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(4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

(5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of section 38 (2b), either alone or with others, and without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

(6) When a partner is expelled and the remaining partners continue the business either alone or with others, without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

(7) The liability of a third person becoming a partner in the partnership continuing the business, under this section to the creditors of the dissolved partnership shall be satisfied out of partnership property only.

(8) When the business of a partnership after dissolution is continued under any conditions set forth in this section the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property.

(9) Nothing in this section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud.

(10) The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership.

§ 42. When any partner retires or dies, and the business is continued under any of the conditions set forth in section 41 (1, 2, 3, 5, 6,) or section 38 (2b), without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such persons or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership: Provided, that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this section, as provided by section 41 (8) of this Act.

§ 43. The right to an account of his interest shall accrue to any partner, or his legal representative, as against the winding up partners

or the surviving partners or the person or partnership continuing the business, at the date of dissolution, in the absence of any agreement to the contrary.

PART VII.

MISCELLANEOUS PROVISIONS.

§ 44. All Acts or parts of Acts inconsistent with this Act are hereby repealed.

FILED June 28, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-eighth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

PAUPERS.

AMENDING LAW RELATING TO PAUPERS.

§ 1. Amends section 28, Act of 1874.

§ 28. (1) Counties empowered to contract jointly for the erection of poor houses-(3) poor farms not to be rented to detriment of inmates - - (8) approval of each county board necessary for establishment of joint poor farm method of abandon

ment.

(SENATE BILL No. 365. APPROVED JUNE 22, 1917.)

AN ACT to amend an Act entitled "An Act to reveise the law in relation to paupers," approved March 23, 1874, in force July 1, 1874, as subsequently amended, by amending section twenty-eight thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled: "An Act to revise the law in relation to paupers," approved March 23, 1874, in force July 1, 1874, as subsequently amended, be and the same is hereby amended by amending section twenty-eight (28) thereof, to read as follows:

$28. The county board of any county in this State in which the poor are not supported by the towns thereof, as provided by law, shall have power

(1) To acquire in the name of the county by purchase, grant, gift or devise, a suitable tract or tracts of land upon which to erect and maintain a county poor house and other necessary buildings in connection therewith, and for the establishment and maintenace of a farm for the employment of the poor, and to erect and maintain such buildings and establish and maintain such farm, but they shall not expend for the purchase of any such land or the erection of any such buildings, a sum exceeding three thousand ($3,000.00) dollars, without a two-thirds majority vote of all the members of the county board.

Any such county shall have power by contract with another county or counties, to jointly secure by purchase or otherwise, necessary lands,

and erect and maintain a poor house and other necessary buildings for the maintenance of the poor of such counties.

(2) To receive in the name of the county gifts, devises and bequests to aid in the erection or maintenance of the poor house, or in the care and support of poor and indigent persons.

(3) To make all proper rules and regulations for the management of the county poor house and poor farm and of the inmates of the poor house. Provided, that no such poor farm shall be let or rented upon the principle of the highest bid for the use of the land and the lowest bid for the maintenance of the county charges or upon any plan which may tend to the detriment or neglect of the inmates or the waste or deterioration of the property, but shall be conducted by the county only through its officers, agents or representatives.

(4) To appoint a keeper of the poor house and all necessary agents and servants for the management and control of the poor house and farm and prescribe their compensation and duties.

(5) To appoint a county physician and prescribe his compensation and duties.

(6) To appoint an agent to have the general supervision and charge of all matters in relation to the care and support of the poor and prescribe his compensation and duties.

(7) To make all proper and necessary appropriations out of the county treasury for the purchase of land and the erection of buildings, as authorized by this Act, and to defray the expenses necessary in the care and maintenance of the same and for the support of the poor, and to cause an amount sufficient for said purposes to be levied upon the taxable property of the county and collected as other taxes.

(8) Upon the vote of a two-thirds majority of all the members of the board to sell and dispose of the whole or any part of the poor farm of the county in such manner and upon such terms as they may deem best for the interest of the county, and to make and execute all necessary conveyances thereof, in the same manner as other conveyances of real estate may be made by a county.

In case of the establishment and maintenance of a joint poor farm, the approval of the county board of each county shall be necessary for action under any provisions of this section.

Such joint poor farm may be dissolved or abandoned by agreement of the counties interested, or upon petition to the County Court, upon such terms as are equitable and just to the counties concerned.

APPROVED June 22, 1917.

PENITENTIARIES.

EMPLOYMENT OF CONVICTS.

§ 1. As amended, convicts may be em- § 3. As amended, title of Act includes ployed in manufacture of crushed rock and other road material.

[blocks in formation]

preparing
rock, etc.

of cement,

crushed

[blocks in formation]

AN ACT to amend an Act entitled, "An Act authorizing and empowering the employment of convicts and prisoners in the penal and reformatory institutions of the State of Illinois in the manufacture of tile and culvert pipe for road drainage purposes, and in the manufacture of machinery, tools and appliances for the building, maintaining and repairing of the wagon roads of the State and for preparing road building and ballasting material, upon the requisition of the State Highway Commission," approved May 18, 1905, in force July 1, 1905, by amending the title and by amending sections one (1) and two (2) thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act authorizing and empowering the employment of convicts and prisoners in the penal and reformatory institutions of the State of Illinois in the manufacture of tile and culvert pipe for road drainage purposes, and in the manufacture of machinery, tools and appliances for the building, maintaining and reparing [repairing] of the wagon roads of the State and for preparing road building and ballasting material, upon the requisition of the State Highway Commission," approved May 18, 1905, in force July 1, 1905, be, and the same is hereby amended by amending the title and by amending sections one (1) and two (2) to read as inserted at length herein.

§ 1. The Department of Public Welfare of the State of Illinois is authorized and empowered, to employ convicts and prisoners in the penal and reformatory institutions of the State, in the manufacture of tile and culvert pipe suitable for draining the wagon roads of the State, and in the preparation of road building and ballasting material, including cement, crushed rock, and any and all other road building material. Such tile[,] culvert pipe, cement, crushed rock, road building and ballasting material to be furnished free for use on the State aid roads of the State. Said convicts and prisoners may also be employed in the manufacture of road machinery, tools and necessary appliances for the building, maintaining and repairing of the wagon roads of the State; such tile, culvert pipe, road building and ballasting materials, road machinery, tools, appliances, to be placed upon railroad cars and forwarded to proper destinations, to be used as hereinafter provided.

§ 2. The commissioners of highways, in any township in counties under township organization, or the commissioners of highways or boards. of county commissioners in counties not under township organization, may make application to the State Highway Commission for such road.

building material, tile, culvert pipe, cement, crushed rock and other road building material, road making machinery, tools and other appliances, as may be needed or required by them for the construction, improvement or repairing of the wagon roads in their respective townships or road districts, and where, by agreement of the commissioners of highways, in counties under township organization, or the commissioners of highways or boards of county commissioners in counties not under township organization, as the case may be, with the city council of any city, or the board of trustees of any village, within the limits of such town, any gravel, rock, macadam or other hard road is extended within or through the corporate limits of such city or village, then for the construction, improvement or repairing of so much of said road as lies within the corporate limits of such city or village, Provided such extension within such city or village shall be of the same cost and kind of material as the road outside such city or village, obligating themselves to use such material, according to rules and regulations formulated and approved by the State Highway Commission. Any surplus of road building materials, prepared by such convicts or prisoners, may be sold to counties, cities, towns and villages of the State, for road and street purposes, at cost.

§ 3. The title of this Act is hereby amended to read as follows: "An Act authorizing and empowering the employment of convicts and prisoners in the penal and reformatory institutions of the State of Illinois, in the manufacture of tile and culvert pipe for road drainage purposes, the preparation of cement, crushed rock and other road building and ballasting materials, the manufacture of machinery, tools and appliances for the building, maintaining and repairing of the wagon roads of the State.

APPROVED June 26, 1917.

PENSIONS.

ILLINOIS PENSION LAWS COMMISSION.

§ 1. Creates Pension Laws Commission § 3. Powers of commission. -appointment and qualications.

§ 2. Duty of commission-report.

(SENATE BILL No. 349.

§ 4. Expenses and per diem-how paid.

APPROVED JUNE 14, 1917.)

AN ACT providing for the creation of a commission to be known as the Illinois Pension Laws Commission, and defining the powers and duties of such commission.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That there is hereby created a commission to be known as the Illinois Pension Laws Commission, to consist of four members, one of whom shall be a representative of one of the public pension funds of this State heretofore created by law, the other three of whom shall be persons not interested in any of the said pension funds and one of whom shall be a person versed in financial affairs, one a person of actuarial experience, and one a person of legal

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