14. Nor can a guardian in one state main tain an action in another for any claim in which his ward is interested. 11 Ala. N. s. 343; 18 Miss. 529 ; Story, Conti. Laws, 499. See LEX REI SIT/E. He cannot waive the rights of his ward,-not even by neglect or omission. 2 Vern. Ch. 368 ; 14 Ill. 417. No guardian, except a father, is bound to main tain his ward at his own expense. It is dis cretionary with a court whether to allow a father any thing out of his child's estate for his education and maintenance. Reeve, Dom. Rel. 324; 6 Ind. 66.
15. Rights and liabilities of wards. A ward owes obedience to his guardian, which a court will aid him in enforcing. 1 Strange, 167 ; 3 Atk. Ch. 721. The general rule is that the ward's contracts are voidable, 13 Mass. 237 ; 14 id. 457: yet there are some contracts so clearly prejudicial that they have been held absolutely void : such as con tracts of surety. 4 Conn. 376.
16. A ward cannot marry without the con sent ()Phis or her guardian. Reeve, Dom. Rel. 327. And any one marrying or aiding in the marriage of a ward without such consent is guilty of contempt of court. 2 P. Will. 562 ; 3 id. 116. Infants are liable for their torts in the same manner as persons of full age. 5 Hill, N. Y. 391; 3 Wend. N. Y. 391 ; 9 N. H. 441. A ward is entitled to his own earnings. 1 Bouvier, Inst. 349. He attains his majority the day before the twenty-first anniversary of his birthday. 3 Harringt. 557; 4 Dana, 597; 1 Salk. 44. He can sue in court only by his guardian or prochein anti. 4 Black stone, Comm. 464. He could not bring an action at law against his guardian, but might file a bill in equity calling him to account. 2 Vern. Ch. 342; 3 P. Will. Ch. 119; 3 Atk. Ch. 25 ; 1 Yes. Ch. 91. By the practice in chancery, he was allowed one year to exa mine the accounts of his guardian after coming of age. 7 Paige, 46. The statute of limitations will not run against him during the guardianship. 34 Ala. N. s. 15. But see
LIMITATIONS.
17. Sale of infants' lands. It is probable that the English court of chancery did not have the inherent original power to order the sale of minors' lands. 2 Yes. Ch. 23 ; 1 Moll. 525. But, with the acquiescence of parlia ment, it claims and exercises that right for the purpose of maintaining and educating the ward. This power is not conceded as belonging to our courts of chancery in this country by virtue of their equity jurisdiction, nor to our probate courts as custodians of minors. 6 Hill, N. Y. 415; 2 Kent, Comm. 229, n. a. It must be derived from some statute authority. 27 Ala. N. s. 198; 7 Johns. Ch. N. Y. 154 ; 2 Pick. Mass. 243 ; Ambl. 419.
It has been a much-disputed question whether an infant's lands can be sold by special act of the legislature. On the ground that the state is the supreme guardian of in fants, this power of the legislature has been sustained where the object was the education and support of the infant. 29 Miss. 146 ; 30 id. 246 ; 5 Ill. 127 ; 20 Wend. N. Y. 365 ; 8 Blackf. Ind. 10; 16 Mass. 326., So it has been sustained where the sale was merely ad vantageous to his interest. 11 Gill. & J. Md. 87; 14 Serg. & R. Penn. 435. There has been some opposition on the ground that it is an encroachment on the judiciary. 4 N. H. 565, 575; 10 Yerg. Tenn. 59. Such sales have been sustained where the object was to liquidate the ancestor's debts. 4 T. B. Monr. Ky. 95. This has been considered question able in the extreme. 10 Am. Jur. 297 ; 10 Yerg. Tenn. 59: contra, 16 Ill. 548. It has also been exercised in the case of idiots and lunatics, and sustained on the same reasons as in the ease of infants. 7 Mete. Mass. 388.
By statute, we have also guardians for the insane and for spendthrifts. 2 Barb. N. Y. 153 ; 8 Ala. N. 8.796; 18 Me. 384; 8 N. H. 569 ; 19 Pick. Mass. 506.