such partnership for the purpose of banking or effecting insurance. [C. L $2473. Cal. Civ. C. 2477*. See decisions under "Partnerships,"2488. 1688. General and special partners' liability. Such partners may consist of one or more persons who shall be called general partners and shall be jointly and severally responsible as general partners now are by law, of one or more persons who shall contribute in actual cash payments or in or personal property or both, a specific sum as capital to the common stock, who shall be called special partners, and who shall not be liable for the debt the copartnership beyond the fund so contributed by him or them to the capi stock. [C. L. § 2474*. 1689. General partners to transact business. General partners on shall be authorized to transact business and sign for the copartnership and t bind the same. [C. L. § 2475. 1690. Partnership certificate. Persons desiring to engage in the formation of such partnership, shall make and severally sign a certificate, which shall contain: 1. The name of the firm under which such partnership is to be conducted. 2. The general nature of the business intended to be transacted. 3. The names of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence. 4. The amount of capital in money, or in real or personal property or both, which each special partner shall have contributed to the common stock. 5. The period at which the partnership is to commence and the period at which it shall terminate. [C. L. § 2476*. 1691. Id. Acknowledgment. Such certificate shall be acknowledged by the several persons signing the same before a notary public or other officer authorized by law to take acknowledgment or proof of the execution of conveyances of land, and such acknowledgment or proof shall be made and certified in the same manner as the acknowledgment or proof of conveyances of land may be made or certified. [C. L. § 2477. 1692. Id. Recording. The certificate so acknowledged and certified shall be filed in the office of the county recorder of the county in which the principal place of business of the partnership shall be situated, and it shall be recorded by such county recorder. In case any such partnership shall have a place of business in more than one county in the state, then a copy of such certificate, certified by the county recorder of the county where the original was filed, shall in like manner be filed and recorded in the office of the county recorder in each county in which such partnership shall have a place of business. [C. L. § 2478. 1693. Affidavit to be filed with certificate. At the time of filing the original certificate with the evidence of the acknowledgment thereof, an affidavit of one or more of the general partners shall also be filed in the same office, stating that the sums specified in the certificate, or value thereof in real or personal property or both, have been contributed by each of the special partners to the common stock, and actually and in good faith paid into the general fund. [C. L. § 2479. 1694. When partnership deemed formed. False statement. No such partnership shall be deemed to have been formed until the certificate shall have been made, acknowledged, authenticated, filed, and recorded, and the affidavit shall have been filed. If any false statement be made in such certificate or affidavit, every person interested in such partnership shall be liable as a general partner for its engagements. [C. L. § 2480*. 1695. Publication of terms of partnership. The partners shall immediately publish the terms of the partnership, when recorded as above provided, for at least four consecutive weeks, in a newspaper to be designated by the county recorder of the county in which the record shall be made, and if no newspaper is published in the county, then the same shall be published in a newspaper (published within the judicial district in which their business shall be conducted, and if such publication be not made the partnership shall be deemed general. Such publication shall also be made in each county in which a certified copy of the certificate is filed and recorded. [C. L. § 2481*. 1696. Affidavits of publication. An affidavit of the publication of such notice by the printer, publisher, or foreman of the newspaper in which the same shall have been published, shall be filed with the county recorder directing the same, and it shall be evidence of the facts therein contained. [C. L. § 2482. 1697. Renewals. Every renewal or continuance of such partnership beyond the time originally fixed for its duration, shall be certified, acknowledged, authenticated, filed, and recorded, and an affidavit of a general partner be made and filed, and notice be given in the manner herein required for its original formation. Every such partnership which shall be otherwise renewed or continued shall be deemed a general partnership. [C. L. § 2483. 1698. Alteration in name of partnership, etc. Every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership, and every such partnership which shall in any manner be carried on after any such alteration shall have been made, shall be deemed a general partnership, unless renewed as a special partnership according to the provisions of this title. [C. L. § 2484. 1699. Names of special partners not to be used. The business of the partnership shall be conducted under a name in which the names of the general partners only shall be inserted, and if the name of any special partner shall be so used in such firm, he shall be deemed and held liable as a general partner. [C. L. § 2485. 1700. Actions. Actions in relation to the business of the partnership may be brought and conducted by and against the general partners in the same manner as if there were no special partner. [C. L. § 2486. 1701. Special partners not to withdraw capital. Dividends. No part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him from the firm, or paid or transferred to him in the shape of dividends, profits, or otherwise, at any time during the continuance of such partnership; but any partner may annually receive such rate of interest on the sum so contributed by him, as may be agreed upon in the articles of copartnership not exceeding twelve per cent per annum; provided, that the payment of such interest shall not reduce the original amount of such capital. After the payment of such interest, if any profits shall remain to be divided, a special partner may also receive his portion of such profits. [C. L. § 2487. 1702. Special partner to restore capital, when. If it shall appear by the payment of interest or profits to any special partner that the original capital has been reduced, the partner receiving the same shall be bound to restore the amount necessary to make good his share of the capital with interest. [C. L. $2488. 1703. Special partner not to transact business. A special partner may from time to time examine into the condition and progress of the partnership concerns, and may advise as to their management, but shall not engage in nor transact any ordinary business of the partnership. If he shall interfere contrary to this provision, he shall be deemed in law a general partner, and accountable as such. [C. L. § 2489. Cal. Civ. C. 2490. 1704. General partners to account. The general partners shall be liable to account to each other, and to the special partners for their management of the business, as other partners are now liable by law. [C. L. § 2490. Cal. Civ. C. 2 2501*. 1705. Special partner becomes general by unlawful act. Every special partner who shall violate any provision of section seventeen hundred and three, or who shall concur or assist in any such violation by the partnership, or by any individual partner, shall be liable as a general partner. [C. L. § 2491. 1706. Special partner not a creditor. In case of the insolvency or bankruptcy of the partnership, no special partner shall, under any circumstances, be allowed to claim as a creditor, until the claims of all the creditors of the partnership shall be satisfied. [C. L. § 2492. 1707. Dissolution. No dissolution, unless by the consent of creditors of such partnership, by the acts of the parties, shall take place previous to the time specified in the certificate of its formation or in the certificate of its renewal, until a notice of such dissolution shall have been filed and recorded in the office of the recorder of the county in which the original certificate was recorded, and published once in each week, for four consecutive weeks in a newspaper printed in each of the counties, if there be one, where the partnership may have places of business. [C. L. § 2493. TITLE 50. PAWNBROKERS AND SECOND-HAND DEALERS. 1708. Pawnbrokers and second-hand dealers to keep a record. Pawnbrokers and dealers in second-hand goods are required to keep records containing a description of all articles received by them, the amounts paid therefor or advanced thereon, a general description of the person from whom received, together with his name and address and the date of the transaction. These records shall at all reasonable times be accessible to any peace officer who demands an inspection thereof, and any further information regarding such transaction that he may require shall be given by the pawnbroker or dealer to the best of his ability. ['97, p. 32. Cities may license, tax, and regulate, ?206, sub. 38. 1709. Right to redeem forfeited articles. In all cases in which articles pledged have been forfeited, no sale or other disposition thereof by the pledgee shall be made within the period of three months after such forfeiture, during which time the pledgor shall have the first right to redeem such articles at no greater advance than ten per cent upon the amount due when the forfeiture occurred. ['97, pp. 32-3. 1710. Penalty. A violation of any of the provisions of this title shall be a misdemeanor. ['97, p. 33. TITLE 51. PHARMACY. 1711. Pharmacist must be registered. It shall not be lawful for any person other than a registered pharmacist to compound or dispense drugs, medicines, or poisons, or to open or conduct any pharmacy for compounding or dispensing drugs, medicines, or poisons, unless such person shall be, or shall employ and place in charge of his pharmacy or store, a registered pharmacist within the meaning of this title, except as hereinafter provided. ['92, p. 34. 1712. Registered pharmacists. Graduates in pharmacy who have obtained diplomas from such colleges or schools of pharmacy as shall be approved by the state board of pharmacy, and who, previous to obtaining said diplomas, have had three years' practical experience in a drug store where physicians' prescriptions are compounded and dispensed, may, on payment of a fee hereinafter provided, be made registered pharmacists. ['92, p. 34. 1713. Licentiates in pharmacy. Licentiates in pharmacy shall be such persons as have had four years' practical experience in drug stores wherein prescriptions of medical practioners are compounded, and are not less than eighteen years of age, and have sustained a satisfactory examination before the state board of pharmacy. Candidates possessing such qualifications shall be granted a certificate upon the payment of a fee hereinafter named. ['92, p. 34. 1714. Assistant's certificate. It shall be the duty of the board of pharmacy to grant an assistant's certificate to such persons as have had two years' practical experience in drug stores where prescriptions of medical practitioners are compounded, and have passed a satisfactory examination before said board of pharmacy. The holder of said certificate shall have the right to act as clerk or salesman during the temporary absence of the owner or manager thereof. [92, pp. 34-5. 1715. Board may refuse registration. The board shall have the right to refuse registration to applicants whose examination or credentials do not present satisfactory evidence of their competency. This provision shall also apply to the registration of assistant pharmacists hereinafter mentioned. ['92, p. 34. 1716. State board of pharmacy. Appointment. Terms. The state board of pharmacy shall consist of five competent pharmacists, each of whom at the date of his appointment shall have had five years' experience as a dispensing pharmacist, and not more than two of whom shall be selected from any one city or town of the state. During the month of January of each year, the governor shall nominate and by and with the consent of the senate appoint one person as a member of said board, and the person so appointed shall hold office for five years and until the appointment of his successor. The governor shall fill all vacancies by appointment. The members of the board now serving shall hold office until January of the year in which their term of office under their present appointment shall expire, and until the appointment of their respective successors. ['92, p. 35*. 1717. Id. Officers. During the month of February of even numbered years, the board shall meet and organize by electing a president and a secretary from among its members, whose terms of office shall be for two years and until the election of their successors. ['92, p. 35*. 1718. Id. Duties. It shall be the duty of the board to examine all applications for registration submitted in proper form; to grant certificates of registration to such persons as may be entitled to the same under the provisions of this title; to cause the prosecution of all persons violating its provisions; to report biennially to the governor the condition of pharmacy in this state. Said Ansended 1719. Fees of applicants. Every person applying for registration as Chapt 33. pay to the secretary of the board the sum of three dollars, and every applicant registered licentiate or assistant pharmacist, shall, before a certificate be granted, 1899 Amended chapt 33. 1899. for registration by examination shall pay the sum of five dollars; provided, that in case of the failure of any applicant to pass a satisfactory examination, his money shall be refunded. ['92, p. 35. 1720. Renewal of registration. Every registered pharmacist who desires to continue the practice of his profession, shall biennially thereafter, during the time he shall continue in such practice, on such date as the board of pharmacy may determine, and of which date he shall have thirty days' notice by the board, pay to the secretary of the board a registration fee, to be fixed by the board, in no case to exceed two dollars, for which he shall receive a renewal of said registration. The failure of any registered pharmacist to pay said fee at the time fixed shall not deprive him of his right to renewal subsequently by payment thereof; nor shall his retirement from the profession deprive him of his right to renew his registration, should he at any time thereafter wish to resume the practice, and make payment of said fee. Registered assistants upon receiving notice as aforesaid, shall, if they desire to renew their registration, pay to the secretary of the board a biennial fee of one dollar. Every certificate of registration granted under this title shall be conspicuously exposed in the pharmacy in which the pharmacist is employed. ['92, pp. 35-6. 1721. Compensation of members of board. The secretary of the board of pharmacy shall receive a salary, which shall be determined by the board. He shall also receive his traveling and other expenses incurred in the performance of his official duty. The other members of the board shall receive the sum of five dollars for each day actually engaged in such service and all legitimate and necessary expenses incurred in attending the meetings of the board; provided. that no part of the salaries or expenses of the board shall be paid out of the state treasury. All money received in excess of these expenditures shall be held by the secretary of the board as a special fund for meeting future expenses of the board, said secretary giving such bonds as the board shall from time to time direct. [92, p. 36. 1722. Acting without registration. Penalties. Any person who is not a registered pharmacist nor licentiate in pharmacy, duly authorized under this title to do business on his own account, who shall keep a pharmacy, store. or shop for the dispensing and compounding of physicians' prescriptions, and shall not have in his employment in said pharmacy, store, or shop, a registered pharmacist, or licentiate in pharmacy, authorized by the state board to manage a pharmacy, shall for each and every offense be liable to a fine not exceeding two hundred and fifty dollars. ['92, p. 36. 1723. Using title unlawfully. Penalty. Any person not registered under this title who shall take, use, or exhibit the title of registered pharmacist. or licentiate in pharmacy, shall be liable to a fine of one hundred dollars for each |