed, when certified by him, and affidavits of publication as herein directed made by the printer, publisher or chief clerk of a newspaper, are prima facie evidence of the facts therein stated; provided, that this act shall not apply to any incorporation duly created and existing under and by virtue of the laws governing and providing for the creation of incorporations in this state and now engaged or hereafter to be engaged in doing business in this state.

The following citations concerning partnerships, although not referring to the preceding acts, are here given as a matter of convenience:

Ultimate facts showing partnership as between partners. As between partners the ultimate facts whence a partnership is deduced are first, the agreement, and second, its execution; summed up as the executed agreement: there can be no partnership between parties, so far as they solely are concerned, without a consent thereto and a fulfillment thereof. Groves v. Tallman, 8 Nev. 178.

Partnership contracts joint. Partnership obligations are joint in their nature at least to the extent that one partner may always take advantage of the nonjoinder of his copartner in an action on a partnership contract. Tinkum v. O'Neale, 5 Nev. 93.

Judgment against one partner bars action against his copartner. A judgment against one partner upon a partnership contract merges the debt and constitutes a bar to a subsequent action for the same breach against his copartners. Idem.

Action against partner where copartner discharged in bankruptcy. Where one of two partners is discharged in bankruptcy, the other may be proceeded against alone. Idem.

Partners Not bound by mortgage of copartner. Arnold v. Stevenson, 2 Nev. 234.

Real estate-Purchase of by one partner. The purchase of real estate may or may not be within the scope of the partnership business. Davis v. Cook, 14 Nev. 265.

Purchase in firm name binding. Plaintiff need not inquire as to consent of other partners. Idem.

Partners, joint tenants. Partners are quasi joint tenants, the survivor having a peculiar, qualified survivorship. Whitmore v. Shiverick, Nev. 288.

A partner cannot sell his interest in partnership property so as to deprive his copartners of their lien thereon for partnership liabilities. Nor can a mortgage executed by one partner have such effect. Idem.

Partnership property may be sold without the right of redemption. Where the property of an insolvent partnership is ordered to be sold in order to pay the partnership debts, the right of redemption does not exist. Rhoades v. Williams, 12 Nev. 20.

Who not partners. Jones v. O'Farrell, 1 Nev. 354.

Liability as partners. Person sharing in profits as compensation for labor not liable. Mason v. Hackett, 4 Nev. 420.

Partners-When action at law may be maintained between. When balance has been found and agreed upon. Wicks v. Lippman, 13 Nev. 499.

Dissolution of copartnership-Relation of partners-Surety and principal debtor-Payment of indebtedness. Upon the dissolution of a copartnership where there is an agreement that one partner assumes and will pay all the debts of the firm, he thereby becomes

POOR AND POOR LAWS

Relating to support of the poor, sections 2915-2925.

Concerning bringing of indigent, incompetent or incapacitated persons into the state or from one county into another county, sections 2926-2928.

Counties to provide for their own poor, Const. 367.

2915. Commissioners to superintend.

SECTION 1. The boards of county commissioners of the several counties of this state are hereby vested with entire and exclusive superintendence of the poor in their respective counties.

A former act "to establish and maintain a state asylum for the indigent poor and maimed" (Stats. 1879, 142), which attempted to repeal this act was held to be in plain conflict with constitution, art. 13, sec. 3 (ante, 367), and therefore void. State ex rel. Keyser v. Hallock, 14 Nev. 202, 208 (33 A. R. 559).

A laboring man who has always been able to make a living, and who, until his last illness, had never had occasion to ask or receive charity, is not a pauper, although without money or property with which to pay the expenses of that sickness. Lander Co. v. Humboldt Co., 21 Nev. 415 (32 P. 849).

2916. Relatives to support in certain cases-Intemperance.

SEC. 2. Every poor person who shall be unable to earn a livelihood in consequence of bodily infirmity, idiocy, lunacy, or other cause, shall be supported by the father, grandfather, mother, grandmother, children, grandchildren, brothers, or sisters of such poor person, if they, or either of them, be of sufficient ability; and every person who shall fail to support his or her father, grandfather, mother, grandmother, child, grandchild, sister, or brother, when directed by the board of commissioners of the county where such poor person shall be found, whether such relatives reside in the county or not, shall forfeit and pay to the county, for the use of the poor of their county, the sum of thirty dollars per month, to be recovered in the name of the county commissioners for the use of the poor, as aforesaid, before any justice of the peace, or any court having jurisdiction; provided, that when any person becomes a pauper from intemperance, or other bad conduct, he shall not be entitled to any support from any relation, except parent and child. 2917. Relatives called upon for support.

SEC. 3. The children shall be first called on to support their parents, if there be children of sufficient ability; if there be none, the parents of such poor persons shall be next called upon, and if there be no parents or children of sufficient ability, the brothers and sisters shall be next called on; and if there be no brothers and sisters, the grandchildren of such poor persons shall be called on, and then the grandparents; but married females, whilst their husbands live, shall not be liable to a suit, except that in cases where the grandchildren shall become paupers, the grandparents shall not be liable for but one-half the amount of such charge, or vice versa.

2918. County support-When-How.

SEC. 4. When any poor person shall not have relatives in any county in this state, as are named in the preceding section, or such relatives shall not be of sufficient ability, or shall fail or refuse to maintain such pauper, then the said pauper shall receive such relief as the case may require, out of the county treasury, and the county commissioners may either make a contract for the necessary maintenance of the poor, or appoint such agents as they may deem necessary to oversee and provide for the same.

2919. County commissioners to apprentice minors.

SEC. 5. When a minor shall become, or be likely to become chargeable to the county, either because of being an orphan, or because the parents, or other relations, as aforesaid, are unable, or refuse, to support such minor, it shall be the duty of the county commissioners to bind such minor as an apprentice, to some respectable householder of the county, by written indenture, which shall bind such minor to serve as an apprentice, and shall in all respects, be to the tenor and effect as required in the act concerning apprentices, and in the absence of such law, in such manner as they shall deem for the best interests of said minor.

See secs. 482 497.

2920. Sick paupers-Death and burial-Allowance.

SEC. 6. When any nonresident, or any other person not coming within the definition of a pauper, shall fall sick in any county of this state, not having money or property to pay his board, nursing or medical aid, it shall be the duty of the commissioners of the proper county, on complaint being made, to give, or order to be given, such assistance to such poor person as they may deem just and necessary; and if such sick person shall die, then the said commissioners shall give, or order to be given, to such person, a decent burial; and the said commissioners shall make such allowance for board, nursing, medical aid, or burial expenses, as they shall deem just and equitable, and order the same to be paid out of the county treasury.

The liability of a county for the relief and support of its indigent poor is purely statutory, and to render one county liable for such relief granted by another county to one of the former's indigent residents, the case must come fairly within the statute. Washoe Co. v. Eureka Co., 25 Nev. 356 (60 P. 376); Lander Co. v. Humboldt Co., 21 Nev. 416-418 (32 P. 849).

There are none of the elements of a contract, expressed or implied, in a demand for the relief or support of the poor. The liability exists only in the pursuance of the positive provisions of the statute. Idem.

A county in this state is only liable for relief furnished by another county to one of its indigent residents when such indigent is a pauper. Idem.

2921. Satisfactory evidence of residence.

SEC. 7. When an application is made by any pauper to the board of county commissioners of any county in this state, for relief, it shall be necessary for said commissioners to require of said pauper satisfactory evidence that he or she has been a resident of said county for six months immediately preceding the day upon which such application is made, or if such is not the case, satisfactory evidence in regard to where said pauper last resided for six months prior to arrival in the county where such application is made. As amended, Stats. 1867, 116.

2922. When pauper entitled to relief-Temporary relief-Pauper to be removed-County of residence to afford relief-Liable for temporary relief.

SEC. 8. When application is made by any pauper to the board of county commissioners aforesaid, and it shall appear to the satisfaction of said board that the person so applying for relief has resided in said county agreeably to the provisions of the foregoing section of this act, said pauper shall be entitled to all of the relief provided by this act; but if, on the contrary, it shall appear to the satisfaction of said board, that such pauper has not been a resident of said county agreeable to the provisions of the foregoing section, but that said pauper, previous to removing to the said county, where said application is made, was a resident of some other county of this state, said board shall provide temporary relief for said pauper, and immediately notify the board of county commissioners of the county where said pauper last had a residence for six months, and said notice shall be in writing, duly attested by the clerk of the board of county commissioners, and deposited in the postoffice, addressed to the board of county commissioners of said county, and it shall be the duty of the board of county commissioners receiving said notice to cause said pauper to be immediately removed to their county, and pay a reasonable compensation for the temporary relief afforded, and if said board of commissioners neglect or refuse to remove said pauper, the county affording relief shall have a legal claim against said county for all relief necessarily furnished, and may recover the same in a suit at law. As amended, Stats. 1867, 117.

Cited, Lander Co. v. Humboldt Co., 21 Nev. 417 (32 P. 849).

When one county furnishes relief to a pauper resident of another county, the latter

county incurs no legal liability to the former therefor, unless the statutory notice is given. Washoe Co. v. Eureka Co., 25 Nev. 356, 360, 361, 363 (60 P. 376).