INFANT. 
of every country have fixed upon parti- 
cular periods, on which they are presum- 
ed capable of acting with reason and dis- 
cretion; in our law, the full age of man 
or woman is twenty-one years. The 
ages of male and female are different for 
different purposes : a male at twelve years 
of age may take the oath of allegiance ; at 
fourteen, is of years of discretion, and there- 
fore may consent or disagree to marriage, 
may choose his guardian, and if his discre- 
tion be actually proved, may make his 
testament of his personal estate ; at seven- 
teen, 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 be- 
trothed or given in marriage ; at nine, is in- 
titled to dower ; and at twelve, is of years 
of maturity, and therefore may consent or 
disagree to marriage, and, if proved to have 
sufficient discretion, may bequeath her per- 
sonal estate ; at fourteen, is at years of le- 
gal 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 ca- 
pable of property ; also an infant may pur- 
chase, because it is intended for his benefit, 
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 his right; and if at his full 
age the infant agree to the purchase, he 
cannot afterwards avoid it; but if he die 
during his minority, his heirs may avoid it ; 
for they shall not be bound by the con- 
tracts of a person, who wanted capacity 
to contract. As to infants being witness- 
es, 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 examina- 
tion in court. 
An infant is not bound by his contract to - 
deliver a thing ; so if one deliver goods to 
an infant upon a contract, &c., knowing 
him to be an infant, he shall not be charge- 
able in trover and conversion, or any other 
action for them ; for the infant is not capa- 
ble of any contract but for necessaries; 
therefore such delivery is a gift to the in- 
fant ; 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 trespass. In- 
fants are disabled from contracting for 
any thing but necessaries for their person, 
suitable to their degree and quality, and 
what is necessary must be left to the 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 pur- 
pose 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 absolutely 
void. As necessaries for an infant’s wife 
are necessaries for him, he is chargeable for 
them, unless provided before marriage ; in 
which case he is not answerable, though she 
wore them afterward. An infant is also 
liable for the nursing of his lawful child. 
Where goods are furnished 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 infant is under the parent! 1 power, and 
living in the house with them, he shall not 
be liable even for necessaries. 
If a tailor trust a young man under age 
for cloaths, to an extravagant degree, he 
cannot recover ; and he is bound to know 
whether he deals at the same time with any 
other tailor. 
A promissory note given by an infant for 
board and lodging, and for teaching him a 
trade, is valid, and an action will lie for the 
money. And debts contracted during in- 
fancy, are gobd considerations to support a 
promise made, when a person is of full age 
to pay them ; but the promise must be ex- 
press. A bond, without a penalty, for ne- 
cessaries, will bind an infant ; but not a 
bond with a penalty. Legacies to infants 
cannot be paid either to them or their pa- 
rents. An infant cannot be a juror, neither 
can he be an attorney, bailiff, factor, or re- 
ceiver. 
