The law is one well calculated to advance the interests of a commercial, mining, mechanical, and manufacturing country. It enables the business man without capital to obtain it, for a portion of the profits of his business, from one who will risk it, and nothing more. Young merchants can more readily obtain the use of the capital of those who have retired from business; and bankers and others can with safety to themselves, carry on and do business without running the risk of being bankrupts. The capital they put into the firm is the extent of their risk. The persons having the control risk everything, which is calculated to make them more careful and active in working for and managing the affairs of the firm. There is nothing in the law for preventing the special partner from giving advice and interfering in and about the affairs of the firm through the general partners; the only prohibition is, that their names are not to be used, and are not to contract for the firm. The special partner may, by the contract, control and limit the action. of the general partners, and such provisions of the contract will be binding and obligatory on them; if violated, the contract may provide for the dissolution of the partnership, or it may be done by the court, or the special partner may have damages for the breach of contract, as in other cases. CHAPTER XIII. CONCLUSION. IN considering the laws of California, it will be perceived that all persons in this state enjoy the right of personal security and personal liberty, and the right to acquire and enjoy property, his natural or absolute rights, as perfectly as in any country. His other rights, such as are conferred upon him by our government, and arise from his relations to the people of the community of which he is a member, are equally well protected. These rights are protected by the laws in force in this state, either by preventing their violation, or, after it has been done, by inflicting punishment upon him who did it, or requiring reparation from him, or both, as the circumstances of the case merit. Where injuries to the rights of property are threatened, then it is to be restrained by the injunction of one of our courts. Where threatened to the security or liberty of the person, then by imprisonment or other restraint placed upon him from whom it is apprehended. In addition to what the governments do to prevent the violation of the rights to personal liberty and security, and the right to enjoy property in possession, the person whose rights are assailed may use force equal to the necessity, to prevent their violation; and those connected with him, as master and servant, parent and child, and husband and wife, may assist in doing it by the use of force if necessary.(a) If the violation of the rights to property occurs, the person guilty is liable to be punished, or reparation required, or both, as the nature and character of the injury demands. So, too, in reference to the violation. of the rights to security of person, the nature and character of the injury will fix and determine the punishment to be (a) 3 Black. Com. 3, 4. inflicted, reparation to be made, or both; but where the injury is to the liberty of the person, which is a continued injury as long as the restraint or imprisonment lasts, the law removes the restraint or imprisonment by the operation of the writ of habeas corpus, and inflicts punishment or requires reparation to be made to the injured party, as the nature and extent of the injury demands. The violation of rights may amount to individual injuries or wrongs only, or to individual and public wrongs; in all public wrongs, individual wrongs are included. Public wrongs are either felonies or misdemeanors. Persons who are fourteen years of age, not idiots, lunatics, or affected with insanity, are capable of committing a felony or misdemeanor, and those guilty of felonies are punishable with death, or by imprisonment in the state prison, according to the turpitude of the act. Persons guilty of misdemeanors, are punished with imprisonment, fine, removal from office, if he have one, and disqualification to hold office under the state; any or all of these may be inflicted.(a) The object of punishment, is to prevent the commission of crime, or the violation of public and private right. The government has the right to require every person to respect the rights of her citizens, and to conform to her laws. To compel obedience, punishments are denounced against those who violate the law. Persons are not deterred from the commission of crimes so much from the severity of the punishment, as the certainty that it will overtake them speedily. The criminal code of this state, in respect to the degree of punishment inflicted upon offenders, seems sufficiently severe, and the discretion given the juries trying offenders, in applying the degree of punishment in certain cases, secures the merciful execution of the law. (b) The rapidity with which an offender is brought to trial, tried, and punished, operates to prevent the commission of crime, more than any other feature of the code, and is a distinguishing characteristic, from that of the criminal code of any other state. (a) 1 California Statutes, 229. (6) 2 California Statutes, 406. INDEX. A ACCIDENT, ground for new trial, 25. ACCOUNT, pleading in reference to, 82. executor may compel by citation, 52. from what time statute runs against, 195. of execution, 62, 63, 64. when execution fails to render, citation to issue against him, 62. adjustment of, by public administrator, 71, 72. when copy of may be used as answer, 80. ACTION, where plaintiff pleads a private statute, 13. several causes of, may be included in complaint, 13, 14. commencement of, 13. when prosecuted by corporation who to verify complaint, 13. for the recovery of real property, what complaint must state, 13. on judgments, what complaint must state, 13. in all actions on contracts, 13. but one form of civil, 11. by whom prosecuted, 11. when it may be brought by one, for the benefit of several, 11. when representative may prosecute, 11, 12. before justice, when transferred to another justice, 83. when adjourned by justice, 83. when adjourned by the parties, 83, 84. joinder of, 91, 92, 93. in what, there can be no set-off, 96. by whom prosecuted, 75. who to be joined as plaintiffs, 75. who to be made defendant, 75, 76. to recover specific personal property, 100, 101. ADDRESS, to jury, 85, 86. ADJOURNMENT, may be made during the retirement of jury, 21. |