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this shall not be construed to prevent or invalidate the issu-
ance, filing, service, execution or recording of any legal pro-
cess or written instrument whatever on such Saturday after-
noons.

Hlstorr: Enacted March 21, 1872; amended 1880, Code Amdts.
1880 (C. C. pt.), p. 9, 1899, Stats, and Amdts. 1889, p. 47; 1893,
Stats, and Amdts. 1893, p. 186; 1897, Stats, and Amdts. 1897, p.
14; March 18, 1907, Stats, and Amdts. 1907. p. 565; February 19,
1909. Stats, and Amdts, 1909, p. 23.

6



ni'SINESS DAYS— COMPUTING TIME. §§ g-lQ

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

Holidays — Exclusion and Inclu.sion In computing tinif. — Soo
Kerr's Cyc. C. C. § 10 and note; Kerr's Cyc. Pol. C. SS 7. 8. 11 and
notes; Kerr's Cyc. C. C. P. SS 10-13 and notes.

Same — PuMlcatlon of notice on — As to validity of, see Kerr's
Cyc. C. C. I 10 note par. 11; Kerr's Cyc. C. C. P. 15 10-13 and
notes.

Same — Service of legal process on — As to validity of, see
Kerr's Cyc. C. C. { 10 note par, 12; Kerr's Cyc. C. C. P. {S 10-13
and notes.

Special holidays declared by governor are Invalid. — S<e Kcrr'n
IIUMinlnl Siipitlenient 1]I0». note to the above section.

§S. SA.MK (repealed).

IliNtory: Enacted March 21, 1872; repealed by Code Commis-
sion amendment of March 16, 1901, Stats, and Amdts. 1900-1. p.
:!32; lield iinconstitntbmal, see hi.'^tory, S I ante; repealed, Act
Feb. 20. 1905. Stats, and Amdts. 1905. p. 11.

§9. BL'SINKSS DAYS. All other days than those men-
tioned in .section seven are to be deemed business days for
all purposes.

Hlntoryt Enacted Marcli 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 332; held
unconstitutional, see history, { 4 unto; amended Feb. 20, 1905,
.^tals. and Amdts. 1905. p. 11.

§ UK ( OMriTATKLN OF TIMK. The time in which any
act provided by law is to be done is computed by cxrliidini:
the tirst day and including the last, unless the last day is a
holiday, and then it is also excluded.

IIU(<>r.>: EruKteil March 21. 1872.

Kerr's Cyc. C. C V. fur r. 1 pars. nnnotatl<m.

107 C. 282, 284, 40 P. 430 (applied); 119 C. 87. RK SI TV ?4
(applied); 131 C. 590. r.94. 63 P. 1013 (applied).

(''■imputation nf tim(> — As («> ffrnerally, 8«'e Ken
$ 10 and note; K<rr'» Cyc. ('. ('. P. i 1 J and ni>to.

Sanie — Fractions of a day consldereil when. — See Kerr's Cyc.
C. C. I 10 n«tf pars. 27. 28; Kirr's Cyc. C. C. V. I 12 note par. 11.

S.'inii — Inclusive and exclusive method. — .See Kerr's Cyc. C C
P. S 12 and note; Kerr's Cyc. C. C. i 10 note pars. 3-9.

Same — Holidays not counted. — See Kerr's Cyc. C. C. I 10 note
pars. 13-20.

7



§§ 11-13 CIVIL CODE.

Tear, week, and day, — as to, see Kerr's Cyc. Pol. C. § 3255
and note; Kerr's Cyc. C. C. P. § 17 and note pars. 18, 19, 21; also
2 W. & P. 1832; 8 W. & P. 7427, 7551.

§ 11. CERTAIN ACTS HOT TO BE DONE ON HOLIDAYS.

Wherever any act of a secular nature, other than a work of
necessity or mercy, is appointed by law or contract to be
perfc-T^ed upon a particular day, which day falls upon a
holiday, it may be performed upon the next business day,
with the same effect as if it had been performed upon the
day appointed.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

110 C. 547, 551, 42 P. 1079 (applied); 136 C. 185, 193, 68 P.
601 (applied); 136 C. 253, 256, 68 P. 707, 70S (applied).

§ 12. JOINT AUTHORITY CONSTRUED. Words giving a
joint authority to three or more public officers or other per-
sons are construed as giving such authority to a majority of

them, unless it is otherwise expressed in the act giving the
authority.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.
100 C. 121, 132, 34 P. 630 (applied); 2 C. A. 453, 459, 83 P. 580,
582 (applied).

§ 13. WORDS AND PHRASES, HOW CONSTRUED. Words
and phrases are construed accordiug to tlie context and the
approved usage of the language; but teclmical words and
phrases, and such others as may have acquired a peculiar
and appropriate meaning in law, or are defined in the suc-
ceeding section, are to be construed according to sucli pecul-
iar and appropriate meaning or definition.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 25 pars, annotation.

75 C. 1, 73, 16 P. 345, 370, 378 (applied); 131 C. 433, 435, 65

P. 729 (referred to in discussion); 136 C. 460, 464, 69 P. 83

(applied); 138 C. 364, 366, 71 P. 446 (applied); 145 C. 82, 84, 78



DEFINITION OF TERMS. § 14

P. 340, 341, 104 A. S. 17 (applied); 145 C. 407, 409, 78 P. 964, 965,
104 A. S. 58 (applied); 146 C. 728, 733, 81 P. 119, 121 (applied).

Contracts, as to, see Kerr's Cyc. C. C. §§ 1644, 1645 and notes;
Kerr's Cyc. C. C. P. § 1861 and note.

§14. CERTAIN TERMS DEFINED. Words used in this
code in the present tense include the future as well as the
present; Mords used in the masculine gender include the
feminine and neuter; the singular number includes the plu-
ral, and the plural the singular; the word person includes a
corporation as well as a natural person; county includes
city and county; writing includes printing and typewriting;
oath includes affirmation or declaration; and ["testify"] eyery
mode of oral statement, under oath or affirmation, is embraced
by the term "testify," and ["depose"] every written one in the
term "depose"; signature or subscription includes mark, when
the person cannot write, [1] his name being written near
it, [2] by a person who writes his own name as a witness;
provided, that when a signature is by mark it must, in order
that the same may be acknowledged or may serve as the
signature to any swoi'ii statement, [1] be witnessed by two
persons, [2] who must subscribe their own names as witnesses
thereto. The following words have in this code the signifi-
cation attached to them in this section, unless otherwise
apparent from the context:

1. The word "property" includes property, real and per-
sonal ;

2. The words "real property" are coextensive with lands,
tenements, and hereditaments;

3. The words "personal proi)erty" include money, goods,
chattels, things in action, and evidences of debt:

4. The word "month" means a calendar month, unless other-
wise expressed;

6. The word "will" includes codicil;

6. The word "section," wherever hereinafter employed,
refers to a section of this code, unless some other code or
statute is expressly mentioned.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 181; Code Commission amendment,' Act

9



§§ 15-18 CIVIL CODE.

March 19, 1901, Stats, and Anidts. 1900-1, p. 332; unconstitutional,
see history, § 4, ante; amended March 25, 1903, Stats, and Amdts.
1903, p. 407.

See 'Kerr's Cyc. C. C. for 78 pars, annotation.

54 C. 107, 109 (construction of subd. 28 of feection as origi-
nally passed, — repealed by amendments 1873-4); 58 C. 373, 375'
(construction of subd. 5 as originally enacted; substantially
same as present provision); 62 C. 182, 184 (applied); 72 C. 55,
57, 12 P. 49, 50 (applied); 73 C. 320, 322, 14 P. 876, 877 (applied);
91 C. i!3«, 248, 27 P. 604, 606 (construed and applied); 96 C.
598, 600, 31 P. 553, 22 L. 370 (applied); 110 C. 387, 396, 52 A. S.
104, 42 P. 815, 30 L. 460 (construed); 113 C. 345, 353 45 P. 680
(construed and applied); 131 C. 590, 591, 594, 63 P. 1013 (con-
strued and applied); 133 C. 69, 71, 65 P. 142 (cited with other
sections); 134 C. 287, 289, 66 P. 324 (referred to); 135 C. 167,
172, 67 P. 52 (referred to); 137 C. 354, 356 (erroneously cited
as §172), 70 P. 459 (correct citation); 140 C. 406, 409, 73 P.
1086 (applied); 141 C. 113, 115, 74 P. 773 (construed and
applied); 142 C. 529, 539, 76 P. 243 (applied).

Boundaries — Words used in, — as to, see Kerr's Cyc. Pol. C.
§§ 3903-3907 and notes.

§ 15. GOOD FAITH, >VHAT CONSTITUTES (repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 182.

§ 16. DEGREES OF CARE AND NEGLIGENCE (repealed).

History: Enacted March 21, 1872; repealed' March 30, 1874,
Code Amdts. 1873-4, p. 182.

See Kerr's Cyc. C. C. for 3 pars, annotation.

§17. DEGREES OF NEGLIGENCE (repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 182.

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

66 C. 579, 590, 5 P. 637, 645, 56 A. R. 119 (repeal of section
referred to).

§ 18. NOTICE, ACTUAL AND CONSTRUCTIVE. Notice is:

1. Actual — which consists in express information of a fact;
or,

2. Constructive — which is imputed by law.

History: Enacted March 21, 1872.
10



ACTUAL NOTICE. § 18

See Kerr's Cyc. C. C. for 11 pars, annotation.

97 C. 575, 584, 33 A. S. 209, 32 P. 579, 581, 21 K 33 (referred
to); 118 C. 258, 260, 50 P. 380 (applied): 119 C. 447, 451, 51 P.
693 (applied); 131 C. 582, 587, 589, 63 P. 915 (applied).

ACTUAL NOTICE.

As to generally.— See 21 Encyc. of L. 582; 37 Cent. Dig.
1465, § 1.

Acts of agents of government. — See 37 Cent. Dig. col. 1471, § 8.

Advertisements and publications of facts. — See 62 A. D. 320;
37 Cent. Dig. col. 1471, §9; see also "Publications authorized by
law," this note.

Agent, notice to — Principal charged witli, when. — See 3 A. C.
441; 39 A. R. 322; 24 A. S. 228; 2 Obiter Dig. 352; 1 L. 217; 1
L. 563; 2 L. 734; 10 L. 705; 21 L. 342; 32 L. 62.

Same — Sub-agent, notice to — Effect of. — See 21 L. 340.

Attorney, notice to — Notice to client. — 3 A. C. 441; see also
"Agent," this note.

- Cestui que trust, charged with notice to trustee. — See 2 Obiter
Dig. 352.

Corporation — Charged with notice to director, wlien. — See 39
A. R. 84.

Same — Charged with notice to officer or agent, when. — 6 A. C.
679; 36 A. D. 188.

Evidence — Competency and sufficiency of. — See 21 Encyc. of
L,. 589; 37 Cent. Dig. col. 1490, §§ 39, 40.

Same — Memory of facts constituting notice. — See Moore on
Facts, §§ 795, 796, 831.

Same — Of unrecorded deed, degree of proof. — See Moore on
Facts, § 44.

Same — Proof under averment of due notice. — Sec 14 PL & Pr.
1070.

Same— Questions for jury. — Sec 21 Encyc. of L. 589; 37 Cent.
Dig. col. 1492, § 41.

Judicial proceedings. — See 37 Cent. Dig. col. 1471, § 10.

Knowledge — Of facts and circumstances. — See tit. "Facts and
circumstances," note § 19, post.

Same — Of unrecorded deed. — See 13 A. D. 705.

Same — Or express notice. — See 37 Cent. Dig. col. 1466. § 2.

Necessity of notice — As a condition of due process. — See 6 L.
657; 11 L. 225.

Same — As to generally. — See 37 Cent. Dig. col. 1472, § 13.

Same — Facts within knowledge of party. — See 37 Cent. Dig.
col. 1473, i 14.

Same — Waiver of notice. — See 37 Cent. Dig. col. 1473. § 15.

Pleading — Allegation of notice, necessary when. — See 14 PI.
& Pr. 1066-1069; 37 Cent. Dig. col. 1489, §37.

Same— Same— Alder by verdict.— See 37 Cent. Dig. col. 1490,
§38.

11



§ 19 CIVIL CODE.

Same — Averment of excuse or waiver. — See 14 PI. & Pr. 1069.

Same — Manner of alleging- notice. — See 14 PI. & Pr. 1071.

Same — Answer denying notice. — See 14 PI. & Pr. 1072.

Possession, by actual. — See 2 L. 201; 2 L. 734; 4 L. 222; 8 L.
211; 11 L. 661; 37 Cent. Dig. col. 1472, §11; see also tit. "Pos-
session of land," etc., note § 19, post.

Principal charged with notice to agent, when. — See "Agent,"
this note.

Public statutes.— See 21 Encyc. of L. 588; 37 Cent. Dig. col.
1472, § 12.

Publications authorized by law. — See 62 A. D. 320; 37 Cent.
Dig. col. 1471; § 9; see also "Advertisement," etc., this note.

Same — In foreign language. — See 14 L. 64.

Question of fact when, question of law when. — See 21 Encyc.
of L. 589.

Requisites and sufficiency of formal notice. — See 21 Encyc.
of L. 582-589; 37 Cent. Dig. col. 1474, §§16-21.

Service of formal notice — Method and sufficiency of. — See 37
Cent. Dig. col. 1476, §§ 22-36.

Signing notice by proxy. — See 22 L. 298.

Sub-agent — Notice to, effect of. — See 21 L. 340; see also
"Agent," this note.

Telephone — Notice by, insufficient when. — See 37 Cent. Dig.
col. 1476, § 21.

Time of — First and last days in computing. — See 49 L. 221.

"Trustee" — Word in written instrument, whether imparts
notice. — See 82 A. S. 513.

Waiver of notice. — See 37 Cent. Dig. col. 1473, § 15.

§ 19. CONSTRUCTIVE NOTICE [AVHEN DEE3IED]. Every

person who has had actual notice of circumstances sufficient
to put a prudent man upon inquiry as to a particular fact,
has constructive notice of the fact itself in all cases in which,
by prosecuting such inquiry, he might have learned such
fact.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 182.

See Kerr's Cyc. C. C. for 104 pars, annotation.

77 C. 449, 456, 19 P. 820, 823 (referred to); 82 C. 621, 626, 23 P.
193, 195 (applied); 97 C. 575, 584, 32 P. 579, 581, 33 A. S. 209, 21
L. 33 (referred to); 118 C. 258, 260, 50 P. 380, 381 (quoted); 119
C. 447, 451, 51 P. 693, 695 (applied); 120 C. 282, 284, 52 P. 585,
586 (applied); 122 C. 98, 101, 54 P. 528, 529 (applied); 122 C.
517, 521, 55 P. 401, 402 (applied); 123 C. 163, 166, 55 P. 759, 760
(referred to as an equitable rule) ; 128 C. 221, 224, 60 P. 679, 681

12



CONSTRUCTIVE NOTICE. § 20

(quoted); 131 C. 582, B8Z, 63 P. 915, 917 (referred to); 139 C.
246, 257, 72 P. 997, 1001 (applied in dis. op.); 140 C. 34. 46, 73
P. 803, 806 (applied); 150 C. 289, 318, 88 P. 356, 358, 8 L. N. S.
692 (applied); 151 C. 242, 253, 90 P. 538, 543 (applied).
CONSTRUCTIVE NOTICE.

As to what is, and nature — Generally. — See 21 Encyc. of L.
582; 45 A. R. 184; 1 L. 192; 2 L. 734; 4 L. 717; 37 Cent. Dig. col.
1466, § 3.

Same — Is mere evidence of notice. — See 2 Obiter 'Dig. 351.

Corporate by-law, as. — See 25 L. 48.

Facts or circumstances putting on inquiry — As to generally. —
Sec 23 A. D. 47; 34 A. S. 399; 21 Encyc. of L. 584-588; 37 Cent.
Dig. col. 1468, §4; 2 Obiter Dig. 351.

Same — Failure to inquire, effect of. — See 37 Cent. Dig. col.
1470, § 6.

Same — Presumption of notice. — See 37 Cent. Dig. col. 1470,
§8.

Same — Rumors. — See 37 Cent. Dig. col. 1470, § 5.

Facts within knowledge of party. — See 37 Cent. Dig. col. 1473,.
§ 14; see also "Knowledge," note § 18, ante.

Newspaper articles and publications authorized by law. — See
62 A. D. 320; 37 Cent. Dig. col. 1471, §9; see also tit. "Publlca-
'tions," etc., note § 18, ante.

Paper expressly referring to another paper — Gives notice of
contents of latter, when. — See 16 A. D. 754; 2 Obiter Dig. 351.

Pleading — Necessity for — Form and sufficiency of. — See tit.
"Pleading," note § 18, ante.

Possession of land, as notice. — See Kerr's Cyc. C. C. § 19, note
pars. 53 et seq.; § 1217 and note; see also tit. "Possession," etc.,
note § 18, ante.

Recital in deed or other writing. — See 16 A. D. 754; 1 L. 191;
7 L. 840; 2 Obiter Dig. 351.

Record — Unauthorized, as notice. — See 1 L. 192.

Recordation — Notice by. — See Kerr's Cyc. C. C. §§ 1158, 1213
and notes.

Recorded instrument — Recitals in — Notice to parties. — See
Kerr's Cyc. C. C. § 1217 and note.

Sufficiency of.— See 2 Obiter Dig. 351.

Unrecorded deed — Facts sufficient to put party on inquiry,
when. — See Kerr's Cyc. C. C. § 19, note par. 42.



§20. EFFECT OF KEPE.VL. No statute, law, or rule is
continued in force because it is consistent with the provisions
of this code on the same subject; but in all cases provided
for by this code, all statutes, laws, and rules heretofore in
force in this state, whether consistent or not with the pro-

13



§ 21 CIVIL CODE.

visions of this code, unless expressly continued in force by it,
are repealed or abrogated.
This repeal or abrogation does not revire any former law

heretofore repealed, nor does it affect any right already exist-
ing or accrued, or any action or proceeding already taken,
except as in this code provided.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1. p. 333, held
unconstitutional ; see history, § 4, ante.

See Kerr's Cyc. C. C. for 25 pars, annotation.

68 C. 294, 298, 303, 58 A. R. 12, 9 P. 139, 144 (construed and
commented on); 96 C. 490, 492, 493, 31 P. 560, 561 (not applic-
able); 109 C. 571, 580, 42 P. 225 (applied); 121 C. 362, 364, 53 P.
842 (construed and applied).

§ 21. THIS ACT, HOW CITED. This act, whenever cited,
enumerated, referred to, or amended, may be designated
simply as "The Civil Code," adding, when necessary, the num-
ber of the section.

History: Enacted March 21, 1872.

31 P. 620, 622 (cited).



14



DIVISION FIRST.

Fart I. Persons, §§ 25-42.

XL Personal Rights, §§ 43-54.

III. Personal Relations. §§ 55-276.

IV. Corporations, §§ 283-653zb.



15



i



PART I.

PERSONS.

§ 25. Minors, who are.

§ 26. Periods of minority, how calculated.

§ 27. Adults, who are.

§ 28. Status of minors, how changed [repealed].

§ 29. Unborn child.

§ 30. Persons made adults by other states, considered as such
in this state, when domiciled herein [repealed].

§ 31. Minors by the law of other state or country, how consid-
ered in this state [repealed].

§ 32. Custody of minors.

§ 33. Minors cannot give a delegation of power.

§ 34. Contracts of minors made; disaffirmance.

§ 35. When minor may disaffirm.

§ 36. Cannot disaffirm contract for necessaries.

§ 37. Nor certain obligations.

§ 38. Contracts of persons without understanding.

§ 39. By persons of unsound mind.

§ 40. Power of persons whose incapacity has been adjudged.

§ 41. Minors liable for wrongs, but not liable for exemplary
damages.

§ 42. Minors may enforce their rights.

§25. MINORS^ ^VHO ARE. Minors are:

1. Males under twenty-one years of age;

2. Females under eigliteen years of age.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

119 C. 599, 601, 51 P. 962 (applied); 5 P. 80 (applied with
§26).

§26. PERIODS OF MINORITY, HOW CALCULATED.

The periods specified in ttie preceding section must be calcu-
lated from the first minute of the day on ivhich persons are
born to the same minute of the corresponding day completing
the period of minority.

History: Enacted March 21, 1872; amended Code Commission,
Act March 8, 1901, Stats, and Amdts. 1900-1, p. 333, held uncon-
stitutional; see history, § 4, ante.

17



§§ 27-31 CIVIL CODE. [Div. I.

See Kerr's Cyc. C. C. for 7 pars, annotation.
5 P. 80 (applied with § 25).

§ 27. ADULTS, WHO ARE. All other persons are adults.

History: Enacted March 21, 1872.

§28. STATUS OF MINORS, HOW CHANGED (repealed).

Hi.story: Enacted March 21, 1872; repealed March 30, 1874,
Code Anidts. 1873-4, p. 182.

Statutes 1858 (p. 108) embraced only females; the original
section extended the privilege to males.

§29. UNBORN CHILD. 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 134 pars, annotation.

87 C. 15, 21, 25 P. 161 (erroneously cited for §2913); 132 C.
523, 580, 60 P. 442, 64 P. 1000 (applied); 139 C. 480, 483, 96 A. S.
154, 69 P. 297, 73 P. 244, 245 (unborn child not protected by this
section where mother, etc., has brought suit and there has been
a compromise or recovery without its existence having been
known to defendant).

As to unborn children, in addition to the very full annota-
tion in Kerr's Cyclopedic Civil Code, § 29, see 29 Encyc. of L.
93; 49 Cent. Dig. col. 1235, §1086; and col. 2270, §§1511-1513;
2 A. C. 866; 7 A. C. 134; 11 L. 391; 44 L. 489.

§30. PERSONS MADE ADULTS BY OTHER STATES,
CONSIDERED AS SUCH IN THIS STATE, WHEN DOMI-
CILED HEREIN (repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1S73-4, p. 182.

§31. MINORS BY THE LAWS OF OTHER STATE OR
COUNTRY, HOW CONSIDERED IN THIS STATE (repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 182.

18



I Pt. I.] CONTRACTS BY MINORS. §§ 32-35

§ 32. CUSTODY OF MINORS. The custody of minors and
persons of unsound mind is regulated by Part III of this
division.

History: Enacted March 21, 1872.

§33. MINORS CANNOT GIVE A DELEGATION OF
POWER. A minor cannot [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.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 182.

See Kerr's Cyc. C. C. for 7 pars, annotation.

74 C. 52, 56, 15 P. 364, 367 (discussed; not applicable); 115 C.
143, 151, 44 P. 336, 46 P. 922 (construed).

§34. CONTRACTS BY MINORS MADE; DISAFFIRM-
ANCE. 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.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 183; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 333, unconstitutional;
see history, § 4, ante.

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

As to contracts of infants — Avoidance, confirmation, etc., see
16 Encyc. of L. 271-307; 27 Cent. Dig. col. 1108, §§ 98-160; 3 A. C.
593; 4 A. C. 422; 5 A. C. 131; 8 A. C. 131.

§35. WHEN MINORS MAY DISAFFIRM. 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 him-
self, 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

19



§§36,37 CIVIL CODE. [Div. I.

be made by the minor whilst he is over the age of eighteen,
it may be disaffirmed in like manner upon restoring the con-
sideration to the party from whom it was received, or paying
its equivalent.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 183.

See Kerr's Cyc. C. C. for 48 pars, annotation.

66 C. 336, 337, 5 P. 515 (erroneously cited by counsel); (C.
Nov. 19, 1885), 8 P. 597, 598 (construed); 89 C. 575, 581, 26 P.
1108, 1109 (disaffirmance under this section not necessary wliere
relation of trust and confidence is shown and conveyance rests
on implied trust); 123 C. 634, 639, 640, 641, 69 A. S. 90, 97, 56 P.
436 (construed and applied).

As to disaffirmance and avoidance of contracts by minors, in
addition to annotations in Kerr's Cyc. C. C. § 35, see 16 Encyc.
of L. 287-299; 27 Cent. Dig. col. 1160, §§149-160.

§36. CANJVOT DISAFFIRM CONTRACT FOR NECESSA-
RIES. A minor cannot disaffirm a contract, otherwise valid,
to pay the reasonable value of things necessary [1] for his
support, or [2] 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.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 183.

See Kerr's Cyc. C. C. for S3 pars, annotation.

123 C. 634, 640, 69 A. S. 90, 56 P. 436 (referred to by court in
discussion, but class of contract not involved in case).

As to contracts for necessaries being binding upon infant,
see 16 Encyc. of L. 275-281; 27 Cent. Dig. col. 1123, §§ 114-127.

As to apprenticeship, generally, see Kerr's Cyc. C. C. §§ 264
et sea- and notes.

Same — Contract of, binding upon infant. — See 16 Encyc. of L.
275.

§37. NOR CERTAIN OBLIGATIONS. A minor cannot
disaffirm an obligation, otherwise valid, entered into by him
under the express authority or direction of a statute.

History: Enacted March 21, 1872.

123 C. 634, 640, 56 P. 436, 439, 69 A. S. 90 (applied with § 36).

20



I



Pt. I.] CONTRACTS OF INCOMPETENTS. §§38,39

§38. COIVTEACTS OF PEllSONS IVITHOUT UNDER-
STANDIlVGr. 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 [1] his support or [2] the support of his family.



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