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Show POPULAR TALKS ON LAW. (Copyrighted, 100G, by William C. Sprague, President Tho Sprague Correspondence School of Law.) Our readers who have followed this series of talks who have learned the rule as to tho contracts of persons of legal age, to the effect that generally gener-ally speaking an infant's contracts are voidable by him, with tho one great exception that whore under certain cer-tain circumstances ho makes a contract con-tract for the necessaries of llfo It Is good. The law with reference to the contracts con-tracts of Insanse persons nnd drunkards drun-kards Is based upon the same theory as is that of tho law with reference to tho contracts of Infants namely, that tlio law ought to protect the weak or such as have not sufficient mind, against the sti'ong or the mentally men-tally sound. Insanity, generally speaking, speak-ing, Is a weakness or derangement of mind. It is such a stato of mind that the person afflicted cannot think rationally, Is Incapable of protecting himself or his property, and cannot forsec the results of his acts. In this sense an idiot Is an Insane person. per-son. In order for one to make a valid contracts ho must understand its terms mil give his assent to them. An in sane person, generally speaking. Is Incapable of understanding and of giving rational assent. It would, therefore, bo tho height of injustice to "old a person to a contract made during his insanity. Thero are cases, however, where persons nro insane on some one sub-nect. sub-nect. and perfectly sane on others. Such pel sons are called monomaniacs. Or, they may be insane upon all subjects sub-jects but one. If this condition can be clearly proven the law will hold the person to his contracts made In relation to matters concerning which ho is entirely sane. Thero are persons per-sons who, while nominally Insane, are sane at intervals. If a contract can be proven to have been made during an interval of sanity it wll stand. It Is even held that whore one has general capacity he will be hold incapable if, when he made tin contract, he labored under a tlelusloi as to the particular matter which en thralled his judgment and will. Wo have learned that Infants are sarles of life where these aro no bound by contracts for the necei furnished them by parents or guar-dlans guar-dlans or otherwise. The same rule holds with reference to insane persons and idiots. In tho case of in fancy the necessaries must be such as concern his person, sa, for instance, medicine, food, clothing. In the case of Infancy, such contracts are voidable, void-able, that is, ho may carry them out or not as he chooses. However, such contracts aro binding upon him, if after his reason has returned, he affirms af-firms them, or if during his insanity his guardian, beforo ho becomes sane, authority over him ratify them. If tho person after becoming sane, or lf hs guardian, before he becomes sane, disaffirms a contract, and refuses to abido by It, ho must return whatever he has received on the contract provided pro-vided ho can do so. He cannot disaffirm disaf-firm the contract and keep tho proceeds. pro-ceeds. He may disaffirm the contraot without returning anything if what he has received Is lost or has in any way passed out of his control. Tho following excepton to some r the rules stated must be noted: Wher a guardian or a committee has been appointed by a court over a person adjudged to bo Insane his con i-acts from that time on aro void, excepting whore they aro for the necessaries of life, and then he is bound, not on the contract, but for tho reasonable value of what he has purchased. It should be said, tco, that whero one has been adjudged Insane his contracts, even"' , . J- . though mndo at lucid intervals, or while such judgment is In force, havo 10 binding effect. Where it Is a question whether or not a person was Insane, tho jury will bo instructed to look into the nature na-ture ot the contract and tho influences in-fluences that led to the making of the contract: They will be asked to consider whether It was fair or just; whether tho consideration was adequate; ade-quate; whether the other party knew of the mental derangement; whether tho other party sought an advantage In consequence of such knowledge; whether thero was any undue Influence Influ-ence used or fraud ; whether the sup- , i pesed Insane person had advice what was its nature and who gave It to him. These questions being answered ans-wered tho jury will he asked to declare de-clare whether or not the contract was the offspring 'of a sane mind. Tho sane party to a contract will be hold whether ho knew of the Insanity of tho other person or not, if the insane 4 person, or his representatives, so elect. Drunkenness Is a species of insn'-ity, insn'-ity, and while it Is not a good defense to a crlmlnnl charge, It may be pleaded plead-ed as a defense In a suit on a contract con-tract made when the person sued on the contract was drunk at the time ho made the contract. It follows, therefore, that a contract made by a person when diiink, if it can be proved that at tho tme he was bereft of reason, is voidable; It makes no difference whether the drunkenness was voluntary or involuntary. The same rule holds good with reference ref-erence to tho matter of the neces-sorles neces-sorles of life as in tho case of Insane In-sane persons, a drunkaixl being lield liable to pay for the reasonable value of the necessaries of life used by him when drunk. He may, when sober, return such as he has not consumed and disaffirm the contract to that extent. ex-tent. If ho keeps what ho purchased during his drunkenness an unreasonable unreason-able time after he becomes sober ho will be held to havo ratified the contract. con-tract. The contract of an habitual 'Irunkard Is good if made In a sober Interval. Mere drunkenness will not mpalr a contract. To have the effect of Impairing a contract it must be proven frit tho party was non com-pes com-pes mentis at the time. Insanity brought on by long continued drunkenness drunk-enness does not differ in legal effect from any other sort of insanity. (To bo oncltided.) o |