2.
THE HONGKONG GOVERNMENT GAZETTE, 5тя DECEMBER, 1896.
8. An act or instrument relating to the business of tho firm and done or executed in the firm-name, or in any other manner showing an intention to bind the firm, by any person thereto authorized, whether a partner or not, is binding on the firm and all the partners: Provided that this section shall not affect any general rule of law relating to the execution of deeds or negotiable instruments.
9. Where one partner pledges the credit of the firm for a purpose apparently not connected with the firm's ordinary course of business, the firm is not bound, unless he is in fact specially authorized by the other partners; but this section does not affect any personal liability incurred by an in- dividual partner.
10. If it has been agroad between the partners that any restriction shall be placed on the power of any one or more of them to bind the firm, no act done in contravention of the agreement is binding on the firm with respect to persons having notice of the agreement.
11. Every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner; and after his death his estate is also severally liable in a due course of administra- tion for such debts and obligations, so far as they remain unsatisfied, but subject to the prior payment of his separate debts.
12. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the firm or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or omitting to act.
13. In the following cases, namely,—
(1.) Where one partner, acting within the scope of his apparent authority, receives the money or property of a third person and misapplies it; and (2.) Where a firm in the course of its business receives the money or property of a third person, and the money or property so received is misapplied by one or more of the partners while it is in the custody of the firm, the firm is liable to make good the loss.
14. Every partner is liable jointly with his co-partners and also severally for everything for which the firm while he is a partner therein becomes liable under either of the last two preceding sections.
15. If a partner, being a trustee, improperly employs. trust-property in the business or on the account of the partnership, no other partner is liable for the trust-property to the persons beneficially interested therein: Provided as follows:-
(1.) This section shall not affect any liability incurred by any partner by reason of his having notice of a breach of trust; and
(2.) Nothing in this section shall prevent trust money from being followed and recovered from the firm if still in its possession or under its control.
16.-(1.) Every one, who by words spoken or written or by conduct represents himself, or who knowingly suffers himself to be represented, as a partner in a particular firm, is liable as a partner to any one who has, on the faith of any such representation, given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffer- ing it to be made.
(2.) Provided that where after a partner's death the partnership business is continued in the old firm-name, the continued use of that name or of the deceased partner's name as part thereof shall not of itself make his executors or administrators, estate or effects, liable for any partner- ship debts contracted after his death.
17. An admission or representation made by any partner concerning the partnership affairs, and in the ordinary course of its business, is evidence against the firm.
18. Notice to any partner who habitually acts in the partnership business of any matter relating to partnership affairs operates as notice to the firm, except in the case of a fraud on the firm committed by or with the consent of that partner.
Partners bound by acts on behalf of firm. (Ibid. s. 6.)
Partner using credit of firm for private purposes. (Thid, s. 7.)
Effect of notice that Arm will not be bound
by
Rets of partner. (Ibid, s, A.)
Liability of partners,
(Ibid, s. 9.)
Liability of firm for wrongs. (Thid, a. 10.)
MisappHca- tion of money or property received for or in custody of firm. (Ibid, s. 11.)
Liability for wrongs joint and several, (Ibid, s. 12.)
Improper employment of trust- property for partnership purposes. (Ibid, s. 13.)
Persons Ilable by "holding out." (Ibid, a. 14.)
Admissions and represen- tations of partner.
Ibid, s. 15.)
Notice to acting partner to be notice to firm. (Ibid, s. 16.)
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