AGAINST THE WILL. Technical words which must be used in framing an indict ment for robbery from the person. 1 Chit. Cr. Law 244.
In the statute of 13 Edw. I. (Westm. 2d) c. 34, the offence of rape is described to be ravishing a woman "where she did not con sent," and not ravishing against her will. Per Tindal, C. J., and ,Parke, B., in the ad denda to 1 Den. Cr. Cas. 1. And in Eng land this statute definition was adopted by all the judges ; Bell, Cr. Cas. 63, 71.
AGE. The length of time a person has lived. Full age or majority is the age at which the law allows persons to do acts or discharge functions which for want of years they were prohibited from doing or under taking before.
As to the age of consent in prosecution for rape, see RAPE, as to the age of respon sibility see INFANT, and see also PARENT AND CHILD.
In the U nited States, at 'twenty-five, a man may be elected a representative in congress; at thirty, a senator; and at thirty-five, he may be chosen president. He is liable to serve in the militia from eighteen to forty five inclusive, unless exempted for some par ticular reason. In England no one can be chosen member of parliament till he has at tained twenty-one years; nor be ordained a priest under the age of twenty-four; nor made a bishop till 'he has completed his , thirtieth year. The age of serving in the militia is from sixteen to forty-five years. The law, according to Blackstone, recognizes no minority in the heir to the throne. See 1 Bla. Com. 224, note, and 2 id. 208, note, where this appears to result from the char ter under which the king's oldest son be comes Duke of Cornwall by inheritance.
In French Law. A person must have at tained the age of forty to be a member of the legislative body; twenty-five, to be a judge of a tribunal de premiere instance; twenty-seven, to be its president, or to be judge or clerk of a cover royale; thirty, to be its president or procureur-general; twenty five, to be a justice of the peace; thirty, to be judge of a tribunal of commerce, and thirty Ave, to be its president ; twenty-five, to be a notary public; twenty-one, to be a testa mentary witness; thirty, to be a juror. At
sixteen, a minor may devise one-half of his property as if he were a major. A male can not contract marriage till after the eighteenth year, nor a female before full fifteen years. At twenty-one, both males and females are capable to perform all the acts of civil life; Touillier, Droit Civ. liv. 1, Intr. n. 188.
In Roman Law. Infancy ex tended to the age of seven; the period of childhood (pueritia) which extended from seven to fourteen, was divided into two pe riods ; the first, extending from seven to ten and a half, was called the period nearest childhood (etas infantice prowima) ; the oth er, from ten and a half to fourteen, the period nearest puberty (etas pubertati prox ima) ; puberty (pubertas) extended from fourteen to eighteen ; full puberty extended from eighteen to twenty-five; at twenty-five, the person was major. See Taylor, Civ. Law 254; Leon El. du Droit My. 22.
A witness may prove his own age; Cheever v. Congdon, 34 Mich. 296; State v. McClain, 49 Kan. 730, 31 Pac. 790 ; Morrel v. Morgan, 65 Cal. 575, 4 Pac. 580; State v. Best, 108 N. C. 747, 12 S. E. 907; Hill v. Eldridge, 126 Mass. 234 ; without giving his sources of in formation except on cross-examination; Cen tral R. R. v. Coggin, 73 Ga. 689; even if the parent from whom it is admitted that the knowledge was derived is present; Loose v. State, 120 Wis. 115, 97 N. W. 526; or is liv ing in the county where suit is brought; Pearce v. Kyzer, 84 Tenn. (16 Lea) 521, 57 Am. Rep. 240; but when the statement was made to a teacher for entry on school regis try, that record is not admissible; Simpson v. State, 46 Tex. Cr. R. 551, 81 S. W. 320. The date of one's birth may be proved by himself or members of his family ; Houlton v. Manteuffel, 51 Minn. 185, 53 N. W. 541; Chicago & A. R. Co. v. Lewandowski, 190 Ill. 301, 60 N. ,E. 497; but not when the knowledge is acquired from another person, the witness being an orphan ; People v. Col bath, 141 Mich. 189, 104 N. W. 633. One's own statement of his age has been said to be the best evidence; Morrison v. Emsley, 53 Mich. 564, 19 N. W. 187.