INFANT. 



possible, of salt-water, will be of essential 

 service, especially in summer ; but it 

 should not be entered on without previ- 

 ous purging. Frictions afterwards, with 

 flannel and aromatic powders, or lini- 

 ments, or the fumes of frankincense, mas- 

 tic, or amber, especially on the back and 

 belly, will contribute to strengthen the 

 habit. Bark, columbo, steel, and tinc- 

 ture of myrrh, are also to be recommend- 

 ed, where they can be employed. If the 

 child be of a gross habit, gentle emetics, 

 with warm and active aperients, will be of 

 use ; it being necessary to reduce the 

 tympanum of the belly, and to strengthen 

 the action of the intestinal canal. Though 

 this complaint be seldom suddenly van- 

 quished, yet, by attention to regimen, 

 and particularly to air and exercise, in 

 conjunction with the medical plan now 

 prescribed, it will generally be overpow- 

 ered by degrees. 



INFANT. From the observations daily 

 made on the actions of infants, as to their 

 arriving at discretion, the law and customs 

 of every country have fixed upon parti- 

 cular periods, on which they are pre- 

 sumed capable of acting with reason and 

 discretion ; in our Jaw the full age of man 

 or woman is twenty-one -years. The ages 

 of male and female are different for dif- 

 ferent purposes : a male at twelve years 

 of age may take the oath of allegiance ; 

 at fourteen, is of years of discretion, and 

 therefore may consent or disagree to 

 marriage, may choose his guardian, and if 

 his discretion be actually proved, may 

 make his testament of his personal estate; 

 at seventeen may be a procurator, or an 

 executor ; and at twenty-one is at his own 

 disposal, and may alien his lands, goods, 

 and chattels. A female at seven years of 

 age may be betrothed or given in marri- 

 age ; at nine, is entitled to dower : and 

 at twelve, is of years of maturity, and 

 therefore may consent or disagree to mar- 

 riage, and, if proved to have sufficient 

 discretion, may bequeath her personal 

 estate ; at fourteen is at years of legal 

 discretion, and may choose a guardian ; 

 at seventeen may be executrix ; and at 

 twenty-one, may dispose of herself and 

 her lands. An infant is capable of in- 

 heriting, for the law presumes him capa- 

 ble of property ; also an infant may pur- 

 chase, because it is intended for his be- 

 nefit, and the freehold is in him till he 

 disagree thereto, because an agreement 

 is presumed, it being for his benefit : and 

 because the freehold cannot be in the 

 grantor contrary to his own act, nor can 

 be in abeyance, for then a stranger would 



not know against whom to demand hi* 

 right ; and if at his full age the infant 

 agree to the purchase, he cannot after- 

 wards avoid it ; but if he die during his 

 minority, his heirs may avoid it ; for they 

 shall not be bound by the contracts of a 

 person, who wanted capacity to contract. 

 As to infants being witnesses, there seems 

 to be no fixed time at which children are 

 excluded from giving evidence; but it 

 will depend in a great measure, on the 

 sense and understanding of the children, 

 as it shall appear on examination in court. 



An infant is not bound by his contract 

 todeliver a thing ; so if one deliver goods 

 to an infant upon a contract, &c., know- 

 ing him to be an infant, he shall not be 

 chargeable in trover and conversion, or 

 any other action, for them ; for the infant 

 is not capable of any contract but for ne- 

 cessaries ; therefore such delivery is a 

 gift to the infant; but if an infant, without 

 any contract, wilfully take away the goods 

 of another, trover lies against him. Also, 

 it is said, that if he take the goods under 

 pretence that he is of full age, trover lies, 

 because it is a wilful and fraudulent tres- 

 pass. Infants are disabled from contracting 

 for any thing but necessaries for their per- 

 son, suitable to their degree and quality, 

 and what is necessary must be left to th^ 

 jury. 



An infant, knowing of a fraud, shall be 

 as much, bound as if of age. But it is 

 held, that this rule is confined to such acts 

 only as are voidable, and that a warrant of 

 attorney, given by an infant, being abso- 

 lutely void, the court will not confirm it, 

 though the infant appeared to have given 

 it, knowing it was not good, and for the 

 purpose of collusion. 



As to acts of infants being void, or only 

 voidable, there is a difference between 

 an actual delivery of the thing contracted 

 for, and a bare agreement to deliver it ; 

 the first is voidable, but the last abso- 

 lutely void. As necessaries for an infant's 

 wife are necessaries for him, he is charge- 

 able for them, unless provided before 

 marriage ; in which case he is not answer- 

 able, though she wore them afterward. 

 An infant is also liable for the nursing of 

 his lawful child. Where goods are fur- 

 nished to the son, he is himself liable, if 

 they be necessaries. If tradesmen deal 

 with him, and he undertakes to pay them, 

 they must resort to him for payment ; but 

 if they furnished the infant on the credit 

 of his father, the father only is liable. 

 With respect to education, &c. infants 

 may be charged, where the credit was 

 given, bona fide, to them. But where the 



