INFANT, in law. By the common law per sons come to majority at the age of 21 years, until which time they are called in law infants, but by common usage in the United States the word minor prevails. This rule is practically universal, by statute, for males, but many States fix the age at 18 years for females. Infants cannot, in general, bind themselves by contracts, as they are supposed not to have sufficient 'discretion and ability for this pur pose. But this is their privilege, and their contracts are accordingly held in general= nop to be void, but only voidable at their election; and they may elect to avoid their contracts in relation to property either after or during their minority, except such as they may have entered into for necessaries suited to their comlition in life, but they cannot ceatErra any contracts so as to be bound by them until their majority. Contracts affecting realty are usually held not to be avoidable by infants until after their majority. Infants may possess property, but it must' be under the management and con» trol of a guardian. They have not the right of citizens as 'to voting and discharging other political functions. But in regard to crimes and punishments, and trespasses and private wrongs, their conduct is regulated by the same laws as that of the other members of the community, in ease of their being of sufficient age and dis cretion to understand their duties and obliga tions. And for this purpose no general limit can be assigned, as some children are much more intelligent than others of the same age; and it will again depend, in some degree, upon the nature of the offense Committed, or the wrong done, whether a child of any given age can be considered legally guilty of it, since some offenses and wrongs can be more easily under* stood to be such than others. The law, in gen eral, has a tender regard to youth, and does not permit them to be convicted and punished for offenses and trespasses unless it appears clearly that they have sufficient knowledge and dis cretion to distinguish them to be such. There
are exceptions to the incapacities of minors as to contracting, and these exceptions are made for their benefit. Thus an infant not sufficiently' furnished with necessary clothes, food; lodging, medical services, or instruction, by his parent or guardian, and not being under the immediate superintendence of' the parent or guardian, may mgke a valid contract, in respect to those sub jects, and such contract may be enforced against him. However, an infant who has con tracted for, and received necessaries is liable for their reasonable value only, and not neces sarily for the agreed price. Infants require the consent of parents or guardians to marry. The jurisdiction in respect to infants is gen -erally vested in either probate or orphans' courts. These courts appoint guardians to take charge of the property of infants, and, in case of the decease of the father, to take charge of their persons; but during the life of the father he, ordinarily has the guardianship and control of the persons of his children until they are 21 years of age.
Blackstone thus treats the subject infant: °Infants have various privileges, and various disabilities; but their very disabilities are privi leges, in order to secure them from hurting themselves by their own improvident acts. An infant cannot be sued but under the prOtectioh and joining the name of his guardian, for he is to defend him against all attacks as well by law as otherwise; but he may sue either by his guardian, or by his prochein ami, or alone for wages in the county courts. In criminal cases an infant of the age of 14 years may be capi tally punished, but under the age of seven he cannot. The period between 7 and 14 is sub ject to much uncertainty: for the infant shall, generally speaking, be judged prima facie inno cent; yet if he was doll topaz, and could discern between good and evil at the time of the offense committed, he may be convicted, and undergo judgment and execution of death, though he has not attained to years of puberty or discretion')