! 
858 CONTRACT. 
countries, and different times are assigned for 
different acts. By the common law, all persons 
are infants until twenty-one years of age, and 
then are considered as of full age for all purposes 
whatsoever. By the same law, the ages of males 
and females are different for different purposes. 
A male at fourteen is at years of discretion, and 
may consent or disagree to marriage, may choose 
his guardian, and, if his discretion is actually 
proved, he may make a testament of his personal 
estate, though not of his lands; at seventeen, he 
may be an executor. A female may, at seven 
years, be betrothed in marriage; at nine, is en- 
titled to a dower; at twelve, may consent or 
.agree to marriage; at fourteen, may choose a 
guardian; at seventeen, may be an executrix; 
and at twenty-one, is of full age for all purposes. 
Both males and females are capable of making 
contracts for necessaries during their minority ; 
but, in general, other contracts do not bind them, 
unless manifestly for their benefit; and, though 
contracts made with them cannot be avoided by 
the other side, the infants themselves, when they 
arrive at age, may ratify them; for, as to them, 
they are generally voidable, and not void. A 
contract, too, must be for some legal object or 
purpose; that is, for something which the law 
allows to be done or omitted; for it isa general 
principle, that all contracts which are prohibited 
by law, whether they involve moral turpitude, or 
are merely prohibited by positive law, are void 
and incapable of binding the parties. A contract, 
too, must have a sufficient consideration to sup- 
port it. Considerations are either valuable in 
themselves, or good. A good consideration is 
such as flows from blood or natural affection be- 
tween near relations, such as parent and child. 
In respect to such considerations, it may be said, 
that they are, as between the parties, generally 
sufficient to support an executed contract; that 
is, a contract which has completed its operation 
by a transfer of the thing, such as a gift or grant, 
or assignment and delivery of a thing. But 
where the rights of third persons, such as credi- 
tors, intervene, such gifts, or grants, or assign- 
ments, are not always valid, as against them. 
For a man must be just before he is generous. 
But in respect to good considerations, if the 
contract is not executed, but is a mere chose in 
action, such as a promise to pay money, or to de- 
liver goods, or to give a thing, such a contract 
has no legal obligation, and cannot be enforced 
in a suit, inacourt of law. It is generally deemed 
a voluntary promise or naked pact. A valuable 
consideration is one arising from, or on account 
of, money or goods received, or services done, or 
other contracts of reciprocal benefit, or marriage, 
or a loss or injury, or forbearance of right. In 
all such cases, if a promise is made on any of 
| these or the like accounts, it is binding in law. 
Tf A promises to pay ten dollars to B for goods 
sold to A, or money borrowed, &c., it is a binding 
contract. So if A promises to pay B a debt due 
CONTRACTS FOR WORKS. 
from C,if B will forbear, for a certain time, tu 
sue C, it is a binding contract. So,if A has done 
an injury to B’s lands or goods, and promises to 
indemnify him, it is a good contract. In all these 
cases, there is a mutuality of interest or consid- 
eration—a guid pro quo. But a mere moral obli- 
gation creates no contract; as if A promises to 
give a pauper his clothes, or to supply him with 
necessaries. But though, in general, a contract 
is not binding, unless made upon a valuable con- 
sideration, there are certain forms in the common 
law, as there are in the civil law, by which a 
party may bind himself without such considera- 
tion. If, therefore, A enter into a written con- 
tract, under his seal, with B, to pay him a sum 
of money, or do any other act, there the common 
law considers the deed of such high solemnity, 
that it will hold it binding. It deems it as im- 
porting a valuable consideration, or rather will 
not suffer the contrary to be proved, and acts 
upon the solemnity of the instrument as, of itself, 
of paramount obligation, There are certain con- 
tracts which the common law requires to be done 
in a particular mode to give them validity, and 
therefore another requisite is, that the contract 
must be in due form. There are certain things, 
which can be conveyed or transferred only by 
some written instrument or deed, such as incor- 
poreal hereditaments, as rights of ways, ease- 
ments, &c.; and, generally speaking, lands can 
now be granted only by deed. There are also 
many cases specially provided for by statutes, in 
which contracts are not binding, unless reduced 
to writing, and signed by the party or his agent. 
Among these are contracts for the debts of an- 
other, contracts respecting lands, and contracts 
respecting goods beyond a certain value. Indeed, 
many of the regulations, here referred to as part 
of the common law, are variously modified by the 
local jurisprudence, and principally by statutes. 
CONTRACTS FOR WORKS. The usual course 
of proceeding, when contractors for work can be 
obtained, is for the engineer to prepare his map 
or plan of the country, together with a correct 
profile or section to scale, of the intended work, 
and to write out a specification or particular ex- 
planatory of his drawings and plans, stating how | 
the work is to be executed, where it is to begin, 
—pointing out where the spare soil or rubbish, 
or material to be removed, is to be deposited, 
—when the work is to commence,—what time 
will be allowed for its completion,—how and 
where it is to be paid for,—what penalty is ex- 
pected to be incurred should the work be slighted, 
neglected, or not finished within the stated time, 
—whether the contractor is to be kept free from 
water should springs be cut into in the progress 
of his operations, or whether he is to bear his 
own carriages or water-charges,—and any other 
particulars necessary to be known. These plans 
and particulars are then deposited in some acces- 
sible place, as near as possible to where the work 
is to be performed, or in a neighbouring town or 
