INFANT. From the observations daily made on the actions of infants, as to their arriving at discretion, the law and customs of every country have fixed upon parti cular periods, on which they are pre sumed capable of acting with reason and discretion ; in our law the full age of man or woman is twenty-one 'years. The ages of male and female are different for dif ferent purposes : a male at twelve years of age may take the oath of allegiance ; at fourteen, is of years of discretion, and therefore may consent or disagree to marriage, may choose his guardian, and if his discretion be actually proved, may make his testament of his personal estate; at seventeen 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 betrothed or given in marri age ; at nine, is entitled to dower : and at twelve, is of years of maturity, and therefore may consent or disagree to mar riage, and, if proved to have sufficient discretion, may bequeath her personal estate ; at fourteen is at years of legal 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 capa ble of property ; also an infant may pur chase, because it is intended for his be nefit, 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 after wards avoid it ; but if he die during his minority, his heirs may avoid it ; for they shall not be bound by the contracts of a person, who wanted capacity to contract. As to infants being witnesses, 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 examination 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., know ing him to be an infant, he shall not be chargeable in trover and conversion, or any other action, for them ; for the infant is not capable of any contract but for ne cessaries; therefore such delivery is a gift to the infant; 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 tres. pass. Infants are disabled from contracting for any thing but necessaries for their per son, suitable to their degree and quality, and what is necessary must be left to tht 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 purpose 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 abso lutely void. As necessaries for an infant's wife are necessaries for him, he is charge able for them, unless provided before marriage ; in which case he is not answer able, though she wore them afterward. An infant is also liable for the nursing of his lawful child. Where goods are fur nished 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 parents' 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 clothes, 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 infancy are good considerations to support a promise made, when a person is of full age to pay them ; but the pro mise must be express. A bond, without a penalty, for necessaries, will bind an infant ; but not a bond with a penalty. Legacies to infants cannot be paid either to them or their parents. An infant can not be a neither can he be an at torney, bailiff, factor, or receiver.
By the custom of London, an infant unmarried and above the age of fourteen, if under twenty-one, may bind himself apprentice to a freeman of London, by indenture, with proper covenants, which covenants, by the custom of London, will be as binding as if of age.
If an infant draw a bill of exchange, yet he shall not be liable on the custom of merchants, but he may plead infancy, in the same manner as he may to any other contract.
An action on an account stated will not lie against an infant, though it be for ne cessaries.