D. 1897.]
PARTNERSHIP.
[No. 1.
287
2) A partnership may, at the option of the other partners, be dissolved if any partner suffers his share of the partnership property to be charged under this Ordinance for his separate debt.
36. A partnership is in every case dissolved by the happening of any event which makes it unlawful for the business of the firm to be carried on by reason of illegality of partnership.
87. On application by a partner, the Court may decree a dissolution of the partnership in any of the following cases:
(1) when a partner is found lunatic by inquisition, or is shown, to the satisfaction of the Court, to be of permanently unsound mind, in either of which cases the application may be made as well on behalf of that partner by his committee, or next friend, or person having title to intervene as by any other partner;
(2) when a partner, other than the partner suing, becomes in any other way permanently incapable of performing his part of the partnership contract;
(3) when a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business;
(4) when a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him;
(5) when the business of the partnership can only be carried on at a loss; and
(6) whenever in any case circumstances have arisen which, in the opinion of the Court, render it just and equitable that the partnership be dissolved.
88. (1) Where a person deals with a firm after a change in its constitution, he is entitled to treat all apparent members of the old firm as still being members of the firm until he has notice of the change.
Rights of persons dealing with firm against apparent members of firm.
(2) An advertisement in The Gazette as to a firm whose principal place of business is in the Colony shall be notice as to persons who had not dealings with the firm before the date of the dissolution or change advertised.
(3) The estate of a partner who dies, or who becomes bankrupt, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable for partnership debts.
D. 1897.]
PARTNERSHIP.
[No. 1.
287
2) A partnership may, at the option of the other partners, be solved if any partner suffers his share of the partnership property be charged under this Ordinance for his separate debt.
36. A partnership is in every case dissolved by the happening of any Dissolution ent which makes it unlawful for the business of the firm to be carried by illegality
of partner- mor for the members of the firm to carry it on in partnership.
ship.
87 On application by a partner, the Court may decree a dissolution Dissolution
by the Court.. the partnership in any of the following cases-
(1) when a partner is found lunatic by inquisition, or is shown, to the satisfaction of the Court, to be of permanently unsound mind, in either of which cases the application may be made as well on behalf of that partner by his committee, or next friend, or person having title to intervene as by any other partner;
when a partner, other than the partner suing, becomes in any other way permanently incapable of performing his part of the partnership contract;
(3.) when a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business;
(4.) when a partner, other than the partner suing, wilfully or per- sistently commits a breach of the partnership agreement or other- wise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him;: (5.) when the business of the partnership can only be carried on at a
loss; and
(6.) whenever in any case circumstances have arisen which, in the opinion of the Court, render it just and equitable that the partner- ship be dissolved.
88. (1.) Where a person deals with a firm after a change in its Constitution, he is entitled to treat all apparent members of the old firm as still being members of the firm until he has notice of the change.
Rights of persons
- dealing with firm against
apparent members of
(2.) An advertisement in The Gazette as to a firm whose principal firm. place of business is in the Colony shall be notice as to persons who had not dealings with the firm before the date of the dissolution or change
advertised.
-
(3) The estate of a partner who dies, or who becomes bankrupt, or of partner who, not having been known to the person dealing with the rm to be a partner, retires from the firm, is not liable for partnership
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