2. The words "real property" are coextensive with lands, şenements, and hereditaments; 3. The words "personal property" include money, goods, chattels, things in action, and evidences of debt; 4. The word "month means a calendar month, unless otherwise expressed; and, 5. The word "will" includes codicils. [In effect July 1, 1876.] 54 Cal. 109; 58 Cal. 357. §§ 15, 16, 17 of said Code are repealed. [In effect July 1, 1874.] or, § 18. Notice is: I. Actual-which consists in express information of a fact; 2. Constructive which is imputed by law. $19. Every person who has 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. [In effect July, 1874.] 54 Cal. 23, 352, 552; 55 Cal. 117, 161, 529; 57 Cal. 323, 399. § 20. 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this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed or abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided. § 21. This act, whenever cited, enumerated, referred to, "THE CIVIL or amended, may be designated simply as CODE," adding, when necessary, the number of the section. DIVISION FIRST. PART I. PERSONS, §§ 25-42. II. PERSONAL RIGHTS, §§ 43–50. 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 (Repealed.) 29.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 (Repealed.) 31.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 laws of other State or country, how considered in this State. (Repealed.) 32. Custody of minors. 33. Minors cannot give a delegation of power. 34. Contracts of minors made; disaffirmed. 85. When minor may disaffirm. 86. Cannot disaffirm contract for necessaries. 87. Nor certain obligations. 38. Contracts of persons without understanding. 89. Contracts of other insane persons. 40. Powers of persons whose incapacity has been adjudged. 41. Minors liable for wrongs, but not liable for exemplary dam. ages. 42. Minors may enforce their rights. § 25. MINORs are: 1. Males under twenty-one years of age; 2. Females under eighteen years of age. § 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. § 27. All other persons are adults. § 28 of said Code is repealed. [In effect July 1, 1874.] § 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. §§ 30, 31 of said Code are repealed. [In effect July 1, 1874.] § 32. The custody of minors and persons of unsound mind is regulated by Part III. of this division. § 33. A minor cannot give a delegation of power, nor, under the age of eighteen, make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possession or control. [In effect July 1, 1874.] § 34. A minor may make any other contract than as above specified, in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this title, and subject to the provisions of the Titles on Marriage, and on Master and Servant. [In effect July 1, 1874.] $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 by the minor himself, either before his majority or within a reasonable time afterwards; or, in case of his death within that period, by his heirs or personal representatives; and if the contract be made by the minor whilst he is over the age of eighteen, it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received, or paying its equivalent. [In effect July 1, 1874.] § 36. 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 guardian able to provide for him or them. [In effect July 1, 1874.] § 37. A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute. § 38. 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. [In effect July 1, 1874.] |