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it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received, or paying its equivalent. En. March 21, 1872. Am’d. 1873-4, 183.

Cal.Rep.Cit. 66, 337; 89, 581; 123, 639; 123, 641.

$36. Cannot disaffirm contract for necessaries. 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 guardain able to provide for him or them. En. March 21, 1872. Am'd. 1873-4, 183.

Cal.Rep.Cit. 123, 640.

$ 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. En. March 21, 1872.

Cal.Rep.Cit. 123, 640.

$38. Contracts of persons without understanding. 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. En. March 21, 1872. Am'd. 1873-4, 183.

Cal.Rep.Cit. 85, 190; 110, 296; 134, 568.

$ 39. Contracts by persons of unsound mind. A con veyance 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. En. March 21, 1872. Am'd. 1873-4, 184.

Cal.Rep.Cit. 85, 190; 110, 296.

Rescission of contracts: See post, secs. 1688-1691, 34063408.

$ 40. Powers of persons whose incapacity has been adjudged. 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

Civ, Code-2

from the medical superintendent or resident physician of the insane asylum to which such person may have been committed, showing that such person had been discharged therefrom cured and restored to reason, shall establish the presumption of legal capacity in such person from the time of such discharge. En. March 21, 1872. Am'd. 1877-8, 75.

Cal.Rep.Cit. 57, 531; 87, 198; 110, 296.

$ 41. Minors liable for wrongs, but not liable for exemplary damages. 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. En. March 21, 1872.

$ 42. Minors may enforce their rights. 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. En. March 21, 1872.

Cal.Rep.Cit. 74, 55.



45. 46. 47.

48. 349. $ 50.

General personal rights.
Defamation, what.
Libel, what.
Slander, what.
What communications are privileged.
Malice not inferred.
Protection to personal relations.
Right to use force.

$43. General personal rights. 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. En. March 21, 1872.

Cal.Rep.Cit. 111, 45; 119, 601 ; 122, 256; 124, 199. Political rights and duties: See Pol. Code, secs. 50-60. $ 44. Defamation, what. Defamation is effected by: 1. Libel; 2. Slander. En. March 21, 1872. Cal.Rep.Cit. 70, 136.

8 45. Libel, what. 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. En. March 21, 1872.

Cal.Rep.Cit. 69, 528; 69, 529; 70, 275; 114, 272; 132, 227.
Pleading libel: See secs. 460, 461, Code Civ. Proc.
Privileged publication: See secs. 47, 48, infra.

$ 46. Slander, what. 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. En. March 21, 1872. Cal.Rep.Cit. 67, 80; 68, 193; 70, 218; 82, 526; 84, 180;

91, 111; 105, 320; 123, 159. Subd. 2-122, 61. Subd. 3 137, 343. $ 47. What communications are privileged. 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, 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. En. March 21, 1872. Am'd. 1873-4, 184; 1895, 167. Cal.Rep.Cit. 69, 529; 69, 627; 69, 630; 93,

93, 236; 137, 349. Subd. 3 - 91, 112, 111, 611; 111, 612; 137, 349.

Subd. 4-132, 229. 8 48. Malice not inferred. In the cases provided for in subdivisions three, four, and five, of the preceding section,


malice is not inferred from the communication or publication. En. March 21, 1872. Am'd. 1895, 167.

Cal.Rep.Cit. 70, 136; 93, 70; 132, 229.

$ 49. Protection to personal relations. The rights of personal relation 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 hus. band, of a child from a parent or from a guardian entitled to its custody, or of a servant from his master;

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. En. March 21, 1872.

Cal.Rep.Cit. 98, 582; 122, 256; 122, 257 ; 122, 259.
Action for seduction: See secs. 374, 375, Code Civ. Proc.

$ 50. Right to use force. 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. En. March 21, 1872. Am'd. 1873-4, 184.

Lawful resistance to the commission of offenses: See Pen. Code, secs. 692-694.

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