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age he be, and cannot be done by his guardian ; for the 
guardian can make no advantage thereof, confequently 
has nothing therein whereby he can give an account; 
therefore the infant himfelf (hall prefent. Co. Lit. 17. b. 
89. a. 29 Edw. III. 5. 3 Injl. 156. 
Infants have various privileges, and various difabilities; 
but their very difabilities are privileges, in order to fecure 
them from hurting themfelves, by their own improvident 
afts. An infant cannot be fued but under the protec¬ 
tion, and joining the name, of his guardian ; for he is to 
defend him againft all attacks as well by law as other- 
wife ; but he may fue either by his guardian, or prochein 
amy, his next friend who is not his guardian. Co. Lit. 135. 
This prochein amy may be any perfon who will undertake 
the infant’s caufe; and it frequently happens, that an in¬ 
fant, by his prochein amy, inftitutes a fuit againft a frau¬ 
dulent guardian; 
With regard to eftates and civil property, an infant 
hath many privileges, which will be better underftood on 
farther inveftigation ; but this may be faid in general, 
that an infant (hall lofe nothing by non-claim or negleft 
of demanding his right; nor (hall any other laches or ne¬ 
gligence be imputed to an infant, except in Come very 
particular cafes; viz. in cafe of a fine where the time be¬ 
gins in the life of the anceftor ; or of an appeal of death 
of his anceftor, where he brings not his appeal within a 
year and a day. See. 1 Injl. 24.6, 380. Wood's Injl. 13. 
An infant is capable of inheriting, for the law prefumes 
him capable of property 5 alfo an infant may purchafe, 
becaufe it is intended for his benefit, and the freehold is 
in him till he difagree thereto ; becaufe an agreement is 
prefumed, it being for his benefit, and becaufe the free¬ 
hold cannot be in the grantor contrary to his own aft, 
nor can be in abeyance, for then a ftranger would not 
know againft whom to demand his right; and, if at his 
full age the infant agrees to the purchafe, he cannot af¬ 
terwards avoid it; but, if he dies during his minority, 
his heirs may avoid it; for they (hall not be bound by 
the contracts of a perfon who wanted capacity to con¬ 
tract. Co. Lit. 2, 8. 2 Injl. 203. If an infant take a leafe for 
years, rendering rent; if he enter upon the land, he (hall 
be charged with an aftion during his minority, becaufe 
the purchafe is intended for his benefit; but he may 
.waive the term, and not enter; and, if more rent be re- 
ferved upon the leafe than the land is worth, he may 
avoid it. 2 Buljl. 69. If an infant make a leafe for years 
with remainder over, rendering rent, and, at full age, ac¬ 
cepts the rent of the tenant for years, this (hall be an af- 
fent to him in remainder, fo that he fnall not ouft him 
after. Plowd. 546. 
As to contraHs for neceffaries, made by infants, it is to 
be obferved that (ftriftly (peaking) all contracts made by 
infants are either void or voidable ; becaufe a contraft is 
the aft of the underftanding, which during their (fate of 
infancy they are prefumed to want; yet civil focieties 
have fo far lupplied that defeft, and taken care of them, 
as to allow them to contraft for their benefit and advan- 
ta_ge, with power, in molt cafes, to recede from and va¬ 
cate it, when it may prove prejudicial to them. But in 
this contraft for mcejfaries they are abfolutely bound ; and 
this likewife is in benignity to infants; for, if they w’ere 
not allowed to bind themfelves for necelfaries, nobody 
would truft them, in which cafe they would be in worle 
circumftances than perfons of full age. 10 Hen. VI. 14. 
18 Edw. IV. 2. 1 Rol. Abr. 729. Therefore it is clearly 
agreed, that an infant may bind himfelf to pay for his ne- 
cefiary meat, drink, apparel, phyfic, and l'uch other necef- 
faries ; and likewife for his good teaching and inftruftion, 
whereby he may profit himfelf afterwards. Co. Lit. 172. 
This binding means by parol: in faft, for mcejfaries, if 
there is not an aftual promife , the law implies a promife, 
but the infant will not be bound by any bond, note, or 
bill, which he gives, though for neceifaries ; therefore a 
tradefman’s belt fecurity will be the aftual or implied pro¬ 
mife. With refpeft to fchooling, S 3 c. it muft be in cafes 
ANT. 
where the credit was given, bona fde, to the infant. But, 
where an infant is fub potef ate parentis, and living in the 
houfe with his parents, he (hall not then be liable even 
for neceffaries. 2 Black. Rep. 1325. It muft appear that 
the things were aftually neceffary, and of reafonable prices, 
and fuitable to the infant’s degree and eftate, which re¬ 
gularly muft be left to the jury ; but if the jury find that 
the things were neceffaries, and of reafonable price, it 
(hall be prefumed they had- evidence for what they thus 
find ; and they need not find particularly what the necef¬ 
faries were, nor of what price each thing was; alfo, if the 
plaintiff declares for other things as well as neceffaries, 
or alleges too high a price for thofe things that are necef¬ 
fary, the jury may confider of thofe things that were real¬ 
ly neceffaries, and of their intrinfic value, and proportion 
their damages accordingly. Cro. Jac. 360. 2 Rol. Rep. 144. 
Poph. 151. Palm. 361. Goulf. 168. Godb. 219. 1 Leon. 114. 
If an infant promifes another, that, if he will find him 
meat, drink, and waffling, and pay for his fchooling, 
he will pay 7I. yearly, an aftion upon the cafe lies upon 
this promife ; for learning is as necefary as other things ; and, 
though it is not mentioned what learning this was, yet it 
jhall be intended what was jit for him, till it be (liown to the 
contrary on the other part; and, though he to whom the 
promife was made does not inftruft him, but pays another 
for it, the promife of re-payment thereof is good ; if it 
appears that the learning, meat, drink, and waffling, could 
not be afforded for a lefs fum than 7I. 1 Rol. Abr. 729. 
Palm. 528. 1 Jon. 182. 
AJfumpfit, for labour and medicines in curing the de¬ 
fendant of a diftemper, See. who pleaded infancy; the 
plaintiff' replied, it was for neceffaries generally ; and upon 
a demurrer to this replication it was objefted, that the 
plaintiff had not afligned in certain how, or in what man¬ 
ner, the medicines were neceffary ; but it was adjudged, 
that the replication in this general form was good, 
Carth. no. 
If an infant be a mercer, and hath a (hop in a town, 
and there buys and fells, and contracts to pay a certain 
fum to J. S. for wares fold to him by J. S. to retell, yet he 
is not chargeable upon this contraft ; for this trading is 
not immediately neceffary ad viftum & vejlitum-, and, if 
this were allowed, infants might be infinitely prejudiced, 
and buy and fell, and live by the lofs. 1 Rol. Abr. 729. 
Cro. Jac. 494. 2 Rol. Rep. 45. And, as the contraft of an 
infant for wares, for the neceffary carrying on his trade, 
whereby he fublifts, (hall not bind him ; io neither (hall 
he be liable for money which he borrows to lay out for 
neceffaries; therefore the lender muft, at his peril, lay it 
out for him, or fee that it is laid out in neceffaries. 5 Mod. 
368. 1 Salk. 3S6-7. Thus, in debt upon a fingle bill, the 
defendant pleaded that he was within age ; the plaintiff 
replied, that it was for neceffaries, viz. iol. for clothes, and 
15I. money lent for and towards his neceffary fupport at 
the univerlity; the defendant rejoined, that the money was 
lent him to fpend at plcafure. The plaintiff had judgment 
in C. B. but was reverl'ed in K. B. on a writ of error ; 
for the iffue only being, whether this money was lent the 
infant for neceffaries, not whether it was laid out in ne¬ 
ceffaries, it cannot bind the infant whichever way it is 
found; for it might have been borrowed for neceffaries, 
and laid out in a tavern; and the law will not intruft the 
infant with the application and laying of it out. 1 Salk. 
386. So if one lends money to an infant, who aftually 
lays it out in neceffaries, yet this will not bind the in¬ 
fant, nor fubjeft him to an aftion ; for it is upon the 
lending that the contraft muft arife, and after that time 
there could be no contraft raifed to bind the infant, 
becaufe after that he might wafte the money ; and the 
infant’s applying it afterwards for neceffaries will not, 
by matter ex pojl fafto , entitle the plaintiff to an aftion. 
1 Salk. 279. 
Although an infant (hall be liable for his neceffaries, 
yet, if he enters into an obligation with a penalty for pay¬ 
ment thereof, this (hall not bind him; for the entering 
into 
