Ch. 31. No. 2.| Partnership.

as partners, to have the property of the partnership applied
In payment of the debts and liabilities of the firm; and to
have surplus assets after such payment applied in payment
of what may be due to the partners respectively after
deducting what may be due from them as partners to the
firm, and for that purpose any partner or his representa-
tives may, on the termination of the partnership, apply to
the Court to wind up the business and affairs of the firm,

sete. 42. Where one partner has paid a premium to another on
mium where entering into a partnership fora fixed term and the partner-

partnership Ship is dissolved before the expiration of that term otherwise

prematurely
dissalved,

than by the death of a partner, the Court may order the
repayment of the premium, or of such part thereof as it
thinks just, having regard to the terms of the partnership
contract and to the length of time during which the part ner-
ship has continued, unle.

(a) the dissolution is, in the judgment of the Court,
wholly or chiefly due to the misconduct of the partner
who paid the premium, or

(0) the partnership has been dissolved by an agree-
ment containing no provision for a return of any part
of the premium,

43. Where partnership contract is) rescinded on) the
ground of the fraud or misrepresentation of one of the parties
thereto, the party entitled to rescind is, without: prejudice
to any other right, entitled

(a) to a henoon, or right of retention of, the surplus
of the partnership assets, after catisfving the partner-
ship habilitie, for any sum of money paid by him for
the purchase of a share in the pi artnership and for any

capital contributed by him and is

(/) to stand in the place of the creditors of the firm
lor any payments made by hint in respect) of the
parthership Habilitie, and

(c) to be indemnified by the person guilty of the
rand or making the representation against all the
debts and habilities of the firm,

44. (1) Where anv member of a firm has died or ot herwise
ceased to be partner, and the surviving or continuing

ed partners carry on the business of the firm with its capital