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sentatives; and if the contract be made by the minor whilst he is over the age of eighteen, it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received, or paying its equivalent. 1873—183.
36. A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them. 1873—183.
37. A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute.
38. A person entirely without understanding has no power to make a contract of any kind, but he is liable for the reasonable value of things furnished to him necessary for his support or the support of his family. 1873–183
39. A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determined, is subject to rescission, as provided in the chapter on rescission of this code. 1873—184.
40. After his incapacity has been judicially determined, a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right, until his restoration to capacity. But a certificate from the medical superintendent or resident physician of the insane asylum to which such person may have been committed, showing that such person has been discharged therefrom, cured and restored to reason, shall establish the presumption of legal capacity in such person from time of such discharge. 1877—75.
41. A minor, or person of unsound' mind, of whatever degree, is civilly liable for a wrong done by him, but is not liable in exemplary damages unless at the time of the act he was capable of knowing that it was wrongful.
42. A minor may enforce his rights by civil action, or other legal proceedings, in the same manner as a person of full age, except that a guardian must conduct the same.
PERSONAL RIGHTS Section
Section 43. General personal rights. 50. Right to use force. 44. Defamation, what.
51. Personal rights. 45. Libel, what.
52. Same, violation. 46. Slander, what.
53. Amusements, admittance. 47. Privileged communications. 54. Amusements, denial ad48. Malice not inferred.
mittance. 49. Personal relations.
43. Besides the personal rights mentioned or recognized in the Political Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation and from injury to his personal relations. 44. Defamation is affected by: 1. Libel;
45. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.
46. Slander is a false and unprivileged publication other than libel, which:
1. Charges any person with crime, or with having been indicted, convicted, or punished for crime;
2. Imputes in him the present existence of an infectious, contagious, or loathsome disease.
3. Tends directly to injure him in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or,
2. In any legislative or judicial proceeding, or in any other official proceeding authorized by law.
3. In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information.
4. By a fair and true report, without malice, in a public journal, of a judicial, legislative, or other public official proceeding, or of anything said in the course thereof, or of a verified charge or complaint made by any person to a public official, upon which complaint a warrant shall have been issued.
5. By a fair and true report, without malice, of the proceedings of a public meeting, if such meeting was lawfully convened for a lawful purpose and open to the public, or the publication of the matter complained of was for the public benefit. 1895—167.
48. In the cases provided for in subdivisions three, four, and five, of the preceeding section, malice is not inferred from the communication or publication. 1895—167.
49. The rights of personal relations forbid:
1. The abduction of a husband from his wife, or of a parent from his child.
2. The abduction or enticement of a wife from her husband, or a child from a parent, or from a guardian entitled to its custody.
3. The seduction of a wife, daughter, orphan sister, or servant.
4. Any injury to a servant which affects his ability to serve his master. 1905—68.
50. Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest. 1873--184.
51. All citizens within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities, and privileges of inns, restaurants, hotels, eating houses, places where ice cream or soft drinks of any kind are sold for consumption o n the premises, barber shops, bath houses, theaters, skating rinks, public conveyances and all other places of a public accommodation or amusement, subject only to the conditions and limitations established by law, and applicable alike to all citizens. 1923.
52. Whoever denies to any citizen, except for reasons applicable alike to every race or color, the full accommodations, advantages, facilities, and privileges enumerated in section fifty-one of this code, or who aids, or incites, such denial, or whoever makes any discrimination, distinction or restriction on account of color or race, or except for good cause, applicable alike to citizens of every color or race whatsoever, in respect to the admission of any citizen to, or his treatment in, any inn, hotel, restaurant, eating house, place where ice cream or soft drinks of any kind are sold for consumption on the premises, barber shop, bath house, theater, skating rink, public conveyance, or other public place of amusement or accommodation, whether such place is licensed or not, or whoever aids or incites such discrimination, distinction or restriction, for each and every such offense is liable in damages in an amount not less than one hundred dollars, which may be recovered in an action at law brought for that purpose. 1923.
53. It is unlawful for any corporation, person or association, or the proprietor, lessee, or the agents of either, of any opera house, theater, melodeon, museum, circus, caravan, race-course, fair or other place of public amusement or entertainment, to refuse admittance to any person over the age of twenty-one years, who presents a ticket of admission acquired by purchase, or who tenders the price thereof for such ticket, and who demands admission to such place. Any person under the influence of liquor, or who is guilty of boisterous conduct, or any person of lewd or immoral character, may be excluded from any such place of amusement. 1905--554.
54. Any person who is refused admission to any place of amusement contrary to the provisions of the last preceding section, is entitled to recover from the proprietor, lessee, or their agents, or from any such person, corporation or association, or the directors thereof, his actual damages, and one hundred dollars in addition thereto. 1905–554.
TITLE I. MARRIAGE.
II. PARENT AND CHILD.
The Contract of Marriage.
II. Authentication of Marriage.
Validity of Marriage. Section
Section 55. What constitutes marriage. 60. Whites, Negroes, Mongol56. Minors.
ians,-illegal. 57. How manifested and proved. 61. Illegal and void marriages. 59. Incompetency of parties.
62. Release, generally.
55. Marriage is a personal relation arising out of a civil contract, to which consent of parties capable of making that contract is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization authorized by this code. 1895-121.
56. Any unmarried male of the age of twenty-one years or upwards and any unmarried female of the age of eighteen years or upwards, and not otherwise disqualified, is capable of consenting to and consummating marriage; provided, that any male under the age of twenty-one years and over the age of eighteen years and any female under the age of eighteen years and over the age of sixteen years, with the consent in writing of the parents of the person under age, or one such parents, or of his or her guardian, where such written consent is filed by the clerk issuing the marriage license, as provided in section sixty-nine of the Civil Code, is capable of consenting to and consummating marriage. 1921--333.
er age, or one of 57. Consent to marriage and solemnization thereof may be proved under the same general rules of evidence as facts are proved in other cases. 1895—121.
59. Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.
60. All marriages of white persons with negroes, Mongolians, or mulattoes are illegal and void. 19054-554.
61. A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife is illegal and void from the beginning, unless:
1. The former marriage has been annulled or dissolved. In no case can a marriage of either of the parties during the life of the other, be valid in this state, if contracted within one year after the entry of an interlocutory decree in a proceeding for divorce.
2. Unless such former husband or wife is absent and not known to such person to be living for the space of five successive years immediately preceeding such subsequent marriage, or is generally reputed or believed by such person to be dead at the time such subsequent marriage was contracted. In either of which cases, the subsequent marriage is valid until its nullity is adjudged by a competent tribunal. 1903—176.
62. Neither party to a contract to marry is bound by a promise made in ignorance of the other's wants of personal chastity, and either is released therefrom by unchaste conduct on the part of the other unless both parties participate therein. 1873—185.
63. All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, are valid in this state.
Authentication of Marriage. Section
Section 68. Marriages, procedure.
76. Declaration where no record 69. Marriage licenses.
77. Acknowledged and recorded 69a. Marriage certificate.
78. Actions to determine valid70. Who may solemnize.
ity. 71. Particular form not neces 79. Without license. -Clergysary.
man's certificate; license. 72. Requirements, solemnizing, 79a. Religious denomination 73. Marriage certificates.
exempted. 74. Recorder's certificate to
68. Marriage must be licensed, solemnized, authenticated, and recorded as provided in this article; but non-compliance with its provisions by others than a party to a marriage does not invalidate it. 1905–554.
69. All persons about to be joined in marriage must first obtain a license therefor, from the county clerk of the county in which the marriage is to be celebrated, which license must show: