to which a summons may be directed to serve the same and make due return thereon to said board. Such witnesses shall be paid as the law now provides for the payment of witnesses in circuit courts. Such board shall keep a record and files of their proceedings and all oral testimony shall be reduced to writing and preserved as a part of the record. Such board shall have power to employ a competent clerk, who shall also be a stenographer, at a salary of nine hundred dollars ($900) per annum; such salary to be paid out of the treasury of state from any funds not otherwise appropriated.

8108t1. Salaries and expenses.-5. The salary of each member of the state board of pardons shall be three hundred dollars ($300) per annum and traveling and other necessary expenses while in the discharge of his duties, to be paid out of the state treasury from any funds not otherwise appropriated.

CHAPTER 100.

PARTNERSHIPS.

Section numbers to notes refer to Revised Statutes of 1901.

[Acts 1903, p. 308. In force April 23, 1903.]

8110. General and special partners.-2. Such partnerships may consist of one or more partners, who 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 in actual cash payments a specific sum 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 fund so contributed by him or them to the capital stock: Provided, That it shall and may be lawful for any special partners to make his contribution to the common stock of any such limited partnership be may become a member of in goods or merchandise or accounts and bills receivable: Provided, further, That when such contributions are made in goods or merchandise, the same shall first be appraised under oath, by an appraiser who shall be appointed by the judge of the circuit court of the county in which such partnership is to be carried on: And provided, also, That in the certificate now required by law the nature and value of said goods shall be fully set forth and described.

See notes to section 8110, Burns' R. S. 1901.

This section amends section 8110, Burns' R. S. 1901, and section 8121 of such revision is repealed by this act.

8116. Withdrawing or reducing capital stock.-8. During the continuance of any partnership under the provisions of this act, no part of the capital stock thereof shall be withdrawn, nor any division of interest or profit made so as to reduce such capital stock below the sum stated in the certificate before mentioned; and, if at any time during the continuance, or at the termination of such partnership, the property or assets shall not be sufficient to pay the partnership debts, then each special

partner shall be held responsible for and shall pay back into said partnership the sums received by him as interest, dividends, or profits which might have been paid to him while such partnership was insolvent, together with interest thereon.

This section amends section 8116, Burns' R. S. 1901.

8121a. Special partner, rights, powers. 4. A special partner may, from time to time, examine into the state and progress of the partnership concerns, and may advise as to its management, but he shall not transact any business on account of the said partnership, nor be employed for that purpose as agent, attorney or otherwise; if he shall interfere contrary to these privisions he shall be deemed a general partner.

8121b. Accounting.-5. The general partners shall be liable to account to each other and to the special partners for the management of their concerns as other partners are now required by law.

8121c. Dividing profits, withdrawals.-6. A special partner shall receive his proportion of such profits, it being provided that no part of the sum which any special partner may have contributed to the capital stock shall be withdrawn by him or paid or transferred to him as interest, dividends, profits or otherwise, at any time during the continuance of any such partnership.

8121d. Increasing capital.-7. The capital of such partnership may be increased either by taking in new special partners or general partners, or by new subscriptions of capital by the partners previously in such firm; such increase shall be made in pursuance of the consent of all the members of such partnership and each such increase of capital stock shall be duly acknowledged, certified and recorded; but no neglect in recording the certificate of any such increase of capital or of any sale or transfer of the interest or shares of the special partners or any of them, shall be considered to effect a dissolution of the firm, or to make the special partners liable as general partners.

8121e. Sale by special partner.-8. A special partner, with the assent of his partner or partners, in writing, first had and obtained, may sell or assign his interest in the limited partnership, without causing thereby a dissolution of the partnership.

8121f. Insolvency, dissolution.-9. The insolvency of any special partner shall not cause a dissolution of the limited partnership, but his interest therein shall be sold by his assignees for the benefit of his creditors.

CHAPTER 102.

PERSONAL PROPERTY.

Section numbers to notes refer to Revised Statutes of 1901.

Wills may be in violation of the statute against perpetuities at the time of their execution, but events may happen before the death of the testator which will remove all such objectionable features. Murphey v. Brown, 159 Ind. 106.

The death of legatees prior to the death of a testator may render a will valid which would have been void under the statute against perpetuities had such legatees survived the testator. Murphey v. Brown, 159 Ind. 106.

Charitable bequests do not fall within the statute prohibiting the alienation of property, but, if such bequests are a part of a scheme to create a trust for thirty years, the same are invalid. Phillips v. Heldt, 33 App. 388.

8136. Joint tenancy, rights of survivor.

If notes are made payable to a husband and wife, the survivor will be entitled to but one-half of such notes. Collyer v. Cook, 28 App. 272.

If personal estate is bequeathed to two persons, and no provision is made as to survivorship, and one of the legatees dies, the other legatee takes but one-half of the bequest. Thieme v. Union Trust Co., 32 App. 522.

CHAPTER 104.

POOR.

Section numbers to notes refer to Revised Statutes of 1901.

If a person, without authority from a township trustee, buries an indigent soldier, he can not recover the expense of the burial from the county. Sherfey v. Board, 26 App. 66.

When a township trustee determines that a soldier shall be buried at the expense of the county, and authorizes such burial, no court or other authority can inquire into the right of the trustee to make such order, in the absence of fraud or collusion, and the person making the burial can recover the expense from the county to the amount of $50. Gardner v. Board, 161 Ind. 149; Board v. Hinson, 29 App. 189.

8166g. Appropriations by county council.

In an action by a physician against a county to recover for services rendered the poor, it must be alleged in the complaint that the county council had made an appropriation to pay for such services. Gish v. Board, 31 App. 485.