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either before his majority or within a reasonable time afterwards; or, in case of his death within that period, [2] by his heirs or personal representatives; 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. (Amended, Code Amdts. 1873–74, p. 183.]

Note.—The Civil Code was enacted as a whole March 21, 1872. Sections which have been enacted or amended since that time are followed by date of enactment or amendment. Can not disaffirm contract for necessaries.

$ 36. A minor can not 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. [Amended, Code Aidts. 1873-74, p. 183.) Nor certain obligations.

$ 37. A minor can not disaffirm an obligation, otherwise valid, e11tered into by him under the express authority or direction of a siatute. Minors liable for wrongs.

$ 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. Minors may enforce their rights.

§ 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.


General personal rights.

$ 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 [1] from bodily restraint or harm, [2] from personal insult, [3] from defamation, and [4] from injury to his personal relations. Defamation.

§ 44. Defamation is effected by:
1. Libel;
2. Slander.


$ 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. Slander.

8 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 profit;

4. Imputes to him impotence or a want of chastity; or,

5. Which, by natural consequence, causes actual damage. Privileged publication, is what.

§ 47. A privileged publication is one made-
1. In the proper discharge of an official duty.

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, [1] by one who is also interested, or [2] 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 [3] 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. (Amended, Statutes 1895, p. 167.] Malice not inferred.

$ 48. In the cases provided for in subdivisions three, four, and five, of the preceding section, malice is not inferred from the communication or publication. [Amended, Statutes 1895. p. 167.]

Protection of personal relations.

§ 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. (Amended, Statutes 1905, p. 68.] Right to use force.

$ 50. Any necessary force may be used to protect from wrongful injury the person or property of one's self, or of a wife, husband, child, parent, or other relative, or member of one's family, or of a ward, servant, master or guest. [Amended, Code Amdts. 1873–74,

p. 184.]

In places of public accommodation or amusement.

$ 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, barber-shops, bath-houses, theaters, skating-rinks, and all other places of public accommodation or amusement, subject only to the conditions and limitations established by law and applicable alike to all citizens. [Enacted, Statutes 1905, p. 553.] Damages recoverable.

$ 52. Whoever violates any of the provisions of the last preceding section (1) by denying to any citizen, except for reasons applicable alike to every race or color, the full accommodations, advantages, facilities, and privileges in said section enumerated, or [2] by aiding or inciting such denial, or whoever [3] makes any discrimination, distinction, or restriction on account of color or race, or except for good cause, applicable alike to all citizens of every color or race wliatever, in respect to the admission of any citizen to, or his treatment in, any inn, hotel, restaurant, eating-house, barber-shop, bath-house, theater, skating-rink, 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 fifty dollars, which may be recovered in an action at law brought for that purpose. [Enacted, Statutes 1905, p. 553.] Wrongful refusal to admit person to places of public amusement. § 53. It is unlawful for any corp

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 for 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. [Enacted, Statutes 1905, p. 554.] Violation of preceding provisions.

$ 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. [Enacted, Statutes 1905, p. 554.]

MARRIAGE. What constitutes marriage.

$ 55. Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making the contract is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization authorized by this code. [Amended, Statutes 1895, p. 121.] Minors capable of contracting marriage.

$ 56. An unmarried male of the age of eighteen years or upwards, and any unmarried female of the age of fifteen years or upwards, and not otherwise disqualified, are capable of consenting to and consummating marriage. Marriage, how manifested and proved.

$ 57. Consent to marriage and solemnization thereof may be proved under the same general rules of evidence as facts are proved in other cases. [Amended, Statutes 1895, p. 121.]

$ 58. Repealed. Incompetency of parties to.

§ 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. Marriages illegal.

$ 60. All marriages of white persons with negroes, Mongolians, or mulattoes are illegal and void. [Enacted, Satutes 1905, p. 554.]

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Subsequent marriage.

$ 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. 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 [1] absent, and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or [2] 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. [Amended, Statutes 1903, p. 176.] Release from marriage contract.

$ 62. Neither party to a contract to marry is bound by a promise made in ignorance of the other's want of personal chastity, and either is released therefrom by unchaste conduct on the part of the other, unless both parties participate therein. [Amended, Code Amdts. 1873–74, p. 185.] Marriages contracted without the state.

$ 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.


8 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. [Amended, Statutes 1905, p. 554.] Marriage licenses.

§ 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:

1. The identity of the parties.
2. Their real and full names, and places of residence.
3. Their ages; and
4. Whether white, Mongolian, negro or mulatto.

No license must be granted when either of the parties, applicants therefor, is an imbecile, or insane, or who at the time of making the application, or proofs herein required, for said license, is under the influence of any

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