§ 39. A conveyance or other contract of a person of unBound 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. [In effect July 1, 1874.] § 40. After his incapacity has been judicially determined, a person of unsound mind can make no conveyance or other contract, nor delegate any power, nor waive any right, until his restoration to capacity. But a certificate 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. [In effect May 29, 1878.] 57 Cal. 531. § 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. § 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. PART II. PERSONAL RIGHTS. BEOTION 43. General personal rights. 44. Defamation, what. 45. Libel, what. 46. Slander, what. 47. What communications are privileged. 49. Protection to personal relations. 50. Right to use force. $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 from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations. See Pol. Code, §§ 37, 50-60; Penal Code, §§ 346-349. § 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 occupa tion. § 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, pro fession, 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. § 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, by one who is also interested, or by one who stands in such a 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, of a judicial, legislative, or other public official proceeding, or of anything said in the course thereof. [In effect July 1, 1874.] § 48. In the cases provided for in Subdivisions 3 and 4 of the preceding section, malice is not inferred from the communication or publication. § 49. 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 husband, 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. § 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. [In effect July 1, 1874.] Lawful resistance to the commission of offences. See Penal Code $$ 692-694. PART IIL PERSONAL RELATIONS. TITLE I. MARRIAGE, SS 55-181. II. PARENT AND CHILD, §§ 193-230. TITLE I. MARRIAGE. CHAPTER I. THE CONTRACT OF MARRIAGE, §§ 55–80. III. HUSBAND AND WIFE, §§ 155-181. CHAPTER I. THE CONTRACT OF MARRIAGE. ARTICLE I. VALIDITY OF MARRIAGE, $$ 55-63. II. AUTHENTICATION OF MARRIAGE, §§ 68-78. III. JUDICIAL DETERMINATION OF VOID MARRIAGES, § 80. ARTICLE I. VALIDITY OF MARRIAGE. RECTION 55. What constitutes marriage. 56. Minors capable of contracting marriage. 58. Certain marriages voidable. 59. Incompetency of parties to. 60. Of whites and negroes or mulattoes, void. 62. Released from marriage contract, when. 63. Marriages contracted without the State. § 55. MARRIAGE is a personal relation arising out of a civil contract, to which the consent of parties capable of making It is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations. Bigamy is defined in Penal Code, § 281, and punished by §§ 283-4. § 56. Any 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. 57. Consent to and subsequent consummation of mar. riage may be manifested in any form, and may be proved un der the same general rules of evidence as facts in other cases. § 58. If either party to a marriage be incapable from physical causes of entering into the marriage state, or if the consent of either be obtained by fraud or force, the marriage is voidable. [In effect July 1, 1874.] Penalty for false personation in marital relations. Penal Code, § 528. § 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. Penalty for incestuous marriages. Penal Code, §§ 285, 359. § 60. All marriages of white persons with negroes or mulattoes are illegal and void. § 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; 2. Unless such former husband or wife was absent, and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted; in either of which cases the subsequent marriage is |