Twenty-fifth-Chartering or licensing ferries, bridges, or roads. Twenty-seventh-Providing for the management of common schools. Twenty-eighth-Creating offices, or prescribing the powers and duties of officers in counties, cities, cities and counties, township, election or school districts. Twenty-ninth-Affecting the fees or salary of any officer. Thirty-first-Authorizing the adoption or legitimation of children. Thirty-third-In all other cases where a general law can be made appli cable. ARTICLE XX. SEC. 7. No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect. SEC. 8. All property, real and personal, owned by either husband or wife, before marriage, and that acquired by either of them afterwards by gift, devise, or descent, shall be their separate property. SEC. 18. No person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation, or profession. Minors, who are. $ 25. Minors are: CIVIL CODE. PERSONS. 1. Males under twenty-one years of age; 2. Females under eighteen years of age. Periods of minority, how calculated. § 26. The periods specified in the preceding section must be calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minority. Adults, who are. § 27. All other persons are adults. Unborn child. § 29. A child conceived, but not yet born, is to be deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth. Custody of minors. § 32. The custody of minors and persons of unsound mind is regulated by Part III of this division (i. e. § 55–276). Minors can not give a delegation of power. § 33. A minor can not [1] give a delegation of power, nor under the age of eighteen, [2] make a contract relating to [a] real property, or [b] any interest therein, or [c] relating to any personal property not in his immediate possession or control. [Amended March 30, 1874.] Contracts by minors made; disaffirmance. § 34. A minor may make any other contract than as above specified, in the same manner as an adult, subject only [1] to his power of disaffirmance under the provisions of this title, and subject [2] to the provisions of the titles on [a] marriage, and on [b] master and servant. [Amended March 30, 1874.] When minors may disaffirm. § 35. In all cases other than those specified in sections thirty-six and thirty-seven, the contract of a minor, if made whilst he is under the age of eighteen, may be disaffirmed [1] by the minor himself, 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, Sections NOTE. The Civil Code was enacted as a whole March 21, 1872. which have been enacted or amended since that time are followed by date of enactment or amendment. it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received, or paying its equivalent. [Amended March 30, 1874.] 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 March 30, 1874.] Nor certain obligations. $ 37. A minor can not disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute. 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. PERSONAL RIGHTS. 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. 845. 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. $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 March 26, 1895.] 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 March 26, 1895.] 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 March 7, 1905.] 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 March 30, 1874.] 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 March 21, 1905.] 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 whatever, 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 March 21, 1905.] Wrongful refusal to admit person to places of public amusement. § 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 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 March 21, 1905.] 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 March 21, 1905.] $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 March 26, 1895.] |