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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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"Debts" — Wli.it ;ir.-. — Se.. K.Tr's (-xc < '. «". §1''^ .in.l n.'t.-
par. 2.

93



§§ 171, 172 CIVIL CODE. [Div.I.Pt.III.

§ 171. WIFE'S PROPERTY NOT LIABLE FOR DEBTS OF
THE HUSBAND, BUT LIABLE FOR HER OWIV DEBTS. The

separate property of the wife is liable for her own debts con-
tracted before or after her marriage, but is not liable for heu
husband's debts; provided, that such property is liable for
the payment of debts contracted by the husband or wife for
the necessaries of life furnished to them or either of them
while they are living together. Provided, that the provisions
of this act shall not apply to the separate property of the wife
held by her at the time of her marriage or acquired by her
by devise or succession after marriage.

History: Enacted March 21, 1872; amended March 18, 1905,
Stats, and Amdts. 1905, p. 206.

See Kerr's Cyc. C. C. for 18 pars, annotation.

53 C. 456, 460, 461 (applied); 54 C. 178 (construed and held in-
applicable); 121 C. 16, 25, 53 P. 416 (referred to and "debts"
construed); 3 C. A. 651, 656, 86 P. 978, 979 (cited, wife's sepa-
rate property is not subject to attachment for husband's
debts); 111 F. 134, 135 (cited).

As to duty of depositary to give notice of adverse proceed-
ings, see 'Kerr's Cyc. C. C. §§ 1822, 1825 and notes.

As to liability of wife's separate property in equity under
Act 1850, see Kerr's Cyc. C. C. § 158 and note.

As to liability when wife's separate property is put into
business of husband and wife, see Kerr's Cyc. C. C. § 158 and
note.

As to rents, issues, profits, etc., of separate property, see
Kerr's Cyc. C. C. § 162 and note par. 9.

"Debts" — What are. — See Kerr's Cyc. C. C. § 168 and note
par. 2.

§ 172. MANAGEMENT, CONTROL, AND DISPOSITION OF
COMMUNITY PROPERTY. The husband has the manage-
ment and control of the community property, with the like
absolute power of disposition, other than testamentary, as he
has of his separate estate; provided, however, that he cannot
make a gift of such community property, or convey the same
without a -valuable consideration, unless the wife, in writing,
consent thereto; and provided also, that no sale, conveyance
or encumbrance of the furniture, furnishings and fittings of

94



1



1



Tit.T,ch.III.] MANAGEMENT, ETC. § 172

the home, or of the clothing and wearing apparel of the wife
or minor children, which is community property shall be made
without the written consent of the wife.

History: Enacted March 21, 1872; amended March 31, 1891,
Stats, and Amdts. 1891, p. 425; March 23, 1901, Stats, and Amdts.
1900-1, p. 598.

See Kerr's Cyc. C. C. for 85 pars, annotation.

58 C. 115, 119, 120 (construed and applied); 70 C. 282, 285,
11 P. 119, 720, 721 (erroneously cited for § 171); 70 C. 242, 245,
11 P. 648 (construed and applied); 71 C. 418, 422, 12 P. 347, 348
(erroneously cited as §170); 81 C. 240, 242, 22 P. 655 (construed
and applied); 85 C. 280, 283, 24 P. 743, 744 (applied); 25 P. 415,
416, 417 (construed and applied); 87 C. 464, 468, 25 P. 681, 11
L. 252 (referred to in discussion); 112 C. 387, 397, 44 P. 734
(construed and applied): 116 C. 339, 340, 342, 344, 345, 350, 58
A. S. 170, 48 P. 228, 36 L. 497 (construed and applied): 135 C.
121, 125, 67 P. 20 (referred to in discussion); 137 C. 354, 356
(erroneously cited for §14), 70 P. 459 (correct citation): 139
C. 559, 563, 73 P. 433 (construed); 142 C. 519, 522, 77 P. 1106
(construed); 145 C. 596, 599, 79 P. 272, 273 (purpose of section
stated); 3 C. A. 651. 655, 86 P. 978 (applied); 6 C. A. 404, 405, 92
P. 310 (effect of amendment to section).

As to community property generally, see note § 164, ante.

As to community property given to wife becoming her sepa-
rate property, see Kerr's Cyc. C. C. § 164 and note par. 156.

As to competency of wife as witness in an action by husband
to recover for her services, see Kerr's Cyc. C. C. P. § 1880 and
note.

As to disposition of community property upon divorce, see
Kerr's Cyc. C. C. §§146-148 and notes.

As to division of community property by contract of sepa-
ration, see Kerr's Cyc. C. C. § 159 and note.

As to nature of wife's interest, see Kerr's Cyc. C. C. § 172.
notes- 13-24.

As to presentation of claims against decedent, see Kerr's
Cyc. C. C. P. §§ 1490 et seq. and notes.

As to presumption that land conveyed to spouse during
coverture is community property, see Kerr's Cyc. C. C. § 164
pars. 46-66.

As to proper party plaintiff in action involving commiinitj-
property, see Kerr's Cyc. C. C. P. § 370 and note.

As to wife's earnings being community property, see Kerr's
Cyc. C. C. § 164 and note pars. 162-164.

Contract between husband and wife concerning. — See Kerr's
Cyc. C. C. §159 and note pars. 15-22.

95



§§ 173-175 CIVIL CODE. [Div.I.Pt.III.

Descent and distribution of community property. — See Kerr's
Cyc. C. C. §§ 1401, 1402 and notes.

Divorce — Disposition of community property upon. — See Kerr's
Cyc. C. C. §§ 146-148 and notes.

Sole trader — Wife as, may invest community property in
business. — See Kerr's Cyc. C. C. P. § 1814 and note.

Wife has not management and control. — See Kerr's Cyc. C. C.
§ 172, note pars. 25-38.

§ 173. I'OIRTEST A>D DO AVER NOT ALLOWED. No

estate is allowed the husband as tenant by courtesy upon the

death of his wife, nor is any estate in dower allotted to the
wife upon the death of her husband.

Hi-story: Enacted March 21, 1872. The Act of April 17, 1850,
§ 10 (Stats. 1850, ch. 103, p. 254), contained the same provision. —
See 6 C. 252, 756, 63 A. D. 125; 1 C. 488, 513.

See Kerr's Cyc. C. C. for 5 pars, annotation.

74 C. 98, 103, 15 P. 445, 447 (referred to).

As to cominunity property generally, see note § 164, ante.

§ 174. SUPPORT OF WIFE. If the husband neglect to
make adequate provision for the support of his wife, except
in the cases mentioned in the next section, any other person
may, in good faith, supply her with articles necessary for her
support, and recover the reasonable value thereof from the
husband.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 193.

See Kerr's Cyc. C. C. for 15 pars, annotation.

69 C. 521, 522, 523, 11 P. 29, 30 (construed and applied); 100
C. 345, 346, 34 P. 825 (construed and applied); 129 C. 17, 20, 61
P. 476 (construed and applied); 129 C. 20, 23, 61 P. 477 (con-
strued and applied); 2 C. A. 120, 121, 122, 83 P. 85 (necessaries
furnished to wife); 2 C. A. 684, 686, 84 P. 260, 261 (goods not
necessaries when).

As to community property generally, see note § 164, ante.

As to estoppel by judgment, see Kerr's Cyc. C. C. P. §§ 1908-
1915 and notes.

As to agency of wife to purchase necessaries, see Kerr's Cyc.
C. C. § 158 and note pars. 91-93.

§ 175. SAME— AVHEX SEPARATE FROM HUSBAND. A

husband abandoned by his wife is not liable for her support

96



Tit.I,ch.III.] INTER-IilGHTS OF SPOUSES. §§ 176-178

until she offers to return, unless she was justified, by his mis-
conduct, in abandoning him; nor is he liable for her support
when she is living separate from him, by agreement, unless
such support is stipulated in the agreement.

Histor}-: Enacted March 21, 1S72; amended March 30, 1S74,
Code Amdts. 1873-4, p. 193.

See Kerr's Cyc. C. C. for 4 pars, annotation.

54 C. 396, 397 (construed and applied); 2 C. A. 509, 512, S3
P. 257, 258 (construed with other sections); 2 C. A. 684, 686, 84
P. 260 (necessaries, what are not).

As to community property generally, see note § 164, ante.

§ 176. WIFE TO SUPPORT HUSBAND, >VHE\. The wife
must support the husband, when he has not deserted her,
out of her separate propertj', when he has no separate prop-
erty, and there is no community property, and he is unable,
from infirmity, to support himself.

Hifitury: Enacted March 21, 1872; amended Marcli 30, 1874,
Code Amdts. 1873-4, p. 194.

See Kerr's Cyc. C. C. for 5 pars, annotation.

117 C. 633, 634, 635, 636. 49 P. 836, 38 L. 175 (construed and
applied); 51 P. 859; 150 C. 667. 671, 89 P. 1083, 1084 (construed
with § 206, as to equitable action).

As to community property, etc., generally, see note § 164,
ante.

As to obligation of husband to support wife, see Kerr's Cyc.
C. C. § 155 and note.

S 177. KKJHTS iiV IIISHAM) AND WIFE «OVEK>KD

KY \\ HAT. The property rights of husband and wife are gov-
oriuMl hy this chai)ter, unless there is a marriage settlement
rf)ntaiiiing stipulations contrary thereto.

HiMtory: Enacted March 21. 1872.

ST CJ. (;43, 647, 25 V. 922. 923 (referred to in discu.-.-.u^ . ...u^,.;
of "marriage contracts" to "marriage settlements").

S I7S. MAKHIAGE SETTLE.MENT CONTK.CCTS. MOW

EXKCIITED. All contracts for marriage settlements must be
in writing, and executed and acknowledged or proved in like
Kerr's C. C— 4 97



§§ 179-181 CIVIL CODE. [Div.I.Pt.III.

manner as a grant of land is required to be executed and
acknowledged or proved.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 39 pars, annotation.

75 C. 298, 300, 17 P. 213 (referred to); 87 C. 643, 647, 25 P. 922
(referred to).

As to community property, etc., see note § 164, ante.

As to gifts from husband to wife, see Kerr's Cyc. C. C. § 163
and note; and § 172 note par. 21.

As to intervention generally, see Kerr's Cyc. C. C. P. §§ 386,
387 and notes.

As to reasonableness of marriage settlements, see Kerr's Cyc.
C. C. § 178, note pars. 16-19 this note.

As to revocation of will by subsequent marriage unless mar-
riage contract is made, see Kerr's Cyc. C. C. § 1299 and note.

§ 179. TO BE ACKNOWLEDGED AND RECORDED. When
such contract is acknowledged or proved, it must be recorded
in the office of the recorder of every county in which any
real estate may be situated which is granted or affected by
such contract.

History: Enacted March 21, 1872.

87 C. 643, 647, 25 P. 922, 923 (referred to in discussing change
of "marriage contracts" to "marriage settlements").

§ 180. EFFECT OF RECORDING. The recording or non-
recording of such contract has a like effect as the recording
or non-recording of a grant of real property.

History: Enacted March 21, 1872.

87 C. 643, 647, 25 P. 922, 923 (referred to in discussing change
of "marriage contracts" to "marriage settlements").

§ 181. MINORS MAT MAKE MARRIAGE SETTLEMENTS.

A minor capable of contracting marriage may make a valid
marriage settlement.

History: Enacted March 21, 1872.

87 C. 643, 647, 25 P. 922, 923 (referred to in discussing change
of "marriage contracts" to "marriage settlements").

98



Tit.II.Ch.I.] CHILDREN BY BIRTH. §193

TITLE II.

PARENT AND CHILD.

Chapter I. Children by Birth, §§ 193-215.
IL By Adoption, §§ 221-230.



CHAPTER I.
CHILDREN BY BIRTH.

§ 193. Legitimacy of cliildren born in wedlock.

§ 194. Cliildren after dissolution of marriage.

§ 195. Who may dispute the legitimacy of a child.

§ 196. Obligation of parents for the support and education of
their children.

§ 197. Custody of legitimate child.

§ 198. Husband and wife living separate, neither to have
superior right to custody of children.

§ 199. When husband or wife may bring action for the exclu-
sive control of children — Decree in such cases.

§ 200. Custody of an illegitimate child.

§ 201. Allowance to parent.

§ 202. Parent cannot control the property of child.

§ 203. Remedy for parental abuse.

§ 204. When parental authority ceases.

§ 205. Remedy when a parent dies without providing for the
support of his child.

§206. Reciprocal duties of parents and children in maintaining
each other.

§ 207. When a parent is liable for necessaries supplied to a
child.

§ 208. When a parent is not liable for support furnished his
child.

S 209. Husband not bound for the support of his wife's children
by a former marriage.

§ 210. Compensation and support of adult cliild.

§ 211. Parent may relituiuish services and custody of cliild.

§ 212. Wages of minors.

S 213. Right of parent to determine the residence of cliild.

§ 214. Wife in certain cases may obtain custody of minor chil-
dren.

§ 215. When child becomes legitimate.

99



§ 193 CIVIL. CODE. [Div.I.Pt.III.

§ 193. LEGITIMACY OF CHILDREN BOKX IN WEDLOCK.

All children born in wedlock are presumed to be legitimate.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 26, 1901, Stats, and Amdts. 1900-1, p. 339, held
unconstitutional; see history, § 4 ante.

See Kerr's Cyc. C. C. for 2 pars, annotation.

75 e. 379, 381, 17 P. 434 (applied); 137 C. 298, 300, 70 P. 91, 92
A. S. 175 (referred to); 145 C. 713, 715, 79 P. 425, 426 (referred
to in connection with other sections).

Acknowledgment by father — ^Legitimizing- effect, — as to, see
Kerr's Cyc. C. C. § 230 and note; also § 1387 and note.

Adultery — Legitimacy of children, — as to, see Kerr's Cyc. C.
C. §§ 144, 145 and notes.

Born in wedlock, legitimacy of. — See 2 Chiirch's New Probate
Law and Practice, 1799.

"Children," as a word of purchase or of limitation. — See 5
Encyc. L. 1092, 1093; 30 Encyc. L. 754; 2 L. 457; 12 L. N. S. 283.

Descent on death of unmarried minors. — See 1 Church's New
Probate Law and Practice, 48.

Illegitimate child — Acknowledgment by the father — As to
effect of, see Kerr's Cyc. C. C. §§ 230, 1387 and notes.

Same=— Custody of, mother entitled to. — See Kerr's Cyc. C. C.
§ 200 and note.

Same — Earnings of — As to, see Kerr's Cyc. C. C. § 200 and
note.

Same— Heir of— As to, see Kerr's Cyc. C. C. §§ 1387, 1388 and
notes.

Marriage of parents — Effect on legitimacy of illegitimate
children — As to, see Kerr's Cyc. C. C. § 215 and note.

Nullified marriage — Effect on legitimacy of children, born or
conceived during status — As to, see Kerr's Cyc. C. C. § 84 and
note.

Posthumous children. — See 2 Church's New Probate Law and
Practice, 1800.

Presumption as to legitimacy of children. — See 1 Church's
New Probate Law and Practice, 56; 56 A. D. 210-223; 72 A. D.
649-654.

Same — R&butting — As to, see Kerr's Cyc. C. C. §§ 194, 195 and
notes.

Right of inheritance of. — See 1 Church's New Probate Law
and Practice, 46-48.

Stepchildren.— See 5 Ency. L. 1098, 1099.

Succession by children to community property. — See 2 Church's
New Probate Law and Practice, 1735; see note § 164 ante. '

100



II



Tit.II,ch.I.] DISPUTING LEGITIMACY. §§ 194, 195

§ 194. CHILDREN AFTER DISSOLUTION OF MARRIAGE.

All children of a woman who has been married, born witliin
ten moutlis after the dissolution of the marriage, are pre-
sumed to be tegitimate children of that marriage.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 194.

See Kerr's Cyc. C. C. for 4 pars, annotation.

75 C. 379, 381, 17 P. 434 (cited with other sections); 137 C.
129, 133, 134, 69 P. 900 (construed and applied).

Born after dissolution of marriage. — See 2 Church's New Pro-
bate Law and Practice, 1800.

Children of annulled marriage. — See 2 Church's New Probate
Law and Practice, 1801. .

Custody and maintenance of children on divorce. — See 7
Encyc. P. 84, 129.

Maintenance of children on divorce. — See 7 Ency. P. 84, 129.

Same — Amount allowed for. — See 7 Encyc. P. 131.

Same — Appeals from orders as to. — See 7 Encyc. P. 136.

Same- — Decrees containing no provision for. — See 7 Encyc.
P. 131.

Same — During suit for divorce. — See 7 Encyc. P. 130.

Same — Order for maintenance. — See 7 Encyc. P. 130, 131.

Same — Party about to leave state. — See 7 Encyc. P. 130.

Same — Selection of custodian. — See 7 Encyc. P. 130.

Same — Where divorce is refused. — See 7 Encyc. P. 130.

§195. WHO MAY DISPUTE THE LEGITIMACY OF A
CHILD. The presumption of legitimacy can be disputed only
by the [1] husband or [2] wife, or the [3] descendant of one
or both of them. Illegitimacy, in such case, may be proved

like any other fact.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

75 C. 379, 381, 17 P. 434 (cited with other sections); 137 C.
298, 303, 92 A. S. 175, 70 P. 91 (applied).

As to method of proof of illegitimacy and sufficiency of evi-
dence, — see notes 60 A. D. 687; 72 A. D. 649.

Birth in lawful wedlock, legitimacy presumed. — See 1 Church's
New Probate Law and Practice, 56; 56 A. D. 210-223; 72 A. D.
649-654; also note § 193, ante.

Who may dispute legitimacy of child. — See 2 Church's New
Probate Law and Practice, 1800.

101



§§ 196, 197 CIVIL CODE. [Div.I.Pt.III.

§196. OBLIGATION OF PARENTS FOR THE SUPPORT
AND EDUCATION OF THEIR CHILDREN. The parent enti-
tled to the custody of a child must give him support and
education suitable to his circumstances. If the support and
education which the father of a legitimate child is able to
givt' are iandequate, the mother must assist him to the extent
of her ability.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.

71 C. 495, 497, 12 P. 508, 509 (applied); 95 C. 374, 377, 378, 30 P.
561 (applied); 109 C. 643, 648, 42 P. 428 (construed and applied);
130 C. 380, 382 (construed and applied); 62 P. 613; 134 C. 114,
116, 66 P. 18*7 (applied); 145 C. 713, 716, 79 P. 425 (construed with
other sections); 4 C. A. 264, 267, 87 P. 561, 562 (when parent is
no longer liable for support).

Care and custody of child — Right of parent to. — See Kerr's
Cyc. C. C. § 197 note pars. 2-5.

Children entitled to family allowance. — See 1 Church's New
Probate Law and Practice, 574.

Desertion of child by parent — Felony. — See Kerr's Cyc. Pen.
C. § 271 and note.

Disposing of child for mendicity — Misdemeanor. — See Kerr's
Cyc. Pen. C. § 272 and note.

Injury to child — Action for. — See Kerr's Cyc. C. C. P. § 376
and note.

Necessaries for children — Supplied by third person,- — as to, see
Kerr's Cyc. C. C. §§ 207, 208 and notes.

Paternal authority — Abuse of, — as to control by court, see
Kerr's Cyc. C. C. § 203 and note.

Poor relative — Duty to support.- — See Kerr's Cyc. C. C. § 206
and note.

§ 197. CUSTODY OF LEGITIMATE CHILD. The father of
a legitimate unmarried minor child is entitled to its custody,

services, and earnings; but he cannot transfer such custody
or services to any other person, except the mother, without
her written consent, unless she has deserted him, or is living
separate from him by agreement.

If the father [1] be dead, or [2] be unable, or [3] refuse
to take the custody, or [4] has abandoned his family, the
mother is entitled thereto.

102



Tit.II.ch.I.] PARENTS SEPARATED. § igg

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 194.

See Kerr's Cyc. C. C. for 16 pars, annotation.

95 C. 3.74, 377, 378, 30 P. 561 (cited with other sections); 130
C. 380, 382, 62 P. 613 (construed and applied); 134 C. 114, 116,
66 P. 187 (cited in discussion); 137 C. 273, 276, 92 A. S. 160, 70
P. 21, 58 L. 941 (applied); 142 C. 423, 426, 76 P. 37 (applied); 3
C. A. 286, 290, 85 P. 130 (cited).

Appointment of general guardian for. — See 1 Church's New
Probate Law and Practice, 78.

Emancipation — Relinquishment of earnings — As to, see Kerr's
Cyc. C. C. § 211 and note.

Commitment of infants. — See 1 Church's New Probate Law
and Practice, 88.

Custody of — Awarding. — See 1 Churcli's New Probate Law
and Practice, 78.

Same — Habeas corpus for. — See 1 Church's New Probate
Law and Practice, 92-98.

Guardian for minor — Appointment of — As to, see Kerr's Cyc.
C. C. § 421 and note.

Minors and their custody, guardian, commitment, and habeas
corpus. — See 1 Church's New Probate Law and Practice, 85-98.

Property of child — Parent's control over — As to, see Kerr's
Cyc. C. C. § 202 and note.

Petition for writ of habeas corpus for detention of child. —
See 1 Cliurch's New Probate Law and Practice, 79.

Relinquishment of riglit to earnings — As to, see Kerr's Cyc.
C. C. § 214 and note.



§198. IIISBAXD AM) WIFE LIVING SEPARATE,
NEITHER TO HAVE SUPERIOR RIGHT TO CUSTODY OF
CHILDREN. The husband and father, as such, has no right
superior to those of the wife and mother, in regard to the
care, custody, education, and control of the children of tlie
marriage, while such huHl)and and wife live separate and
apart from each other.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

137 C. 273, 276, 92 A. S. 160, 70 P. 21, 58 L. 941 (applied); 142
C. 423, 426, 76 P. 37 (applied).

As to custody of child in divorce, see Kerr's Cyc. C. C. § 138
and note.

103



§§ 199-201 CIVIL CODE. [Div.I.Pt.III.

§ 199. WHEN HUSBAND OR WIFE MAT BRING ACTION
FOR THE EXCLUSIVE CONTROL OF CHILDREN— DECREE
IN SUCH CASES. Without application for a divorce, the
husband or the wife may bring an action for the exclusive
control of the children of the marriage; and the court may,
[1] during the pendency of such action, or [2] at the final
hearing thereof, or [3] afterwards, make such order or decree
in regard to the support, care, custody, education, and con-
trol of the children of the marriage, as may be just, and in
accordance with the natural rights of the parents and the
best interests of the children, and may [4] at any time there-
after amend, vary, or modify such order or decree, as the
natural rights and the interests of the parties, including the
children, may require.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

109 C. 643, 649, 42 P. 428, 429 (referred to).

As to when wife is entitled to custody of child, see Kerr's
Cyc. C. C. § 214 and note.

Awarding custody — Considerations governing court in, — as
to, see Kerr's Cyc. C. C. § 200 note par. 4; also §246 and note.

Depriving parent of custody pending action — Court has au-
thority to. 109 C. 643, 649, 42 P. 428.

§200. CUSTODY OF AN ILLEGITIMATE CHILD. The

mother of an illegitimate unmarried minor is entitled to its
custody, services, and earnings.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

Estate of illegitimate child, dying intestate, goes to mother. —
See Kerr's Cyc. C. C. § 1387 and note.

Mother's duty to support. — See Kerr's Cyc. C. C. § 196 and
note.



§ 201. ALLOWANCE TO PARENT. The proper court may
direct an allowance to be made to the parent of a child, out
of its property, for its past or future support and education,

104



II



Tit.ir.ch.I.] PARENTAL ABUSE. §§202-204

on such conditions as may be proper, whenever such direc-
tion is for its benefit.

History: Enacted March 21, 1872.
See Kerr's Cyc. C. C. for 7 pars, annotation.

§202. PATIENT CANNOT CONTROL PROPERTY OF
CHILD. The parent, as such, has no control over the prop-
erty of the child.

History: Enacted March 21, 1872.

As to appointment of guardian by parent, see Kerr's Cyc. C.
C. § 241 and note.

Guardian alone can control infant's property. — See Kerr's Cyc.
C. C. § 242 and note.

§203. REMEDY FOR PARENTAL ABUSE. The abuse of
parental authority is the subject of judicial coariiizaiice in a
civil action brought [1] by the child, or [2] by its relative
within the third degree, or [3] by the supervisors of the
county where the child resides; and when the abuse is estab-
lished, the child may be freed from the dominion of the
parent, and the duty of support and education enforced.

History: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

103 C. 355, 356, 357, 37 P. 206 (applied): 109 C. 643, 647, 648.
649 (construed and applied); 650, 651, 653, 654. 656, 657, 659
(cited in dis. op.), 653, 654 (held not applicable irt dls. op.),
G55, 660, 661 (construed in dis. op.), 42 P. 428; 124 C. 677, 678, 57
P. 674 (applied); 143 C. 402, 404, 405, 77 P. 156 (construed, applied,
and object stated; also what was said of section in 103 C. 355,
356, 37 P. 206, considered not to be law).

Desertion of child by parent — Felony. — See Kerr's Cyc. Pen. C.
§ 271 and note.

Failure to supply child witli necessaries — Misdemeanor, where
wilful.^ — See Kerr's Cyc. Pen. C. § 270 and note. iil

Parental duty — ^As to, see Kerr's Cyc. C. C. § 196 and note.

§204. WHEN PARENTAL ATTHORITY CEASES. The

authority of a parent ceases:

1. Upon the appointment, by a court, of a guardian of the
person of a child;

105



§§ 205, 206 CIVIL CODE. [Div.I,Pt.III.

2. Upon the marriage of the child; or,

3. Upon its attaining majority.



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