Page:Revised Codes of the State of North Dakota 1895.pdf/640

§§ 2698-2708 CHAPTER 2.

PERSONS.

§ 2698. Minority defined. Minors are:

1. Males under twenty-one years of age.

2. Females under eighteen years of age,

The periods thus specified 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.

§ 2699. Adults. All other persons are adults.

§ 2700. Unborn child. A child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth.

§ 2701. Minor's disability. 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.

§ 2702. Contract subject to disaffirmance. A minor may make any contract other than as above specified in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this chapter and subject to the provisions of the chapters on marriage and on master and servant.

§ 2703. Minor's contracts. In all cases other than those specified in sections 2704 and 2705 the contract of a minor, if made while he under the age of eighteen, may be disaffirmed by the minor himself, either before his majority or within one year's time afterwards; or in case of his death within that period, by his heirs or personal representatives, and if the contract is made by the minor while 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 with interest.

§ 2704. Cannot disaffirm contracts 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 guardian able to provide for him or them.

§ 2706. Nor statutory contracts. A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute.

§ 2706. Idiot's powers. 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.

§ 2707. When idiot's contract subject to rescission. A conveyance 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 of rescission of this code.

§ 2708. Cannot contract after incapacity determined. After his incapacity has been judicially determined a person of unsound mind can make no conveyance or other contract, nor delegate 606