32 INF 
into a penalty can be of no advantage to tlie infant. But 
a bond or Tingle bill for the exaft account of neceffaries 
fumilhed will be valid. It is alfo faid, that an infant 
cannot, either by parol-contraft or a deed, bind himfelf, 
even for neceffaries, in a fum certain ; and that, fliould an 
infant promife to give an unreafonable price for neceffaries, 
that would not bind him; and that therefore it may be faid 
that the contraft of an infant for neceffaries, as a contrail, 
does not bind him any more than his bond would ; but 
only, fince an infant mull live as well as a man, the law 
gives a reafonable price to thofe who furnilh him with ne¬ 
ceffaries. Cafes in Lazo and Equity, 85. And in a cafe where 
a warrant of attorney was given by an infant and ano¬ 
ther, and judgment entered up thereon, the court on mo¬ 
tion ordered the name of the infant to be ftruck out, and 
fet afide the judgment againft him. a Black. Rep. 1133. 
If an infant comes to a llranger, who inftrufts him in 
learning, and boards him, there is an implied contract in 
law, that the party fhould be paid as much as his board 
and fchooling are worth ; but if the infant at the time of 
his going thither was under the age of difcretion, or if he 
were placed there upon a fpecial agreement with fome of 
the child’s friends, the party that boards him has no re¬ 
medy againft the infant, but muft refort to them with 
whom he agreed for the infant’s board, See. Allen, 94. 
Neceffaries for an infant’s wife are neceffaries for him ; 
but, if provided only in order for the marriage, he is not 
.chargeable, though (he ufe them after. Stra. 168. An 
infant lhall be.liable for the nurfing his child. E/p. N. P. 
161. 
As to judicial aBs, and afts done by an infant in a 
court of record, they regularly bind the infant and his 
reprefentatives, with the following favings and exceptions; 
as, if an infant levies a fine, though the judges ought not 
■to admit the acknowledgment of one under that difa- 
bility, yet, having once recorded his agreement as the 
judgment of the court, it ffiall for ever bind him and his 
reprefentatives, unlefs he reverfes it by writ of error, 
which muft be brought by him during Ins minority, that 
the court by infpeftion may determine his age. Co. Lit. 380. 
Moor, 76. z Rol. Abr. 15. zlnfi. 483. zBulf.^zo. izCo.izz. 
Yelv. 11 5. 3 Mod. 229. 
So, if an infant levies a fine, he is enabled by law to 
declare the ufes thereof; and, if he reverfeth not the fine 
during his nonage, the declaration of ufes will Hand good 
for ever. If there be tenant for life, the remainder to an 
infant in fee, and they two join in a fine, the infant may 
'"bring a writ of error, and reverfe the fine as to himfelf; 
but it ffiall Hand good as to the tenant for life 5 for the 
difability of the infant ffiall not render the contrail of 
the tenant for life, who wasof full age, ineffectual. 1 Leon. 
115, 317. 2 Sid. 55. 2 Jones, 182. 
As to recoveries, fullered by infants, when thefe were 
improved into a common way of conveyance, it was 
thought reafonable that thofe whom the law had judged 
incapable to aft for their own intereft, fliould not be bound 
by the judgment given in recoveries, though it was the 
folemn aft of the court; for, where the defendant gives 
way to the judgment, it is as much his voluntary aft and 
conveyance as if he had transferred the land by livery, 
or any other aft ; therefore, if an infant fuffers a reco¬ 
very, he may reverfe it, as he may a fine, by writ of er¬ 
ror, during his minority ; and this was formerly taken 
to be law, as well where the infant appeared by guardian, 
as by his attorney, or in perfion ; but now the diftinftion 
turns upon this point, that, if an infant fuffers a recovery 
in perfon, it is erroneous, and he may reverfe it by writ 
of error; but even in this cafe the writ of error muft be 
brought during his minority, that his infancy may be 
tried by the infpeftion of the court; for at his full age it 
becomes obligatory and unavoidable. 1 Rol.Abr. 731, 742. 
-Co. Lit. _ 381. b. 2 Rol. Abr. 395. 10 Co. 43 a. See farther 
under the article Recovery. 
An infant is to profecute a fuit by his guardian or beft 
friend, though the term ufed is prochein amy ; i. e. next 
friend ; but he cannot defend by fuch next friend, but 
A N T. 
muft defend only by guardian, becaufe the law fuppofes, 
that, where he demands or fues for any thing, it is for 
his benefit. The power for infants to fue by prochein amy 
was firft introduced by the ftatute Weft. 2. 
If an infant be joined with others in fuing in the right 
of another, the action may be brought by attorney ; for 
they all make but one perion in law. 3 Cro. 377. But in 
all cafes where an infant is defendant, though it be in 
another’s right, and though joined with others, he muft 
defend by guardian. 2 Cro. 289. 1 Lev. 294. In all ac¬ 
tions real, perfonal, or mixed, againft an infant, if he ap¬ 
pears by attorney, it is error. 8 Co. b. 9 Co. 30. b. If an 
attorney undertakes to appear for an infant, and enters it 
per altornatum, it may be amended and made per guardia- 
num. Str. 114, 445. 
The plaintiff’s attorney fliould apply to the defendant, 
to name a guardian; and if he does not, in fix days, the 
plaintiff may apply to the court, who will oblige him to 
do it. 2 Wilf. 50. 
The infant plaintiff, who fues by prochein amy, is not li¬ 
able to cofts, becaufe he cannot, while under age, difa- 
vow the fuit; but the prochein amy is liable. Str. 548. James 
v. Hatfield, Barnes 128. And, if it appear to the court 
that lie is not of fufficient ability to. pay the cofts, the 
court will order another who is. But an infant defendant 
(although he names a guardian) is liable to colts if the 
verdift be againft him. .Dyer 104. 1 BuIJl. 109. Str. 70SM 
When the defendant in an aftion is an infant, the plain¬ 
tiff ffiall have fix years to bring his aftion in, after the 
defendant becomes of age ; and, if the plaintiff be an in¬ 
fant, he hath fix years likewife after his age, to fue by 
the ftatute of limitations. Lutzo. 243. 
As to ails in pais, infants are regularly allowed to re- 
feind and break through all contrafts in pais made during 
minority, except only for fchooling and necefiaries, be they 
never fo much as to their advantage; and the reafon hereof 
is, the indulgence the law has thought fit to give infants, 
who are fuppofed to W'ant judgment and difcretion in 
their contracts and tranfaftions with others, and the care 
it takes of them in preventing their being impofed upon, 
or over-reached by perfons of more years and experience. 
39 Edw. 3. 20. b. 1 Rol. Abr. 729. Co. Lit. 17a, 381. And, 
for the better fecurity and proteftion of infants, herein, 
the law lias made fome of their contrafts abfolutely void ; 
i. e. all fuch in which there is no apparent benefit, or 
femblance of benefit, to the infant; but as to thofe from 
which the infant -may receive benefit, and which were en¬ 
tered into with more folemnity, they are only voidable ; 
that is, the law allows them, when they come of age, and 
are capable of confidering overagain what they have done, 
either to ratify and affirm fuch contrafts, or to break 
through and avoid them. Cro. Car. 502. 1 Jone, 405. 3 Mod. 
310. Hence an infant may purchafe, becaufe it is intended 
for his benefit; and at his full age he may either agree or 
difagree to the fame. Co. Lit. 2, 8. 2 Vern. 203. 
Alfo the feoffment of an infant is not void, but only 
voidable; not only becaufe he is allowed to contraft for 
his benefit, but becaufe there ought to be fome aft of 
notoriety to reftore to him, equal to that which transferred 
it from him. Co. Lit. 380. Dyer, 104. 2 Rol. Abr. 572. 4 Co. 
125. a. 
Alfo as to the afts of infants being void, or voidable, 
there is a diverfity between an actual delivery of the thing 
contrafted for, and a bare agreement to deliver it only ; 
that the firft is voidable, but the lalt abfolutely void; as 
if an infant deliver a horfe, or a fum of money, with his 
own hands, this is only voidable, and to be recovered back 
in an aftion of account. But if an infant agrees to give 
a horfe, and does not deliver the horfe with his hand, and 
the donee takes the horfe by force of the gift, the infant 
ffiall have an aftion of trefpafs; for the grant was merely 
void. Perk. § 12, 19. 1 Mod. 137. 
And as an infant is not bound by his contraft to deli¬ 
ver a thing ; fo if one deliver goods to an infant upon a 
contraft, See. knowing him to be an infant, he ffiall not 
be chargeable in trover and converfion, or any other ac- 
j tion 
