ADOPTION.) In the same direction as the Custody of Children Act, 1891, and the Guardianship of Infants Act, 1925, is the Children Act, 1908, whereby considerable powers have been conferred on courts of summary jurisdiction. (See CHILDREN, PROTECTIVE LAWS.) There is not at common law any corresponding obligation on the part of either parent to maintain or educate the children. The legal duties of parents in this respect are those created by the poor laws, the Education Acts and the Children Act, 1908.
An infant is liable to a civil action for torts and wrongful acts committed by him. But, as it is possible so to shape the pleadings as to make what is in substance a right arising out of contract take the form of a right arising from civil injury, care is taken that an infant in such a case shall not be held liable. With respect to crime, mere infancy is not a defence, but a child under seven years of age is presumed to be incapable of com mitting a crime, and between seven and 14 his capacity requires to be affirmatively proved. After 14 an infant is doli capax.
The law of Scotland follows the leading princi ples of the Roman law. The period of minority (which ends at 21) is divided into two stages, that of absolute incapacity (until the age of 14 in males, and 12 in females) , during which the minor is in pupilarity, and that of partial incapacity (between 14 and 21), during which he is under curators. The guardians (or tutors), of the pupil are either tutors-nominate (appointed by the father in his will) ; tutors-at-law (being the next male agnate of 25 years of age), in default of tutors-nominate; or tutors-dative, appointed by royal warrant in default of the other two. No act done by the pupil, or action raised in his name, has any effect without the interposition of a guardian. After 14, all acts done by a minor having curators are void without their concurrence. Every deed in nonage, whether during pupilarity or minority, and whether authorized or not by tutors or curators, is liable to reduction on proof of "lesion," i.e., of material injury, due to the fact of nonage, either through the weakness of the minor himself or the imprudence or negligence of his curators. Damage in fact arising on a contract in itself just and reasonable would not be lesion entitling to restitution. Deeds in nonage, other than those which are absolutely null ab initio, must be challenged - within the quadriennium utile, or four years after majority.
The Guardianship of Infants Act, 1886, the Custody of Chil dren Act, 1891, the Children Act, 1908, and the Guardianship of Infants Act, 1925, mentioned above, all apply to Scotland.
In the United States the principles of the English common law as to infancy prevail, generally the most conspicuous variations being those affecting the age at which women attain majority. In many States this is fixed at 18. There is some diversity of practice as to the age at which a person can make a will of real or personal estate.
